Daytona Beach Immigration Lawyer

Marriage Visas: I-751, K-1 & K-3

Any men or women that are married to a U.S. citizen on a K-1 visa are able to obtain a Conditional Green Card through marriage; however, the Conditional Green Card is valid for a time period of two years. When the card expires, their status becomes invalid and they can be deported. In order to avoid deportation, they must petition to have the conditions removed 90 days before the Conditional Green Card expires. In order to do this, they must file a Form I-751 (Petition to Remove the Conditions of Residence) and this form must be filed with the United States Citizenship and Immigration Services (USCIS). For further assistance with a marriage visa, contact a Daytona Beach immigration law attorney without delay.

The K-1 & K-3 Visas

The K-1 nonimmigrant visa is for the foreign-citizen fiancé of a United States citizen. The K-1 allows the foreign-citizen fiancé to travel to the United States and marry their U.S. citizen sponsor within 90 days of their arrival to the U.S. After the wedding, they must apply for an adjustment of status to a permanent resident (LPR) with the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS). However, the fiancé must meet some of the requirements for an immigrant visa. For eligible children of K-1 visa applicants, they receive K-2 visas.

The requirements for a K-1 state that the foreign-citizen fiancé and the U.S. citizen sponsor must have met in person within the past two years; however, the USCIS may grant an exception under certain circumstances. The fiancé and U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé with the USCIS office that serves the area where the couple lives.

The K-3 nonimmigrant visa is for the foreign-citizen spouse of the United States citizen. The purpose of this visa category is to shorten the physical separation between the U.S. citizen and the foreign-citizen spouses. It allows the non-citizen spouse to obtain a nonimmigrant K-3 visa overseas and enter into the United States as they await the approval of their immigrant visa petition. Once the non-citizen spouse receives the K-3 visa, they subsequently apply to adjust their status to a permanent resident (LPR) with the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS).

The K-3 visa petition must be filed by the U.S. citizen on behalf of their spouse. What's more, the approval of the K-3 visa will be dependent upon the non-citizen spouse meeting some requirements of the immigrant visa. Keep in mind that for marriages that took place outside of the U.S., the U.S. citizen must apply for the K-3 visa in the country where the marriage took place. Eligible children of K-3 visas receive K-4 visas.

How can a Daytona Beach immigration lawyer help you?

Immigration law is a complex area of law. Any error in the application process can cause a significant time delay in the issuance of a marriage visa. At Buckmaster & Ellzey, we devote a significant part of our practice to assisting our clients with immigration law issues. We are prepared to streamline the process for you so you can avoid any unnecessary time delays in the application process.

Need help with a marriage visa? Contact a Daytona Beach immigration law attorney from the firm to schedule your first consultation.