Fiance visa lawyer blog

Fiance visa: what are the benefits of representation?

Vadym — Mon, 20 Feb 2012 18:52:00 PST

Fiance visa: what are the benefits of representation?

Obtaining a fiance visa may prove to be a remarkably intricate immigration procedure. Each case is unique and the circumstances in each case tend to be specific. Based on current time lines of the U.S. government and the US Embassy we are looking at 5-6 months for the whole process. It could be a little more or less as each Embassy operates in a specific manner and the government does not process the applications in a perfect queue. In the course of this lengthy process your relationship is at stake as any potential delays may cause frustration. The petitioner must invest all possible effort and means in order to have the application processed in a timeliest manner possible and establish to his fiance that the relationship is definitely worth more than the fee for the process.

There are two possible options: fiance visa preparation service and a law firm. Let's leave the pricing aside for now and look into the actual aspects of operation of both institutions.

Preparation services typically hire unqualified labor to decrease their processing costs. As a rule the employees of the preparation services have never worked for a law firm before and have never been involved in the immigration area of law. The preparation services do not assume any liability for the wrongful actions. In the event of the denial of the fiance visa they will simply issue a partial refund to rid of the client. Since your relationship is at risk the fiance visa must be handled by organization that assumes a full liability and understands that any minor mistake puts your relationship at stake. Also, the preparation services are not entitled to offer legal advice. In the course of the process you will receive only consulting service. Due to the lack of experience these consultants often recommend marrying under a tourist visa and other nonsense things that can sidetrack you from the right path.

Law firms must always adhere to the regulations of the state bar association. Law firm must always ensure that proper legal advice is provided to the client and that this advice will not result in any adversary consequences. Law firm will provide an actual attorney representation in the fiance visa process. This is the greatest advantage. Specific form will be included with the application, which certifies that you are represented by an attorney. It is our observation that the government and the U.S. Embassy tend to be more loyal to represented cases. It is understandable, - hiring a professional law firm does indicate adamant intentions of bringing the fiance for the purpose of marriage.

In terms of pricing for the whole fiance visa process - the preparation services are not always cheaper. Whereas law firms must follow attorney advertising code - the preparation services often use gimmick methods of luring the client in with the low initial payment and thereafter incur a whole set of additional charges in a course of the process. There is a significant amount of labor involved in the fiance visa process thus the price cannot be in a range of couple of hundred dollars. The fee somewhere in this range indicates that the firm uses the deceptive method of marketing and potentially same method of doing their business.

Fiancee visa

Vadym — Mon, 20 Feb 2012 18:49:00 PST

Fiancee visa

One of the benefits that the United States offers its citizens is the ability to bring another person into the country on a K-1 Visa, also known as a fiancée visa. This visa allows those who have met partners in other countries to marry in the US and have their partners remain with them indefinitely. But while this service provides an alternative to immigrant-based visas, the process has a set of regulations that must be followed exactly in order for an application to succeed, one that can often trip up those looking to begin their lives together on American soil.

The Basics of the K1 Visa

There are many requirements that any potential visa applicant must be in order to be considered eligible for the K-1 visa including the ability to legally marry under both the laws of the US and the applicant's home country. In addition, the visa applicant must be entering the United States solely for the purpose of marrying a US citizen, and must do so within 90 days. Once approved for a fiancée visa, an applicant can also apply for a permanent resident status and begin working legally in the United States. K-2 visa application permits an applicant to bring any children they have to the US so long as they are listed on the original fiancée petition.

There are a large number of documents that will be required for any fiancée visa application, and the process, while often shorter than that of an immigration visa, is difficult. Some of the documents an applicant will need to provide include two nonimmigrant visa applications, Form DS-156, a passport for valid US travel, and pertinent death, marriage or divorce certificates, police certifications from the applicant's present country of residence, and evidence of financial support. Details about the state of the relationship and its validity will also need to be provided, and US Immigration has broad powers in order to assess claims before visas are granted.

In addition, every U.S. Embassy processes the case in a specific manner. For example, the Embassy in Montreal requires a waiting time of 4-6 months where the Embassy in Ciudad Juarez has different requirements and offers an open walk-in appointment.

