K1 Visa Attorney in Raleigh

Your Trusted Partner for a Smooth K1 Visa Process

E. A. Wood Law Firm represents U.S. citizens in Raleigh seeking to bring foreign fiancé(e)s to the United States through the K-1 visa process. The K-1 nonimmigrant visa allows your fiancé(e) to enter the country for the purpose of marriage, with the requirement that the marriage take place within 90 days of arrival. 

Understanding North Carolina marriage laws becomes essential once your fiancé(e) arrives on a K-1 visa. You must marry within the 90-day validity period, obtain a marriage license from the Wake County Register of Deeds, and then immediately begin the adjustment of status application to secure your spouse's green card. 

Beginning your life together should be a time of excitement, not uncertainty. If you are a U.S. citizen in Raleigh engaged to a foreign national, understanding the K-1 visa process is your first step. We invite you to learn more about how E. A. Wood Law Firm can assist you.

To schedule a consultation with a K-1 visa lawyer in Raleigh, please complete our online contact form or call us at (800) 611-0821.

Our Methodical Approach to Your K-1 Fiancé(e) Visa Petition

The journey to obtaining a K-1 visa involves several distinct stages, each with its own set of requirements and potential challenges. At E. A. Wood Law Firm, we have developed a structured approach to managing K-1 visa cases for our Raleigh clients. We focus on meticulous preparation and clear communication to guide you from the initial petition to your fiancé(e)'s arrival in the United States. Our process is designed to address all legal and procedural aspects of the application, allowing you to focus on planning your future together.

Our legal services for K-1 visas include:

• Initial Eligibility Assessment: We begin with a comprehensive review of your situation to confirm that you and your fiancé(e) meet all the eligibility criteria for the K-1 visa. This includes verifying the U.S. citizen petitioner's status, ensuring you have met in person within the last two years, and confirming your intent to marry within 90 days of your fiancé(e)'s arrival.
• Petition Preparation (Form I-129F): The first official step is filing the Petition for Alien Fiancé(e), Form I-129F, with USCIS. E. A. Wood Law Firm assists in gathering and organizing the extensive supporting evidence required, such as proof of your relationship, evidence of having met in person, and declarations of your intent to marry. We prepare the petition package to present a clear and compelling case.
• National Visa Center (NVC) Processing: Once USCIS approves the I-129F petition, the case is transferred to the National Visa Center. We manage the NVC stage, which involves submitting the required forms and paying the necessary fees. We ensure all information is correctly submitted to avoid delays in scheduling the consular interview.
• Consular Interview Preparation: The interview at a U.S. embassy or consulate abroad is a critical step for your fiancé(e). E. A. Wood Law Firm provides detailed guidance on what to expect during the interview, the types of questions that may be asked, and the documents that must be presented. We work to prepare your fiancé(e) to confidently and accurately answer all inquiries from the consular officer.

Post-Arrival Guidance: After the K-1 visa is issued and your fiancé(e) arrives in Raleigh, the 90-day timeline to marry begins. We provide counsel on obtaining a marriage license in Wake County and the subsequent steps required, including the crucial process of applying for an adjustment of status to become a lawful permanent resident.

Key Eligibility Requirements for the K-1 Visa

To successfully petition for a K-1 visa, the U.S. citizen petitioner and their foreign fiancé(e) must meet a specific set of criteria established by U.S. immigration law. At E. A. Wood Law Firm, we work with Raleigh couples to ensure they meet and can properly document each of these requirements.

Requirements for the U.S. Citizen Petitioner:

• You must be a U.S. citizen. Lawful permanent residents (Green Card holders) are not eligible to petition for a fiancé(e) visa.
• You and your fiancé(e) must be legally free to marry. This means any previous marriages for either party must have been legally terminated through divorce, death, or annulment.
• You must intend to marry your fiancé(e) within 90 days of their entry into the United States.
• You must have physically met your fiancé(e) in person at least once within the two years prior to filing the petition. There are very limited exceptions to this rule, such as for extreme hardship or cultural customs.
• You must meet certain income requirements to show that you can financially support your fiancé(e). This is demonstrated by filing an Affidavit of Support (Form I-864) during the later stages of the process.

