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Applying for a St. Louis K-visa can be a long and complex process, therefore, you may benefit from seeking the services of a well-trained lawyer. An experienced attorney could guide you through the application process to help ensure that you have the best opportunity for a successful application. If you are looking at applying for a St. Louis K-visa, reach out to a seasoned K-visa attorney today.

What is an I-129 Form?

When applying for a St. Louis K-visa, an I-129 form must be filled out. The U.S. citizen must use the I-129F Petition for Alien Fiancé(e) form to file for an immigration benefit for their fiancé(e). They must demonstrate that they and their fiancé(e) have been in each other’s physical presence at some point in the last two years. Immigration Services wants to make sure that the person and their intended spouse met face-to-face at some point in the two years before they file for the fiancé(e) visa. The U.S. citizen needs to make sure that Immigration Services believes the couple will be married within 90 days of the arrival of the foreign fiancé(e) in the United States.

Documents Needed to Apply for a K-Visa

When applying for a St. Louis K-visa, the couple needs identifying documents for both the U.S. citizen and the foreign fiancé(e). They need birth certificates and identity documents like passports and driver’s licenses. The two should complete the I-129F form and submit the supporting documents, which are the statement of intent to marry within 90 days of arrival and proof that the couple has been in each other’s physical presence. This includes travel receipts, tickets, hotel room receipts, and pictures of the couple together.

The couple needs to demonstrate that the U.S. citizen and the foreign-born spouse were in the same place at the same time at some point in the previous two years. Previously, a couple could be approved in two or three months but, currently, they take six or seven months because of backlogs at Immigration Services. Once the I-129F is approved, the process moves along quickly.

How a fiancé(e) Obtains Permanent Resident Status

Once the fiancé(e) arrives in the United States and gets married to the U.S. citizen, they need to submit a second application with Immigration Services. At this point, the foreign spouse applies for adjustment of status. They complete and submit the I-45 application to adjust status to that of a lawful permanent resident, and may apply for temporary work and travel cards.

The foreign spouse must demonstrate to Immigration services that they are a good person, their marriage is valid, and they are deserving of the change to lawful permanent resident status. Previously, these cases were approved without an interview. Currently, more cases require an interview. After getting married, the couple has an interview at Immigration Services so a determination can be made about whether the foreign-born spouse is worthy of and eligible for the green card.

Roadblocks That a Couple May Face When Applying For a K-Visa

Fiancé(e) immigration cases are interesting in that there are many moving parts. Often, a couple is greatly concerned about when they could have their wedding, or the foreign-born spouse is concerned about being able to keep their job if possible. Fiancé(e) visas can be tricky because there are many real-world considerations that are not necessarily there in the spouse scenario.

When there is not much evidence of the relationship, sometimes Immigration Services or the State Department may view an actual marriage case as stronger than a fiancé(e) case. Sometimes an attorney may recommend to the two individuals that they get married. There may be problems with a fiancé(e) case when the parties have not submitted evidence of having been in each other’s physical presence in the last two years or they did not submit statements that make it clear they intend to marry upon the arrival of the foreign spouse in the United States. To avoid some of the roadblocks associated with applying for a St. Louis K-visa, contact a dedicated immigration attorney.

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