The Benefits of Help

If the K-1 visa process sounds complicated, it should. The US requires a great deal of information from both the US citizen applying and their soon-to-be spouse. Medical exams and other supporting forms are required by the United States Embassy that conducts the interview, and a K1 visa lawyer is often a good investment for those couples who are beginning this process. K1 visa lawyers can assist not only in completing documentation properly, but following the entire visa process from start to finish. By communicating with both applicants and the embassy as required at every step of the fiancée visa application, a K1 visa lawyer can help marriages happen more quickly on American soil.

Understanding the Fiance Visa Documents

Vadym — Thu, 19 Jan 2012 18:32:00 PST

Right from the first step of the fiance visa process there is a lot of paperwork involved on both sides, that is, on the petitioner's side and on the beneficiary's side. This visa process was incorporated into the American law to benefit the US citizens who want to get married to foreign fiance's in the US. However, due to sham marriages witnessed in the past, one has to go through rigorous documentation to establish the legitimacy of the intended marriage. However, if the relationship is genuine, the outcome is usually successful and the foreign fiancee, also called the beneficiary, immigrates to the US on the fiancee visa to get married to the US partner and become a permanent resident thereafter. However, there is always a possibility of a denial of the case. To avoid rejection, both the petitioner and the beneficiary must be well prepared to deal with the mountain of paperwork during all stages of the process.

The fiancee visa case constitutes a set of forms and specific supporting documents. The supporting documents must clearly establish that both sides are free to marry one another, that they have solid intention to marry within 90 days upon fiance's arrival to the United States, that they have physically met within the last two years and that they have a genuine relationship. Each case tends to be slightly unique and have its own specific circumstances, which you may not be aware of initially. Only an experienced professional can identify these potential concerns and prevent a rejection or delays in the future. For example: If the beneficiary does not speak any English our office advises him/her to sign up for an English class. Thus, we eliminate the possibility of rejection due to determination of the Embassy official that both parties are not able to communicate efficiently. Another example: police clearances for some countries take long time to obtain. Our office provides information regarding police clearances in advance to prevent any potential delays at the Embassy stage of the process. There are dozens of nuances, which you may not know until it is too late. Our office will ensure that all aspects of the process are handled effectively and that the process goes smoothly for you and your fiancee.

The fiancee visa is also called the K1 visa. Because of the deepness of the legalities involved here, there is need for a k1 visa lawyer so that one can be helped with this complex process. There is also a set of documents that must be presented at the US embassy at the time of the interview. This includes documents showing financial support, various DS forms, medical examination results, passport, birth certificates, police certificates from different places that the beneficiary has lived in since she was 16, evidence showing continuing bona fide relationship and so forth.

Remember that if there are any children that are willing to immigrate to the US along with the parent, for them to be considered, they must be below 21 years old and they must be listed in the petition. At the time of the interview the beneficiary must present all the paperwork to the officer. During the K1 visa interview, please be calm and answer every question honestly. Misrepresentation of any facts may immediately annul your chances of approval.

The fiance visa process requires experience and knowledge. Therefore it is advisable to retain a k1 visa attorney to handle the case and provide you with representation and legal advice.

The Fiancee Visa is issued. What is next?

Vadym — Tue, 17 Jan 2012 09:47:00 PST

The Fiancee Visa is issued. What is next?

You have endured the grueling process of securing the k1 visa for your fiancee and now she/he has it. You are almost out of the woods but not yet. The actual immigration process does not end there because there is much more to be done. You must make sure that you fulfill all other aspects needed for your fiance's permanent stay in America. Immigration to this great land is many people's dream. The acquisition of the k1 visa is the first step in the right direction. You must make sure that your fiancee uses theK1 visa to enter the U.S. within six months of the issuance date.

Lately, the fiancee visa also brings into the picture the International Marriage Broker Regulation Act (IMBRA). The petitioner must disclose whether he/she met their foreign fiancee through a marriage broker. If this is the case the K1 visa process could get a little longer. The IMBRA also requires the petitioner to disclose any crimes he has ever committed related to domestic violence like stalking, child abuse, neglect and so forth. Such disclosures will also be made known to the fiancee during the K1 visa application process.

