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550 E. Devon Avenue, Suite 160, Itasca, IL 60143

DuPage County Fiancé Visa Attorney

Schaumburg Fiance Visa Attorney

Immigration Lawyer in Itasca for Marriage-Related Visas

If you are a citizen of the United States who is engaged to be married to a foreign national, you probably have many questions about how to proceed. You might be wondering if you should get married outside of the U.S. first then attempt to bring your new spouse into the country or if you should facilitate legal entry for your fiancé before the marriage takes place. While both options are technically permissible under current U.S. immigration laws, the latter is often much easier and faster thanks to the fiancé visa system that has been put in place.

At Ana M. Mencini & Associates, P.C., our attorneys have nearly two decades of experience helping clients with their most pressing immigration concerns. As the daughter of a Colombian immigrant, Attorney Ana M. Mencini understands the challenges that immigrant families face. She and her team are equipped to assist you in obtaining a fiancé visa for your future spouse so that you can begin your life together in the United States.

Understanding K-1 Visas

The K-1 visa is officially a non-immigrant visa that is intended to facilitate a marriage between a current U.S. citizen and a foreign fiancé(e). Therefore, the K-1 visa is commonly known as the fiancé visa. There are several requirements that you must meet in order to obtain a fiancé visa:

  • You must be a U.S. citizen;
  • With very rare exceptions, you and your fiancé must have met in person within two years prior to your application;
  • You and your fiancé must be legally able to get married, meaning that you both must be single or previously divorced; and
  • You must have serious intentions to get married within 90 days of your fiancé's entry into the United States.

It is also very important that you can show that you and your spouse truly wish to build a life together and are not just getting married for immigration benefits. 

Assuming that your fiancé is granted a K-1 visa and the marriage is finalized within 90 days of his or arrival, your spouse must then file for permanent resident status (green card) before the 90 days expire. Failure to do so could result in your spouse being forced to leave the country.

Illinois Lawyers Helping You Understand Your Options

At Ana M. Mencini & Associates, P.C., we realize that there are many ways for a single person to seek legal entry into the United States. For example, a person could apply for a tourist visa and while in the U.S. on the tourist visa decide to marry a U.S. citizen. There are two primary problems with such a scenario. First, it is often very difficult for a single person in most countries to get a tourist visa to enter the United States.

Perhaps more importantly, if you married a person who entered the country on a tourist visa, there is a good chance that United States Citizenship and Immigration Services (USCIS) would take a hard look at your case for possible visa fraud. Misrepresenting why a person wishes to come to the U.S. is grounds for the denial of a green card and could lead to deportation proceedings.

In most cases, obtaining a K-1 visa is also faster and more efficient than marrying your fiancé outside the United States and obtaining a CR-1 marriage visa to allow your new spouse entry. Thus, you would be likely to spend long periods apart after your marriage. A K-1 visa is more likely to help you and your fiancé begin your life together sooner than might be the case with other options.

Call 630-875-1700 for Help

If you have questions about the process of obtaining a fiancé visa for your future spouse, contact our office. Call 630-875-1700 for a reduced cost consultation with an experienced immigration attorney at Ana M. Mencini & Associates, P.C. today. Our firm serves clients in Itasca, Addison, Wood Dale, Bensenville, Bloomingdale, Roselle, Rolling Meadows, Schaumburg, DuPage County, Cook County, and the rest of Northern Illinois.

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