what can immigration lawyer do in fiance visa

by Ms. Letha Kemmer III 7 min read

A Fiancé and Marriage Visa Lawyer can help you decide which type of marriage or fiancé visa is best for you and your spouse or fiancé. Further, because of their experience and expertise, they can make sure that all the correct paperwork and evidence is filed to prevent any delays in your case and ensure you have the highest chance of approval.

Your attorney can help you with the process, which involves filling out and filing forms with U.S. Citizenship and Immigration Services. When your spouse receives a green card, it will be considered conditional. That means your spouse must meet certain requirements to keep his or her lawful permanent resident status.

Full Answer

What are the requirements to become an immigration lawyer?

  • A high level of organization
  • Calm and pleasant demeanor under stressful conditions
  • Attention to detail
  • Ability to navigate complicated legal processes

How to find an excellent immigration lawyer?

These situations include:

  • Prior denials of immigration applications
  • Previous deportations or prohibited entry into the United States
  • Medical Conditions
  • Delays in the application process or complications with employment-based visas
  • Adjustments to residential status, for example, applying for permanent residency.
  • Any and all criminal convictions

What documents are needed for a fiance visa?

Preparing Documents to Accompany Form I-129F Fiancé Visa Petition

  • Sample FiancĂ© Meeting Statement to Accompany I-129F. ...
  • Supplying Proof That the Two of You Have Met in Person. ...
  • If You Haven't Met in Person, Proof That You Qualify for an Exception. ...
  • Proof That You Truly Intend to Marry. ...
  • Proof That You Are Legally Able to Marry. ...
  • Additional Items to Accompany I-129F FiancĂ© Petition. ...
  • Document Requirements If U.S. ...

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What is the average cost of an immigration attorney?

The most expensive option is not always the best one and cheaper doesn’t necessarily mean lower quality. Immigration lawyers typically charge between $100 and $250 for a detailed consultation and many credit this to legal fees should you choose to hire them.

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Can a lawyer help with a K-1 visa?

Once officially married, your k1 visa attorney can help you apply for a Green Card using Form I-485, Application to Register Permanent Residence or Adjust Status.

Can an immigrant petition a fiancé?

The only way to petition for a fiancé visa is if one partner in the relationship is a U.S. citizen and the other is a foreign national. You need to be a U.S. citizen and not a U.S. permanent resident.

Do fiancé visas get denied?

There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.

How long does a fiancé visa take 2020?

It takes 10-13 months on average (as of April 2022) for U.S. Citizenship and Immigration Services (USCIS) to process Form I-129F (technically called the “Petition for Alien Fiancé”), and an additional 3-4 weeks to receive instructions from the National Visa Center (NVC) to continue the process.

Do you have to be engaged to apply for a fiancé visa?

Do you have to be engaged to apply for a K-1 fiancé visa? Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance's arrival in the US.

Which is faster fiancé visa or spouse?

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

Is a fiancé visa hard to get?

While the K1 visa application may be difficult, the overall process and approval can be made faster and easier with the assistance of a capable legal representative.

Is there an interview for fiancé visa?

An interview is an essential part of obtaining virtually any nonimmigrant visa for entry to the United States. But K-1 fiancé visa interview questions dive deeper into your history and long-term intentions. They can even seem a little personal.

How long does fiancé visa take 2021?

Regarding the K1 visa processing time, it takes about 8 months to 1 year to get your K1 visa. Once you are in the United States on your K1 visa, it takes about another 7 to 9 months to get your green card and become a permanent resident.

How much money do you have to make to sponsor a K-1 visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...

How much does a fiancé visa cost?

Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.

What documents are needed for a fiancé visa?

The documents you'll need for your fiancé(e) visa applicationProof of citizenship for the U.S. citizen fiancé(e)Copy of sponsored fiancé(e)'s passport.Evidence of terminated marriages, where needed.Proof of meeting within 2 years of applying.Evidence of legal name change, where applicable.More items...

What to do after fiance pays visa fee?

After your fiance pays the Visa Fee and an interview is scheduled, Your fiance visa lawyer will prepare the fiance for the interview. Your fiance will then do their medical examination and attend the interview.

How long does it take for USCIS to approve a visa application?

Generally, 5-9 months after the filing of the Visa Application, USCIS will approve the case. Sometimes, before the approval, USCIS may ask additional questions about the relationship. This is called a request for evidence.

How long does it take for a spouse to marry you?

Embassy will issue the Visa and return the passport to your Fiance. After such time, your Fiance must enter the United States and then must marry you within 90 days of entering.

Marriage Visa, Fiancé Visa or K-3 Visa verses Adjustment of Status: Which One Should You File?

There are several different ways to file to bring your fiancé or spouse to Miami, Florida, or wherever you live in the United States. Many of our clients ask which is the best way to file, and it always depends on your circumstances and goals.

Marriage Visa (CR-1 or IR-1)

A Marriage Visa or CR-1 or IR-1 visa is a spousal visa that is achieved by a two-step process while the foreign national spouse is abroad. The first step is a family petition or I-130 filed by the US Citizen (USC) or Lawful Permanent (LPR) spouse for their foreign spouse that proves that the relationship is legitimate.

Fiancé Visa (K-1)

A fiancé visa or K1 visa is a visa filed by an LPR or USC fiancé for their foreign future spouse before they are married. The process is to file the I-129F, and later complete Consular Processing after the case is approved.

