Request a Consultation With an Experienced Attorney
1-800-666-4996

K-1 and K-2 Visas

One out of every five people in Florida is an immigrant. While some enter the country on work visas, others have family members who make them eligible for entry. For select individuals, the best option is to seek a K-1 or K-2 visa. If you are a citizen of another country and have a fiance who is a U.S. citizen, you could benefit from this type of visa.

With K-1 and K-2 visas, families can come and stay together. Here at the Florida Immigration Law Counsel, we know that value of that. You can count on us to guide you through the process and handle all of your immigration needs.

What are K-1 and K-2 Visas?

K-1 visas are for the fiances of U.S. citizens. If the foreigner has no current immigration status, they can ask their fiance to petition for their entry to the country. Meanwhile, K-2 visas are for the children of the immigrant on the K-1 visa.

If the beneficiary of the visa wants to stay in the country, the K-1 visa holder and the U.S. citizen must marry within 30 days of the visa holder entering the U.S. Failing to do so makes the visa holder an unlawful immigrant.

Requirements for a K-2 Visa

The visa requirements for K-2s are more than just being a child of the K-1 visa beneficiary. The child must be under 21 and unmarried. Additionally, they must accompany the K-1 visa holder or follow them after their entry.

If the U.S. citizen of the fiance has convictions for sexual abuse, the family may not eligible for a K-1 visa. The only exceptions are for certain offenses or for those who receive a waiver from the Department of Homeland Security. These cases can be quite complex, so you should consult with a  family visa attorney to learn more.

The Application Process

The U.S. citizen must file the petition for a K-1 and K-2 visa. Before the K-1 visa holder enters the country, the petition is good for four months. It can be revalidated every four months as well. However, after several attempts, immigration officials may choose to deny the petition.

If approved, the citizen needs to file a form with the consulate. In the event that the citizen dies or withdraws the petition, the petition is no longer valid.

When Does the Government Deny a Petition?

It is possible for immigration officials to deny your petition. Typically, they will do this for one of the following reasons:

1. There is no belief that the couple intends to marry within 30 days of entry to the U.S.

You need to convince immigration officials that you plan on marrying within 30 days. However, you also need to prove to them that your marriage isn’t fraudulent. If they suspect that the marriage is a sham, they will deny your visa.

2. Legal complications would prevent the marriage from happening

If there are any laws that prevent the marriage from happening, the visa will not be granted. For instance, a 14-year-old cannot be a K-1 visa beneficiary in Florida. This is because the legal age for marriage is 16.

3. The couple has not met in person in the last two years

In most cases, immigrations services will deny a petition of the couple had not seen each other in the two years prior to filing the paperwork. But there are some exceptions to this. When there is hardship, the government may waive this requirement. Typically, this does not include financial hardship. Rather, it involves cultural or social challenges.

4. The petitioner did not disclose their criminal record

If the U.S. citizen committed certain criminal acts, they must report them. This includes restraining orders, domestic violence, sexual assault, child abuse, elder abuse, stalking, and some violent crimes.

Even an attempt to commit one of the above crimes must be reported. If the applicant fails to report them, the government could deny the petition.

Having convictions does not immediately disqualify you from petitioning for your fiance. After receiving your police and court records, the officials could decide to approve your petition. They might first notify your fiance of your convictions.

What Happens After the Approval?

While in the country on K-1 status, you are allowed to work. But first, you need to get an employment authorization document.

Once the couple marries, the K-1 visa holder can adjust their immigration status. If they do so within two years of the marriage, they can become a conditional permanent resident. Doing so two years after the marriage makes them eligible to be a lawful permanent resident.

In some situations, the marriage does not last. If a divorce happens before the immigrant can adjust their status, they may still be able to do so. This usually requires an Affidavit of Support from the original spouse who petitioned for the visa.

For K-2 beneficiaries, the process is similar. The visa holder can adjust their status with the K-1 beneficiary. This can depend on the age of the K-2 visa holder. For more information, you should speak with an expert on the matter.

It’s important to realize that all of this hinges on the marriage. If the marriage never happens, the visa holder cannot change their immigration status. For example, they cannot apply for a working visa. There are no extensions to the visa. Therefore, it’s crucial that marriage happens before the 90 day period passes.

Working with a Family Visa Attorney

The process of applying for a K1 and K2 visa can be overwhelming. One mistake could prevent you and your fiance from being together. For that reason, you should take all of the necessary precautions to prevent a bad outcome. This means working with an attorney.

Here at the Florida Immigration Law Counsel, we’ve helped many individuals with their immigration needs. We know what it takes to have a successful petition, and we’ll work hard to get you the best possible outcome. Contact us today to learn more.

