Fiancee Visa

Can I do this process on my own?

While it is possible to obtain a fiancé(e) visa without assistance, it can prove to be very difficult. You have to rely on information on the internet, which may be outdated as immigration laws and procedure are constantly changing. Using our law firm will be beneficial to you because we know the current regulations and we are familiar with the immigration process. Mistakes can make the process take longer and may result in your application being rejected. The processing time of your fiancé(e) visa depends on how fast the USCIS and the consulate take to review your Petition and it is normal for a case to take longer than usual to be processed because of backlogs. Because of this, we do not guarantee that we are able to expedite the processing of your fiancé(e) visa. Anybody who does would be misleading you. However, we understand that you want your fiancé(e) to be able to live here in a speedy fashion and hiring our firm will allow this to happen because we are familiar and knowledgeable of the current immigration processes and requirements.

Why retain an attorney?

Alternative visa services do not offer the same advantages that a law firm does. Other preparation services may be knowledgeable about completing the required paperwork, but as a law firm, we can offer sound legal advice. You are never quite sure with whom you are dealing, but attorneys have to follow the regulations of the state bar association. Therefore, other services may be engaging in the unauthorized practice of the law. Attorneys must adhere to the proper procedure at all times. Lastly, other services are not always cheaper and some even charge the same fees as a law firm. You could pay the same amount to a consulting service as you would to a law firm without access to legal experience and advice.

Can a K-1 visa be extended if I feel I’m not ready to get married?

The K-1 visa cannot be extended beyond the 90 day period. The visa is good for one entry into the United States within six months of its issuance. The visa is issued only when both parties are fully aware that they must marry within 90 days of the fiancée’s arrival in the United States. The fiancée visa will only be granted to an individual who takes an oath that he/she has the true intent to marry the U.S. citizen. Though you are not required to wed, the fiancée will be required to return to his/her country abroad if the marriage does not occur within the allocated time.

Do we have to file follow up paperwork after we are married?

While the K-1 visa is temporary, the foreign spouse can file for permanent residency after the couple weds.  The fiancée is granted permanent status for two years on a conditional basis. At the end of the two year period, the individual can apply for the conditional status to be removed in order to become a lawful permanent resident.

Can we get married abroad?

When filing for a K-1 visa, you must marry within the United States. If the marriage occurs overseas, you instead have to file a petition with the USCIS to bring your spouse to permanently live in the United States which entails a different process.

How long will it take to obtain a K-1 visa?

The process can vary in length according to each specific case. The length can differ due to the time it takes USCIS and the foreign consular to process the application. In addition, errors made by the petitioner or the fiancée can also postpone the process a great deal. It is important to properly file by making sure everything is correctly filled out and all the necessary documents are submitted.

Can my fianc(e)e’s children come to the United States?

Yes, your fianc(é)e’s children (unmarried and under 21 years old) are eligible to come to the U.S. under a K-2 visa. If approved, they may either accompany the fiancée or come within one year of the visa issuance. You must include of all your fiancée’s children as dependents in the application.

How can I check the status of my case?

You are able to check the status of your petition with the USCIS by calling the USCIS 800# or online. With your assigned number, known as a receipt number, you can check the status of your case using the USCIS website. The website posts the cases that they are currently processing which are worked on according to the date that the petition was filed.

Can anyone obtain a K-1 visa?

While U.S. citizens are able to petition for a K-1 visa for their fianc(é)e abroad, lawful permanent residents are not. In addition, there are exceptions regarding U.S. citizens filing for a petition. Such exceptions include applicants who have committed serious crimes, those likely to be a financial burden, illegal immigrants, those with serious mental illness that may be dangerous, and drug addicts.