Visa for fiancé(e)s of US citizens

American citizens have the possibility to request an entry permit for their foreign fiancé(e)s. They can obtain this permit through the K-1 Visa, issued by the US Citizenship and Immigration Services (USCIS).

After the USCIS approves the K-1 Visa application, the couple must marry within 90 days after the fiancé(e) enters the US. One of the main requirements is that the couple must demonstrate that the marriage is reliable. With this, we mean that marriage cannot be, under any circumstances, only a way to obtain residence in the US.

If the K-1 Visa application receives a positive response and the couple marries within 90 days, the fiancé(e) may choose a path to obtain Legal Permanent Residence (LPR), also known as Green Card.

Do you need to start a visa process in the US? Our team of experts can guide you through your immigration journey.

Substantial delays in fiancé(e) visa processes

The arrival of the global Coronavirus pandemic forced governments around the world to implement emergency measures to mitigate the impact of the health crisis and protect the local health system.

In the case of the US, one of the measures of the Trump administration was to pause the issuance of visas around the country, except for some specific cases, such as visas that benefit the food supply chain.

Thus, the issuance of K-1 fiancé(e) visas is substantially behind schedule and hundreds of US citizens are calling on the Department of State (DOS) to restore the processing of these permits.

Feel free to contact Motion Law Immigration if you need to submit an application!

K-1 Visa applicants file a lawsuit

On Friday, September 18, 2020, more than 150 American citizens, along with their foreign fiancé(e)s, filed a lawsuit in a DC federal court, arguing that DOS and other branches of the Department of Homeland Security (DHS) are not processing K-1 Visa applications during the health crisis.

The plaintiffs argue that DOS is misinterpreting the presidential proclamations and is using them as an excuse to avoid issuing K-1 visas. In fact, they state: “Where nonimmigrant workers are permitted to receive visas and enter the U.S. subject to a national interest exception, and where visitors for pleasure are permitted to receive travel authorization and enter the U.S., this decision to exclude K visa applicants, the legal and practical equivalent of immediate relatives of U.S. citizens, is arbitrary and capricious, and contrary to law.”

They also argue that emergency measures implemented by the Trump administration during the health crisis are intended to protect the well-being of the American population and, therefore, deny them the opportunity to share with their beloved ones contradicts this premise.

Do you need help with an immigration case?

Some immigration processes have changed considerably during the current juncture. Therefore, we recommend for you to seek reliable help from experts, who can guide you towards the success of your immigration application.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.