Frequently Asked Questions:

What if my fiancé(e) uses a different kind of visa, or enters as a visitor and we decide to marry?

There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.

What type of intent to marry is required for a K-1 Visa?

The Fiance(e) Visa requires a bonafide intent to marry that must exist at the time of the initial filing and at the time of interview. The fiancé(e) visa is a temporary visa that permits your fiancé(e) to enter the United States for the purposes of your marriage. You must marry within 90 days of your fiance(e)'s entry. The K-1 Visa is not designed for you to bring a person here so you can get to know one another, or spend more time together to decide whether or not you want to marry.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she would violate U.S. immigration law. This could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will the process take?

Each case is different. Please click here to obtain current processing times for the I-129F petition. USCIS processes fiancé(e) petitions in the order received. Once USCIS approves the Petition, your application is then forwarded to the National Visa Center (NVC) for a mandatory background check. The NVC will then send the petition to the U.S. Embassy, which requires additional time for Embassy processing.

Can I do this process on my own?

While it is possible to obtain a fiancee 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 You have to rely on information on the internet, which may be outdated as immigration laws and procedure are constantly changing.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 expedite the process 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. You want your fiancee to be able to live here in a speedy fashion and hiring our firm will allow this to happen.

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 of who 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 true intent to marry the U.S. citizen. Though you are not required to wed, the fiancée will be sent back to his/her country abroad if the wedding 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 spouse can file for permanent residency after the couple weds. Form I-485 allows the spouse to adjust his/her status to permanent resident. First, the fiancée is granted permanent status for about two years but only 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 an I-130 Form 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. Our firm will expedite the process so that your fiancée can come to reside in the United States in a speedy fashion.

Can my fiancee’s children come to the United States?

Yes, your fiancée’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 office that we have filed your application with. 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. Additionally, you can also call your service center, visit your local USCIS office, or write to them requesting the information that you need.

Can anyone obtain a K-1 visa?

While U.S. citizens are able to petition for a K-1 visa for their fiancée 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.

What if I am already married?

Please proceed to our family immigration website. click here