Bear in mind that you must marry your fiancee within 90 days of her arrival upon U.S. soil . If you do not do this then your fiancee will be required to leave the USA immediately. In fact, violation of any of fiance visa regulations may result to deportation back to fiance's home country. The same will also happen to you should the foreign fiance get to the US and marry someone else apart from the person you were supposed to marry.

The fiancee visa cannot be changed to other status like tourist or student visa. In addition, it cannot also be renewed after allocated 90 day period. Therefore, you must make sure that you and your partner get married as soon as possible, within 90 days of your entry to the US. Just know that the USCIS laws on immigration are very strict and everyone has to follow them. Luckily, they are not too hard to fulfill. It is important to note that some states may have a longer waiting period for the marriage license. Therefore, it is better to apply for one as soon as the foreign fiancee enters the US. Later, the couple can happily tie the knot. What is next after getting married? The first thing is to apply for a green card, also known as an adjustment of status process.

This process is going to turn the foreign fiancé into a permanent resident of the US and so he/she can soon start enjoying the benefits of being a permanent resident. Once work/travel authorization is issued your fiancee will be able to start employment and travel out of the country, if necessary. Officially, your permanent stay in the US will begin once the greencard is issued.

Prepare for the fiance visa interview

Vadym Rogov — Mon, 20 Jun 2011 00:00:00 PDT

Prepare for the fiance visa interview

When you are preparing or a fiance visa interview, you need all the help that you can get. Remember that the interview comes after the hefty paperwork has been done correctly and the case has received an approval from USCIS. You are being called to the interview because you have passed all the other stages. By then, your medical test has been done and the interview is the last leg of the journey. However, much remains to be done because if you do not make it through the interview, the visa application may be revoked. Note that such a revocation could take a significant toll on your relationship. Simply said, you had better pass the interview.

If you found the hefty paperwork daunting, you may be forgiven for fearing the K1 visa interview. However, it is very easy if you have been amply coached. That is why professional help is so important in this process. There will be many questions asked by United States Embassy officers who absolutely do not care whether you pass or not. They will be looking for hesitancy or any untruth in your answers. If you want to pass, you must be ready with all information relevant for your fiance visa application. Therefore, you should be prepared.

Consider retaining an experienced k1 visa lawyer to help prepare you for the fiance visa interview and collect all relevant documentation. The questions asked may appear simplistic but they are pregnant in meaning. By hiring an attorney, your fiance can take you through the drill perfectly and the best thing yet is that as you answer those questions you will be brimming with confidence and assurance. Questions can range from how much you know about your fiance to your differences in religion and culture and how you intend to solve conflicts when they arise. The USCIS officials will be trying to establish just how much you know about your American fiance and how much of his/her past you know. They will also be gauging your romantic interest in the relationship. You need to work with a firm that has handled many cases successfully. For just a fee, you do not want to skimp on this grand opportunity. Only one thing is for sure and that is that preparation is the key to passing the fiance visa interview.

The interview is divided into three parts, though the consular official will not tell you that. They start with questions about the beneficiary (you) and so those are easy. Perhaps the part that one needs to be careful about is when they have to answer questions about their fiance. Such could even include questions like where he (American) went to college and others could be about his past relationships. The main objective of the consular office is to determine the legitimacy of the relationship and it is to his/her discretion to give or deny you the visa. Keep your cool even if they ask stupid questions like; "Why are you marrying him?" Really… What other reason but love? The only obstacle between you and the fiance visa is the interview. We can help you pass.

K1 Visa requirements

Vadym Rogov — Wed, 15 Jun 2011 18:16:00 PDT

K1 visa requirements:

K1 visa requirements are seemingly simplistic, however, you must ensure that you meet all necessary criteria before the initiation of the fiance visa process.

