A K-1 visa allows you to bring your foreign fiancé into the United States to marry them.

How do you qualify for one?

You can petition the government for a K-1 visa if: you are a U.S. citizen; who can legally marry your fiancé; you intend to be married within 90 days of your fiancé’s entry into the country; you have met in person within the last two years unless you can establish either that doing so would violate your fiancé’s cultural practices and you intend to follow them, or meeting in person would cause extreme hardship.

What is the application process?

First you file a Form I-129F, Petition for Alien Fiancé(e); if accepted by USCIS it will be sent to the National Visa Center, who will assign a case number and send it to the U.S. embassy or consulate where your fiancé lives. Your fiancé will then need to bring the appropriate paperwork and fee to their visa interview. Additional information and documentation may be required later. Once a decision is made whether to grant a visa, your fiancé will be notified and if granted your fiancé will be inspected by Customs Border Patrol at a port of entry. After entry you can marry. After marriage (within 90 days) apply for an adjustment of status for your spouse.

How long does this process take?

Processing time varies based on how many visa petitions and applications the government is handling.

If USCIS approves your Form I-129F, there is a four-month period when your fiancé can apply for a visa, and if a K-1 visa is issued your fiancé has six months to enter the country. Upon your fiancé’s entry, you have 90 days to marry.

What could disqualify you?

You or your fiancé could face the rejection of your petition for many reasons including: incomplete or inaccurate documents, criminal background, suspicion of marriage fraud, inability to prove capacity for financial support, improperly terminated marriage or inability to prove legal termination, failure to undergo medical exam or not using an authorized panel physician.

What happens after getting married?

 If married within the required 90-day period you must apply for a change of status for your spouse by filing a Form I-485, Application to Register Permanent Residence or Adjust Status; after a review of your application and a (probable) interview your petition may be approved. If your petition is approved within less than two years of your marriage your spouse will receive Conditional Permanent Residence status for two years and will need to file a Form I-751, Petition to Remove Conditions on Residence within 90 days of its expiration.

What happens to your fiancé’s children?

 Any unmarried children under the age of 21 may be eligible for K-2 visas if you include them on the Form I-129F; they must still be under 21 and unmarried in order to enter the country and must enter with or after their parent. If married within the 90-day period, your stepchildren may receive Green Cards through separately filed Form I-485s, which must be filed along with or after your spouse’s.

For answers to your personal questions regarding fiancé visas, please schedule an appointment with our office.

 The Violence Against Women Act (VAWA) was created by the VAWA of 1994 to allow  battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses (LPR) parents or children to sponsor their Adjustment of Status (Form I-485) applications. Because threatening their victims with deportation through withdrawal of sponsorship is such a powerful tool for abusers, VAWA self-petitions help make escape possible for victims since they no longer need to choose between leaving the United States or continued abuse.

Do I need to be a woman to benefit?

 No. Despite their name containing the word ‘Women’ VAWA self-petitions are gender neutral.

How do I qualify for one?

 You are eligible if you or your children are the victim(s) of battery or extreme cruelty committed by a U.S. citizen spouse, former spouse, parent, or 21+ year old child; or a LPR spouse, former spouse, or parent. You must also be a person of good moral character, have resided with your abuser, and if married you must not have done so solely for immigration benefits.

What is the application process?

 You must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant to apply for classification as a VAWA self-petitioner. A Form I-360 will not grant you a permanent status, so you’ll need to file a Form I-485, Application to Register Permanent Residence or Adjust Status after your Form I-360 is approved.

How long does this process take?

This varies widely based on numerous factors, such as the time it will take USCIS to vet the evidence establishing your relationship to your abuser and the proof of battery or extreme cruelty you provide.

Can I use a VAWA self-petition with other forms?

Yes. Other forms have provisions for VAWA self-petitioners such as the Form I-601, Application for Waiver on Grounds of Inadmissibility. Other provisions also exist besides VAWA self-petitions. Victims of domestic abuse by nonimmigrants can seek relief through forms such as U-Visa, or get a work permit with the Form I-765V, Application for Employment Authorization of Abused Nonimmigrant Spouse, and other support is available to abuse victims.

For answers to your personal questions regarding your VAWA, please schedule an appointment with our office.

An Employment Authorization Document (EAD) allows you to legally work in the United States, temporarily. They are also known as a “work permit”. An EAD will not grant you legal status by itself, you must also have some form of legal status allowing you to be in the United States.

How do you qualify for an EAD?

 An EAD is necessary if you have a legal status that doesn’t allow you to work in the United States. A Green Card holder is automatically authorized to work in the United States and will not need to apply.

There are many different immigration categories you could qualify under when you apply, all with further sub-categories:

• Asylee/Refugee
• Nationality
• Foreign Student
• Dependents of Employees of Diplomatic Missions, International Organizations, or NATO
• Employment-Based Nonimmigrant
• Family-Based NonimmigrantUnitedAdjustment of Status
• Other

What is the application process?

You will need to fill out a Form I-765, Application for Employment Authorization, and send it to United States Citizenship and Immigration Services (USCIS)  along with all the additional required documents and filing fee. What documents you are required to file will vary based on factors such as your immigration category and whether you are applying for an EAD or renewing one.  It is important to review the instructions on the form I-765 which can be found on the USCIS website by clicking on the following link: https://www.uscis.gov/I-765

Once USCIS receives your Form I-765 they will send you: a receipt confirming they have your application, notices for a biometric services (fingerprints) appointment and/or an interview (if required) and notice of their decision.

How long does this process take?

Because of the many different immigration categories, it is difficult to say how long you will have to wait for a decision on your application. Some immigration categories allow you to file a Form I-765 concurrently with another petition, others have a waiting period before you can file a Form I-765. If requested, you should receive your Social Security Number (SSN) card within seven business days of your EAD or contact the social security administration office.

For answers to your personal questions regarding EADs, please schedule an appointment with our office.