“We’re Located Miramar, Florida”
Find Us

Testimonials

Saman was referred to me 5 years ago by a family friend who had used her services and was happy with them. When I contacted her, even though she was not my attorney yet, she did not hesitate to talk to me about my case. Later, as my marriage-based case progressed and became more complicated, she was able to help us through each step successfully. Our case got approved thanks to her! Also, my parents were selected in the DV lottery but with the new immigration complications and the fact that my family comes from one of the countries on the banned list, we have been concerned. However, she has managed to help us through their case as well. We appreciate Saman’s knowledge of the system, her availability, and her patience. I feel comfortable texting her at any time to ask her questions when I don’t have the chance to call or write an email. She is on top of it and responds to all of my questions thoroughly and promptly. Would definitely recommend her! Even if you are not sure you need an attorney I would give her a call

- Arvin

Saman is very helpful, my case was a little complicated, Saman gave the consultants very efficient, thanks Saman!

- Matt

I really appreciate the help from Saman. Her professionalism and knowledge helped me to get my case approved. I also appreciate her patience throughout the whole process as well and make sure I understand her approach for my case. Would definitely recommend her!

- Anonymous

Having to request the services of an Immigration Lawyer is a daunting experience. Saman has the most reassuring attitude, which instantly put me at ease. She and her staff are diligent in planning the appropriate course of action and executing it without delay. She is approachable, warm, knowledgeable, direct and genuine. To me, she is the modern face of Immigration lawyers! If you are reading those reviews here, look no further. Contact her. She'll help you.

- Anonymous

Her professionalism is excellent. She helped us through with patience and respect. Everything went smoothly. An important ally in an overwhelming process.

- Angela

Saman was very professional and thorough, she prepared me well for my interview and everything went smoothly.

- Jimmy

I am extremely happy to have had Saman guide us through an immigration case. She was extremely helpful and dedicated to our case; and ultimately, delivered great results. Would definitely recommend!

- Andrea

My partner won the diversity visa lotery and We werent married at the time. My wife and I filled the forms and we made a mistake. Saman helped us to fix our mistake and updated our case with the US office. She was kind and efficient with us. Thank you for your help Saman!

- Silverio

Excellent service and staff. Always responded and answered all of my questions right away.

- Franchescoli

My experience with Saman & her office was exceptional. Alba, the paralegal in her office was always a call or email away. Efficient in their responses made me at ease throughout the process. I would definitely recommend them to anyone!

- Kristal Garia-Augier

There is no better feeling than to be taken step by step though the overwhelming process of becoming an American Citizen with flawless professionalism and expert knowledge. Saman does this with perfection. She is patient, honest, organized, fast and very experienced. There is no question in my mind that I could not have done this with out Mrs. Saman Movassaghi and her outstanding firm. Thank you for taking me every step of the way

- Luis Kuri

Saman did an excellent job of streamlining the process of acquiring my green card. She not only did so in a prompt and professional manner, but she was there to answer any questions that came up during the process. I would highly recommend her to anyone!

- Ayelet Gilady

I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man . And she also help me with my dui charge so I am grateful to have mrs saman as my attorney she is the best and I will introduce my friend to her . So she can help her and her husband

- Orlando Smith

Trying to understand immigration laws of USA is one of the biggest challenges I have faced. Saman make it to me and my wife so simple that we change a complete stress and complicated scenario to a 1,2,3 process. I would highly recommend to anybody in need of immigration counseling to give themselves the opportunity of a very professional, honest and transparent guidance with Saman and her team.

- Santiago Gonzalez

My wife and I hired Saman to help us with a permanent residency application. My wife is a U.S citizen and I am Canadian. Right from the start she was very easy to deal with and schedule time with. I was in medical school and in the process of applying for residency. Saman was able to get me an Employment Authorization Document while awaiting my greencard, which meant that I was eligible to apply to significantly more programs because I would not require any visas. Also, during our in-person interview, the interview stated that he has been doing this for 21 years and has never seen anyone this well prepared. Because of this, we were asked very few questions and I was given my green card a week later. I would highly recommend you chose Saman for any and everything to do with immigration.

- Anonymous

It is with pleasure I would like to compliment the executive and legal staff of the Florida Immigration Law Counsel, for their kind, human and professional attention to our most recent process with the Government Immigration Services departments. In particular I would like to commend Saman Movassaghi on her highly detailed preparation of the process resulting in a trouble-free conclusion and the issuing of our required visas. I highly recommend the professional services of this Law Office and Saman for services related to Immigration and wish them well for the future.

- Virgil

We are very pleased with the experience we had with Saman. She guided us through a very cumbersome process and made it much less stressful. With her help we were able to obtain green cards for some of our employees. We would highly recommend her!