Every United States Citizen has a legal right to petition for his fiance abroad and bring her to the United States for the purposes of marriage and permanent relocation. In order to accomplish this - the k1 visa petition must be filed along with supporting documents with the United States Citizenship and Immigration Services Service Center. As a Petitioner you do need to ensure that you select the Service Center that has jurisdiction over the place of your residence in the US. This k1 visa petition will classify your fiance as k1 visa beneficiary.

The first major K1 visa requirement is that both parties must be eligible to marry in the petitioner's state of residence. Both parties must be of legal age and must be free to marry, which means that all prior marriages must be terminated and both parties must not be married to each other. It is crucial for an application that both the petitioner and the beneficiary have solid intention to marry upon fiancee's arrival to the United States. The Defense of Marriage Act forbids the issuance of the fiance visa for the same sex partners, even if the same-sex marriage is allowed in your state of residence.

The second major k1 visa requirement is that the petitioner must establish to USCIS that both parties have physically met within two years prior to the initial filing of the application. You must provide a primary and collateral evidence of your meeting. An inability to establish this category with the initial filing may potentially result in significant delays or even a denial of the case. If the application is denied - USCIS will have no prejudice towards your new application. The requirement of a physical meeting may be waived in certain circumstances, however, these circumstances are extremely limited and proving the eligibility for a waiver is difficult. Once the foreign fiance enters under a K1 visa - she/he must marry the petitioner within 90 days of arrival. The application for a permanent resident status must be filed immediately after the marriage.

To meet the financial fiance visa requirement the petitioner must have an annual income above the 125% of a poverty line. The evaluation of a financial capacity to serve as a sponsor is complex and includes the consideration of several major aspects such as: income for the most recent year, income for the current year and assets of the petitioner. If you are currently employed and your annual income is above 125% of the poverty line and the adjusted gross income for the most recent year is in accordance with the requirement - most likely you will qualify to serve as a sponsor for an application. In case your income does not meet the requirements - you will need to secure a cosponsor that does. Also, the assets (stocks, bonds, real estate) may be relevant for the purposes of meeting the financial requirement.

Prevent delays in the K1 visa process.

Vadym Rogov — Sun, 12 Jun 2011 16:23:00 PDT

How to prevent a denial or substantial delays in the fiance visa process.

Evidence of genuine relationship.

Always save records of correspondence with your fiance. Typically, couples communicate by email, chat, skype or telephone. In a course of the process you will need to establish that you and your fiance:

1. Have effectively communicated prior to your trip abroad and the physical meeting;

2. Have communicated after the physical meeting all the way until the initial filing;

3. Have communicated and maintained your relationship since the initial filing with USCIS all the way until the K1 Visa interview.

The function of USCIS is to examine your eligibility as a Petitioner and your fiancee's eligibility as a Beneficiary for a K1 Visa. At this stage of the process the quality of your relationship will not be critically examined, however, USCIS will verify that you have communicated prior to the initial meeting and that your relationship have continued thereafter.

After the issuance of the approval original file is forwarded to the U.S. Embassy, which scrutinizes the documents that prove the veracity of your relationship. Therefore, it is important that you submit substantial evidence of your legitimate relationship with the initial filing. It will be necessary to bring the evidence of the ongoing relationship to ththe K1 Visa interview, however, please understand that the evidence submitted with the initial filing to USCIS bears high importance, as at the time of the interview the officer will mostly relate to the original documents submitted.

Ability to speak a common language with your fiance.

The ability to speak a common language with your fiance is an important element in determining the quality of the relationship. An inability to effectively communicate may prove to be a basis for denial of the case. In case you have already initiated the process and you feel that your fiance's English skills are weak - it would be advisable to sign him/her up for an English course. There is still enough time until the interview.

Biographical information.

Your foreign fiance must know basic biographical information about you such as: your previous marriages, your children, your age, place of employment, place of residence, any previous applications filed, any prior convictions etc. Biographical questions will be asked at the time of the interview. Answering these questions incorrectly may greatly impact your case and chances of receiving a visa.

Misrepresentation of the information.

Typically, misrepresentation of the facts or non-disclosure of the relevant facts may result in the denial of the case. If you are concerned about a particular situation - we would advise to discuss it with your attorney first. Your fiance also must know all information about you.