Requirements for the Foreign Fiancé(e):

• The foreign fiancé(e) must be legally free to marry.
• They must intend to marry the U.S. citizen petitioner within 90 days of arriving in the U.S.
• They must undergo a medical examination and be found admissible to the United States.
• They must not have certain criminal convictions or immigration violations that would make them inadmissible.

E. A. Wood Law Firm helps clients compile the necessary evidence to satisfy each of these points, from proof of U.S. citizenship to documentation of your relationship and in-person meetings.

From Fiancé(e) Visa to Green Card: The Adjustment of Status Process in Raleigh

Receiving the K-1 visa and having your fiancé(e) arrive in Raleigh is a major milestone, but it is not the end of the immigration process. After you marry within the required 90-day period, the next critical step is for your new spouse to apply for an Adjustment of Status to become a lawful permanent resident (Green Card holder).

This process is handled locally through the USCIS Raleigh field office. At E. A. Wood Law Firm, we provide comprehensive legal support for this phase, ensuring a smooth transition from K-1 visa holder to permanent resident.

The adjustment of status application involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. This is a detailed application that must be submitted with extensive supporting documentation, including:

• Your official marriage certificate from Wake County or the county where you were married.
• A new Affidavit of Support (Form I-864) from the U.S. citizen spouse.
• The results of a new medical examination conducted by a USCIS-approved civil surgeon in the Raleigh area.
• Applications for work authorization (Form I-765) and advance parole/travel permission (Form I-131), which can be filed concurrently.

Once the application is filed, your spouse will be scheduled for a biometrics appointment at a local Application Support Center. Later, you will both be required to attend an adjustment of status interview at the USCIS Raleigh office. An immigration officer will review your application and ask questions to confirm the authenticity of your marriage. E. A. Wood Law Firm prepares clients for this interview, ensuring you are ready to present your case clearly and effectively. Upon approval, your spouse will receive a conditional two-year Green Card.

FAQs

How long does the K-1 visa process typically take for applicants in Raleigh?

Processing times for K-1 visas can fluctuate based on the caseloads at USCIS, the National Visa Center, and the specific U.S. embassy or consulate. The entire process, from filing the initial I-129F petition to the visa interview, can take many months to over a year. A K-1 visa attorney in Raleigh can provide you with the most current processing time estimates based on recent agency data.

Can my fiancé(e) work after arriving in Raleigh on a K1 visa?

No, a K-1 visa holder is not automatically authorized to work upon arrival. They must first apply for work authorization. This is typically done by filing Form I-765, Application for Employment Authorization, at the same time as the Form I-485 for adjustment of status after you are married. The work permit is usually issued a few months after the applications are filed.

What happens if we don't get married within the 90-day period?

The K-1 visa is strictly tied to the condition that you marry the petitioning U.S. citizen within 90 days of entry. If you do not marry within this timeframe, your fiancé(e) will fall out of legal status and will be required to depart the United States. There are no extensions to the 90-day period.

We met online. Does this satisfy the requirement of having met in person?

While meeting online is common, it does not satisfy the legal requirement of having physically met in person within the two years before filing the petition. You must be able to provide evidence of a physical meeting, such as photographs together, airline tickets, and passport stamps.

Does my income affect my K1 petition?

The U.S. petitioner must meet income requirements above the federal poverty guideline. We help assemble financial documentation to demonstrate eligibility and address any issues if your income is close to the minimum.

Begin Your Journey Together with Confidence

The K-1 visa process is the first step in a long and rewarding journey of building a life together in the United States. Navigating the legal requirements with a clear and organized approach can make a significant difference. At E. A. Wood Law Firm, we are here to provide the legal framework and support you need to move through this process. We will work with you to prepare a thorough and well-documented petition and guide you through each subsequent stage.

Connect with a Raleigh K-1 Visa Lawyer Today

Take the first step toward bringing your fiancé(e) to Raleigh. At E. A. Wood Law Firm, we provide focused legal services for couples pursuing the K-1 visa path. We are prepared to assist you with the detailed requirements of the immigration process, from the initial petition to the final adjustment of status. 

To schedule a confidential consultation to discuss your specific situation and learn how we can assist you, please call our office at (800) 611-0821 or complete our online contact form.