- Erin

Attorney Saman and Alba were so helpful! They helped me with the entire processing of getting my EAD card expedited. They were so patient and thorough. Words cannot describe my appreciation. If you’re looking for a reliable immigration attorney, please don’t look further.

- Rui

I am very happy to know that I was approve for my green card today thanks to her, and I love the way how she work to help me she make time and talk to me about my case and when I text she would always text me back on time and I most admit I was a little annoying but she put up with me and she did all my paperwork the right way and now I am a happy man

- Orlando

If your looking for and excellent immigration lawyer look know more, Saman Movassaghi is so great in her practice she just recently got my papers for me in less then a year , I really taught it want be possible , because of simple mistakes in the pass, but if she said she can do it , I would recommend any one not to hesitate and go with her she’s is awesome with a lovely staff , I thank u so much again

- Demico

Ms. Saman Movassaghi is the smartest, nicest and most talented attorney I have ever met. She is an exceptionally great immigration lawyer. She has handled my case with confidence, efficiency, effectiveness and professionalism. As I observe, she is truly dedicated to his clients and has shown genuine interest in helping them. Her answers are always thoughtful and accurate. She and her firm treat clients with care, honesty, respect, warmth and humility. My case was not easy, but I got approved my Green Card the end day of 2019! Thus, I highly recommend her for any legal work regarding Immigration proceedings.

- Amy Park

Saman and her team did an amazing job combing through my problematic history with the US visa and walked me through all the way until I received the visa ! After a decade and four denials ! The documents prepared by them were thorough and I came to the interview really prepared. Thanks again for the service and attention to detail !

- Reizel Roth

Great experience with this law firm! Very generous, enthusiastic, and stuck to their word.

- Margy Orozco

Really appreciated all the work and effort they put into my application. Very knowledgeable and friendly and did everything they could to help us.

- Lee Keyrouz

Saman and her staff were able to assist us in what we felt to be a difficult case which took over 9 months. I want to especially thank Lianette, one of Saman's paralegals, who was continuously diligent and handled the matter with a sense of urgency as if it was a personal matter for herself. If ever needed, we will definitely return. Thank you!

- Leti Betti

(Translated by Google) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us !! we are a super happy customers we strongly recommend her. Our experience with lawyer Saman Movassaghi as a representative was very positive and exceptional, a human person and with a lot of dedication to his work, always pending and accessible to any concerns of his clients, a person who knows what he does very smart and eagerly to solve as difficult as the case may be, I have plenty of words of thanks in the way she and her team handled our case. With professionalism and ethics., we will be forever grateful, I recommend it with closed eyes. Thank you!! (Original) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us!! we are a super happy customers we strongly recommend her. Nuestra experiencia con la abogada Saman Movassaghi como representante fue muy positiva y exepccional, una persona humana y con mucha dedicacion a su labor, siempre pendiente y accequible a cualquier inquietud de sus clientes, una persona que sabe lo que hace muy inteligente y con muchas ganas de solucionar por mas dificil que sea el caso, me sobran las palabras de agradecimiento en la forma como ella y su equipo llevaron nuestro caso. con profesionalismo y etica., estaremos por siempre agradecidos, la recomiendo con ojos cerrados. Gracias!!

- M Carvajal

Very friendly and knowledgeable staff. Will return if need be.

- Juan Echavarria

Saman and her team are very professional, warm and thorough. She used her vast knowledge to ensure my husband and I were well prepared for our interview. Interesting enough the immigration officer expressed how impressed he was with the packet and her knowledge— making for a smooth interview. Additionally, she is just a delight to work with and treated us with such kindness we thought we were only clients. I would recommend her services any day of the week. Can’t say thank you enough!

- Noelle Mcgeachy

If you want the best results, then Florida immigration Law Counsel is your way to go. Saman took all the time in the world to explain every detail about the Labor Cert/EB2 process plus her confidence in the process was unbelievable. She is extremely knowledgeable which automatically gave me so much confidence, because she knew what she was talking about. Saman and Lianette are super-fast to answer e-mails, are always available for calls and they explain everything in detail. Thanks to them my process had no set-backs, plus they always gave me great advise—they know their way around every situation, and their customer service is top of the line!

- Andres Guerra

Saman Movassaghi provided detailed and precise correct guidance on an immigration matter that my family and I were facing. Her communication and responsiveness is unparallel. I highly recommend hiring her to take care of all your immigration needs. I never expected her to be so in tuned with my situation and really care about the welfare of my family and I as much as she did. 5-Star Service.

- Jacob Rahamim
EnglishFrançaisItalianoRomânăEspañol