Misconceptions in the K1 Visa process.

Vadym Rogov — Fri, 10 Jun 2011 18:05:00 PDT

This article serves as an overview of the several most common misconceptions in the fiance visa process.

1. The most common misconception is the following: marrying the fiancee abroad speeds up the immigration process or not require any immigration process at all.

In the event of a marriage abroad, it is still necessary to apply for a marriage visa (CR1 visa) for your wife/husband. Both the fiancee visa and marriage visa belong to the category of immigrant visas (although a fiance visa officially belongs to non-immigrant visas - the timelines and the requirements are extremely similar to an immigrant visa application). Therefore, you will need to pass the same stages of the immigrant visa process as you would have to for a fiance visa - secure an approval with USCIS, pass the National Visa Center stage and complete the U.S. Embassy processing with an interview. If one compares the time line for the two categories of visa applications, the timeline for a marriage visa process is on average two months longer when compared to a fiance visa process.

Secondly, the marriage visa application requires a significantly higher level of supporting evidence intended to prove the veracity of your relationship. In the fiancee visa process it is necessary to establish that you have a bona fide relationship as a boyfriend and girlfriend with the intention of marriage and have physically seen each other within the last two years prior to the initial filing. However, the marriage visa process requires supporting documentation establishing you have a genuine marital relationship (not just a valid marriage). The typical supporting documents include, but are not limited to: proof of shared housing, proof of joint bank accounts, and proof of shared health plans. In short, the U.S. immigration officials have to establish that the union is real and you have both entered a marriage with no intention to circumvent the immigration law. In the event that you do not physically reside with your spouse, then gathering the type of evidence required can be difficult. Lack of evidence may result in significant delays in the process.

With regards to the legal fees and government fees, the marriage visa is not a winner here either. The cost for the whole process would be very similar to a fiance visa process.

Lastly, in terms of the government adjudication of your case, the marriage visa process will be relatively smooth providing you have maintained a high quality relationship with your girlfriend/fiancee for a substantial amount of time, physically resided with her, married, maintained a valid marital union and only thereafter you both decided to relocate to the United States.

In conclusion, if you do have a fiancee in a foreign country and you have solid intentions to marry and reside on the territory of the United States, then a K1 Visa is the most suggested route to take. It will be shorter, smoother and more appropriate for your particular situation.

2. Initial application involves only one government form.

Every type of immigrant visa application requires filing of the petition with the government, which is comprised of applicable government forms/documents along with supporting evidence which is intended establish certain categories. In the K1 Visa Process it is necessary to establish that you and your fiancee are free to marry; that you have solid intention to marry; that you have physically met within the last two years; and that you have a genuine relationship. The average fiance visa petition comprises of no less than one hundred pages of forms and documentation.There are three separate phases to the process: the initial filing with USCIS, the approval by the National Visa Center and then U.S. Embassy processing. The Embassy stage of the process may be the most difficult, as at that time your fiancee will need to gather a whole set of supporting documentation for the purposes of the interview, such as: police clearance, financial documentation along with proper supporting documents, DS forms, medical examination, evidence of continuing relationship, etc.

3. Entry under a tourist visa is sufficient for the purposes of marriage on the territory of the United States.

Entry under a tourist visa and subsequent immediate marriage may be considered by the United States Citizenship and Immigration Services as an attempt to commit immigration fraud . Your fiancee may get turned down with her tourist visa right at the port of entry. It may hurt any subsequent applications filed on her behalf. Even if the entry is successful , later in the process you will have the burden of proving a legal method of entry.A tourist visa is a non-immigrant visa and it is issued to foreign nationals solely for the purposes of tourism. The whole purpose of a fiance visa is to establish that the Petitioner and the foreign fiancee meet the qualifying immigration requirements established by the U.S. government as your fiancee is a prospective resident/citizen of the United States. Entry under a fiancee visa and a subsequent marriage will entitle your spouse to apply for a permanent resident status in the United States. If you do marry your fiancee after entry under a tourist visa, then there is a possibility of investigation of your case by the USCIS and even removal proceedings. Immigration officials understand that it is a rare case that someone comes to visit a foreign country for the purposes of tourism and decides to marry after the entry, unless this was something that was plannedin advance.

