Gafner Law Firm has a full-service immigration practice that provides prompt, cost-effective representation in all aspects of immigration law, including employment-based immigration, family-based immigration, investor immigration, I-9 compliance, and asylum and removal proceedings. A New York City Immigration Law Firm, it assists clients from throughout the United States and the world.

Whether you are an academic researcher, spouse, actor, fiance(e), medical physician, investor, professor, scientist, business person, athlete or relative – an immigration lawyer can assist you. Whether you are inside or outside of the United States, a New York City immigration lawyer can help obtain your immigration goals.

Immigrants have always been a foundation of American society and Gafner Law Firm is proud, and humbled, to help new immigrants assimilate into the United States. The firm is keenly aware that immigrants strengthen the nation’s economy and culture, and that America’s goodwill is improved by welcoming foreign nationals into the United States.

Gafner Law Firm’s office is conveniently located in Midtown Manhattan and is directly north of New York’s Penn Station and Madison Square Garden. The firm’s office, at One Penn Plaza, is a short walking distance from the 1, 2, 3, A, C, E, D, F, N, Q, R, V and W subway lines. Additionally, the office is easily reached by using the New Jersey PATH train and by entering New York City through the Lincoln Tunnel.

Have a NYC immigration lawyer help resolve your immigration concerns. If you have any questions, please do not hesitate to call: 646.571.8472.

Each week, Gafner Law Firm provides insight into a specific topic of immigration.  For previous discussions, please visit the immigration resources section of the website.  If you would like to suggest a topic, please contact Gafner Law Firm.

Can a U.S. Citizen File a K-1 Visa While Fiance(e) is in United States?

Often, when a U.S. citizen and his or her foreign national lover become engaged, the foreign national is already in the United States.  Often the foreign national fiance(e) is on a short one or two month long visit to see the U.S. citizen before needing to return to his or her home country to continue work or study.   When the engagement happens and the foreign national doesn’t need to leave the country for a few months, the question often comes up – can the U.S. citizen and foreign national fiance(e) apply for the K-1 fiancee visa while the foreign national is in the United States? The engaged couple realizes that the K-1 process takes many months to complete, and the couple doesn’t want to waste a few months of application time while the foreign national is in the United States visiting.

So, can a U.S. citizen file a K-1 fiance(e) visa petition while the foreign national fiance(e) is still in the United States?

Yes, generally speaking, the K-1 visa application can be filed by the U.S. citizen while the foreign national fiance(e) is in the United States on a visit.   A couple will not need to wait to file the K-1 application just because the foreign national fiance(e) is in the country.  Once the K-1 visa is filed, the foreign national will be able to continue his or her visit in the United States before returning to his or her home country.  Once the foreign national leaves the United States, the couple will be separated for at least a few months while the K-1 visa is being processed.  Nevertheless, the separation will be shorter and, if all goes well, a K-1 visa will be completed quickly and the couple will be able to be married as soon as the foreign national returns to the US in K-1 status.

If you have any questions about the K-1 fiancee visa, please do not hesitate to call or contact a NYC K-1 fiancee visa lawyer.