K-3 Spousal Visa

The K-3 Spousal Visa is a hybrid between the K1 Fiancé Visa and the CR-1 or IR-1 Marriage Visa, in that it permits a Marriage visa to be expedited to the same speed as a Fiancé visa. This visa is only available to spouses of US Citizens, not Lawful Permanent Residents.

Adjustment of Status

Another Option for US Citizens or LPRs who want to bring their fiancé or spouse to the United States is to apply for Adjustment of Status after their significant other has entered the United States through a different non-immigrant visa, like a B1/B2 Tourist Visa, F1 Student Visa, an Employment visa or the ESTA program.

What is a K-1 Fiancé and Marriage Visa Lawyer?

A Fiancé and Marriage Visa Lawyer is an immigration lawyer who focuses on the Family side of Immigration Law and knows the ins and outs of immigration law as it pertains to bringing your family members to the United States.

How Can a Fiancé and Marriage Visa Lawyer Help?

A Fiancé and Marriage Visa Lawyer can help you decide which type of marriage or fiancé visa is best for you and your spouse or fiancé. Further, because of their experience and expertise, they can make sure that all the correct paperwork and evidence is filed to prevent any delays in your case and ensure you have the highest chance of approval.

Am I Eligible for a Fiancé Visa?

An individual is eligible for a fiancé visa if they intend to marry a United States citizen whom they met within the last two years and is legally able to marry, in other words, is not currently married.

What is a Fiancé K-1 Visa?

A fiancé visa, or K-1 visa is a visa that is granted to foreign citizens who intend to marry an American citizen. This visa allows the fiancé entry into the United States.

Does Fiancé Visa Fraud Make it More Difficult to Obtain a Visa?

The instances of fiancé visa fraud make it more difficult for individuals to obtain their K-1 fiancé visas. This type of fraud occurs when an individual uses deceit or misrepresentation to obtain a K-1 fiancé visa. This type of fraud is fairly common because it takes less time to secure this type of visa than other types of visas.

How Do I Obtain a K-1 Fiancé Visa?

In order to obtain a fiancé visa, the U.S. citizen fiancé must file a Petition for Alien Fiancé, USCIS Form I-129F. Once this petition has been processed and approved, it will be sent to the embassy or consulate where the fiancé is applying.

How Long Will It Take to Obtain My Fiancé Visa?

It can take up to 6 months to obtain a fiancé visa. It may take another year after the marriage before the individual receives their permanent visa.

How Do I Apply for Permanent Residency Once Married?

Once the alien fiancé and the United States citizen fiancé are married, the alien must apply for a marriage visa. This will grant the alien spouse permanent residency.

How Do I Find a Fiancé Visa Lawyer?

It is essential to have the help of an experienced immigration lawyer for any immigration issues you may have, including obtaining a K-1 fiancé visa. Immigration laws and requirements for legal residency are very complex and have strict deadlines that must be followed.

Immigration Lawyers Know the Law

Immigration Lawyers Know the Law U.S. immigration law is complicated, even for some lawyers. Also, the rules are constantly changing, and it helps to have someone who is up to date.

They Can Represent You

They Can Represent You Only a licensed attorney can represent you before the United States Citizenship and Immigration Services (where the fiance visa petition is filed), the National Visa Center (where the name checks are conducted) or at the U.S. Embassy or Consulate (where your fiance will be interviewed and the K-1 visa will be issued).

They Get Things Done Faster

They Get Things Done Faster If you choose to prepare your own fiance visa petition, you will quickly realize there are a number of forms required. You may have to stop frequently to do more research. An experience immigration lawyer will prepare your fiance visa petition quickly and correctly.

They Can Prevent Costly Mistakes

They Can Prevent Costly Mistakes There are multiple rules regarding your fiancee's ability to travel to the United States during the fiance visa process. For example, if your fiance is issued a K-1 visa, they must use it to enter the U.S. and not any other visa and you must marry within 90 days.

They Can Prevent Lengthy Delays

Our fiancé visa lawyer provides assistance with fiancé visas nationwide. Don’t risk delays in bringing your fiancé to the United States – schedule your free case evaluation today.

The top 4 questions about hiring a lawyer to handle your Fiance K-1 visa

The top 4 questions we all have regarding hiring lawyers, filing services or an expert:

Reasons you should hire Legal help

I have to admit: lawyers are good. They’re professionals who know a thing or two about immigration. They oversee your case and help if you have questions. And they’re allowed to do almost everything on your behalf in your fiance K-1 visa process, such as…

Reasons you should NOT hire Legal help

Even if lawyers effectively “replace you” in paperwork, there’s still a huge list of things that they can’t do. Here are a few….

How do I choose a lawyer?

If you decide to go with an attorney make sure he/she is experienced and willing to work with you. Here’s how to spot a good versus not-so-good lawyer…

Should I hire a lawyer?

It depends. If you have the right mix of the following things, you may need one:

How long is a fiancé's work authorization valid?

In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S. Your fiancé (e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé (e) can file Form I-765 together with the Form I-485.

What happens if you marry your fiancé after 90 days?

This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. However, if you marry your fiancé (e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative.

What form do I need to get married?

If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as a fiancé (e) visa.

How long does it take to get a green card if you are married?

If your fiancé (e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, ...

Is marriage a valid immigration benefit?

Your marriage must be valid, meaning both you and your fiancé (e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

Can a fiancé have a child?

If your fiancé (e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé (e)’s children on the Form I-129F if you wish to bring them to the United States.

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