K1 Visa introduction

Vadym — Wed, 16 Mar 2011 14:40:00 PDT

There are three essential requirements for the fiance visa process:

The first is: you must be a US Citizen;

The second is: you must have physically seen each other within the last two years;

And the third is: there is a minimum income requirement for you as a Petitioner of at least eighteen thousand dollars without a use of a cosponsor.

The K1 Visa process is a three phase process: first we file with USCIS. They generally take 3-4 months to issue an approval. There are different examiners assigned to different case loads. In other words: the approval notices do not come back necessarily in order of our filing. Conservatively speaking 3 to 4 months is a good estimate. After USCIS issues the approval the application transfers to the National Visa Center in Vermont, where they conduct background check. This approximately takes 2 to 3 weeks then the application is forwarded to the Embassy abroad.

For Embassy processing I would allow an additional 2 months. Bear in mind, the Embassy upon receipt will issue a Packet III, various DS forms will have to be competed and submitted. They will then issue a Packet IV - police clearance will have to be obtained, physical examination will be scheduled and conducted and then the interview at which the additional supporting documents will have to be presented with the Affidavit of Support and proper supporting documents.

In terms of categories of documents for the initial filing obviously we want to approve the quality of the relationship that is generally accomplished with copies of correspondence - be it written, email or otherwise. If you communicate via the telephone - copies of phone records.

In terms of supporting documents USCIS does not want to have anything going back for more than 2 years. We also have to proof for the initial filing the second category that you have physically seen each other within the last 2 years. In case you went there, we will need a copy of your passport with an entry stamp, copy of your plane ticket, itinerary, if you have one, any credit card receipts showing the purchases in her country are also helpful with a date stamp. And lastly, of course, photographs of you together.

In terms of supporting documents for the initial filing from your fiancée: if she/he has been married before, we need a copy of her/his divorce decree. If no, then, all we would need from her/him is two passport photos 2 by 2, white background, no jewelry, no glasses, looking straight into the camera and a signed letter of intent to marry that we prepare with an original signature. Preferably, for the purposes of speed we would email that letter to him, he would print it, sign it and send it back with passport-style photos.

We gather all the necessary information that we need to complete the initial filing via questionnaire located at a secure location. Generally, our turnaround time from receipt of complete information is one day. We will overnight the completed forms to you for signature, you would sign next to the signature tabs and you would return the signed application with the supporting documents in bulk, we will put everything together with the exhibit tabs in proper form for filing. After filing of the Petition USCIS will send out the receipt notice, generally within two weeks, it will give us a receipt number that will enable us and you to track the application at USCIS. Frankly, it is not going to provide much information other than pending or approved.

Our representation is obviously more than just the initial filing. This is frankly, an easy part. It is from the initial filing through USCIS approval, National Visa Center, complete Embassy processing. We will work directly with you, your fiancée and the Embassy as well as required with USCIS. Again, in short our representation is from the initial filing all the way to the issuance of the visa.

In terms of cost, the total charge with our firm is $975 plus the government filing fee of $340.. A minimum payment of $325 retains us, we do require a full payment or close to full payment at the time of filing.

You will be surprised with the amount of back and forth that is involved in this process and we will have good 4 to 6 month relationship. There are some providers that advertise 250 or 500 are just too good to be true. Our real competitors that we look at are Michael Salomons Office, Holmes and Lolly. I believe their fees is $1600, $1700, $1800 plus the filing fee. Furthermore, you do have a lot more consumer protection going with a lawye as opposed to a service. You are not going to save much with the service and secondly, some of these operations can disappear.

We do offer a money back guarantee; it set forth on our website and our retainer agreement. We understand that this is a relationship and the successful uniting of two people involved in a long distance relationship is obviously a lot more important than the $975 charge.

We are looking forward to work with you and again feel free to call with any questions,

Upon receipt of the initial payment we will provide you with initial instructions and list of documents that is necessary to collect to start the process.