Serving Charlotte, NC
The K-1 visa is for a fiancé or fiancée of an American citizen. To receive a K-1 visa, an applicant must submit an I-129F petition. If a K-1 visa is granted, the K-1 visa holder and the U.S. citizens are required to get married within 90 days after the K-1 visa holder has entered the U.S. After the marriage, an adjustment of status application must be filed by the alien fiancé / fiancée. The alien fiancé / fiancée can only adjust status based on marriage to the U.S. citizen who filed the I-129F petition.
We also assist clients with applications for the K-2 visa. The K-2 visa is for children of K-1 visa holders. For the children to be eligible, they must be under 21 years of age and unmarried.
U.S. citizens who have not yet married their fiancé / fiancée can file a fiancé / fiancée visa petition on their behalf. The couple must however have met in person within the previous two years prior to filing the petition.
To apply for this category of visa, a Petition must be filed by the U.S. citizen petitioner (Green Card holders can not file for a fiancée). The Petition is filed with the appropriate USCIS Service Center having jurisdiction over the State of residency of the U.S. citizen petitioner.
Upon approval of the petition by the USCIS, the foreign fiancé / fiancée visa application must be filed which will include an affidavit of support, tax returns, and financial documentation. Thereafter, the fiancé / fiancée will attend an interview at the consulate for issuance of the fiancé / fiancée visa.
Once the fiancé / fiancée enters the United States, the marriage must take place within 90 days of entry. If the marriage does not take place within 90 days the fiancé / fiancée may have to depart the United States.
The Bentsi-Enchill Law Firm PLLC will help you with all your visa requirements. We can provide representation to foreign nationals and U.S. visitors regarding the K-1 visa, H-1b visa, J-1 visa program and the process of transitioning from a J-1 to another visa.
J-1 visas are intended to be short-term visas for visitors doing short-term work or educational or cultural exchange. Foreign nationals who come to the United States to work in home health care frequently use the J-1 visa.
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Under standard U.S. immigration law, certain J-1 visa holders must return to their home countries for two years when the status expires. This is known as the two-year foreign residence requirement, and it prevents many J-1 workers from changing their status from a J-1 worker to a longer term H-1B status.
It is, however, possible for a J-1 visa holder to obtain a waiver of the foreign residence requirement. This is an area of immigration law that the professionals at The Bentsi-Enchill Law Firm PLLC work in very frequently. We have filed numerous successful applications for J-1 visa foreign residence requirement waivers based on one of five possible circumstances:
The H-1B program allows a U.S. employer to employ a foreign national in the U.S. on a temporary nonimmigrant basis in a specialty occupation. A specialty occupation is defined as a position that requires the theoretical and practical application of a body of specialized knowledge. The employee must have a bachelor's degree or foreign equivalent in the specific specialty e.g., engineering, mathematics, physical sciences, computer sciences, architecture, accounting, law etc.
How do you get an approval?
An approved H-1B visa will be valid for up to three years. However, a foreign worker can be in H-1B status for a continuous period of up to six years. Once the H-1B expires, the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved. Certain foreign workers with labor certification applications or immigrant visa petitions (“Green Card” applications) in process for 365 days or longer may stay in the United States in H-1B status beyond the normal six-year limit, in one-year increments (or three years under certain circumstances such as an approved I-140 with a priority date that is not current).
The H-1B nonimmigrant visa is a temporary work visa. It is a dual intent visa; an H-1B visa holder may seek a green card (permanent resident card). Immediate family members, including a spouse or child under 21, of an H-1B visa holder may seek an H-4 visa to allow them to live in the United States. H-4 visa holders may now obtain paid employment while in H-4 status.
Petition for H-1B Visa
Employers seeking to bring a worker to the U.S. through an H-1B visa must submit a petition to the United States Citizenship and Immigration Services (USCIS). Prior to filing the petition with the USCIS, the employer must file a labor condition application (LCA) with the Department of Labor. A certified LCA must be included with the H-1B petition filed with the USCIS. Contact our Charlotte, NC office today for thorough visa assistance.
A no objection statement from your home government.
A request from an interested U.S. government agency on your behalf.
A claim that you will be persecuted if you return to your country of residence.
A claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your home country.
A request from a state public health department, or its equivalent, on your behalf. This option only applies to foreign medical graduates who obtained J-1 status for graduate medical training or education.