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630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Getting a K1 Visa is an excellent option for couples separated by international borders but wishing to be together in the United States. This type of visa allows a foreign partner to enter the US with the intention of marrying a US citizen.

Upon marriage, the K1 beneficiary can pursue permanent legal residence through a green card. However, not all marriages work out, and in the unfortunate event of a divorce, the consequences for the individual holding a K1 Visa can be severe.

Understanding the process and how it affects your visa or green card is crucial. That’s why it’s essential to seek the guidance of a Naperville K1 Visa Attorney from Kasturi Law, LLC. They can assist you in navigating the complex immigration system and ensuring the best outcome for your unique situation.

What is the K1 Visa Process?


The K1 Visa process begins with a US citizen sponsor filing a petition with USCIS. Once the petition is approved, it is forwarded to the National Visa Center and then to the US Embassy, where the foreign partner resides. The next step involves the foreign partner submitting an application for a visa and the necessary documents, such as police certificates and a medical exam. Subsequently, the US Embassy or Consulate schedules an interview, after which the visa may be approved or denied.

Assuming the visa is approved, the individual can travel to the US and must marry within 90 days of entry. After getting married, the foreign partner can apply for a green card, which enables them to become a permanent resident. However, if the couple fails to marry within the 90-day window, the foreign partner must leave the US and cannot stay with a K1 Visa.

If you encounter any issues or concerns during the K1 Visa process, seeking the help of an experienced Immigration Attorney in Naperville can be beneficial. They can guide you through the intricate immigration system and ensure you achieve the best possible outcome for your situation.

When Did the Divorce Occur?

The timing of a divorce can significantly impact the consequences of the K1 to green card process. It is critical to understand the three possible points at which a divorce can occur during this process and how it can impact the immigration status of the foreign national spouse or K1 beneficiary.

  • The first point is after marriage but before the conditional green card is approved.
  • The second point is when the partner has a conditional green card but has not had the restrictions removed.
  • The final point is when all restrictions have been lifted from the green card.

Several factors can limit the impact of a divorce on the immigration process. To better understand these implications, it is best to consult with an Illinois Immigration Attorney who is experienced in this area. They can provide the necessary guidance and answer any questions you may have about the potential consequences of divorce on the K1 to green card process.

Consequences of Divorce During the Green Card Process

If the two parties are unable to resolve their issues before the application for the conditional green card is completed, the options available are limited. The conditional green card is a crucial document. If the foreign national spouse cannot file for a conditional green card, they have no legal right to remain in the US. The non-citizen must return to their home country. Seeking the help of a K1 Visa Attorney in Naperville can be beneficial during this difficult time.

On the other hand, if the non-citizen already possesses a conditional green card, the chances of obtaining a permanent green card are better. The process involves an immigration interview, during which the couple must demonstrate that their marriage was in good faith. It is critical to provide complete and accurate documentation to support the case. In this regard, consulting a Naperville Immigration Attorney can be immensely helpful in navigating the interview process and increasing the chances of success.

How an Immigration Attorney Can Help

Whether you are filing for a K1 Visa or facing a divorce while you have filed for a conditional green card, it’s best to contact our Naperville Visa Attorney. Kasturi Law, LLC is a Naperville Immigration Lawyer dedicated to helping you navigate this process and securing your path to becoming a legal permanent resident. Call us at 630-392-8101 to schedule a consultation so we can discuss the options available to you.