Can the K1 Fiance Visa process be successfully completed without an attorney? If so, why should I hire one?
It is possible to obtain a K1 visa without the aid of an attorney. In fact, many petitioners do choose to apply on their own. However, there are several benefits to hiring an immigration attorney.
1.) Attorneys who practice immigration law have access to the most up-to-date information regarding the K-1 visa process, which may not be available on public websites.
2.) Competent attorneys are less likely to make the errors and omissions that non-attorneys make. Fewer errors and omissions mean that your application will not be delayed unnecessarily.
3.) Adjusting status to a green card, removing conditions and obtaining U.S. citizenship are steps likely to be undertaken by the K1 visa holder in the future. Engaging an immigration attorney now, and involving them in the process from the beginning, will likely simplify the application process for future benefits. In fact, Cavanaugh Law Office files the initial green card petition free of charge for fiance visa clients once they are married.
Why hire Cavanaugh Law Office for your K-1 visa processing?
1.) At Cavanaugh Law Office, all aspects of your case are either handled personally by the attorney or reviewed by the attorney personally prior to filing. Important work is not placed in the hands of an unqualified employee.
2.) Each client communication is responded to within 24 business hours, either via telephone or e-mail. Period. We understand that your immigration case is likely the most important thing going on in your life and, therefore, do not wish to add to your stress level by being unavailable for communication.
3.) Cavanaugh Law Office is fully “electronic” (fax, e-mail, web), which allows the application preparation to proceed much more quickly than if using traditional “pen and paper” or “snail mail” methods of communication.
4.) If your fiance fails to receive a K-1 visa due to an error or omission on the part of Cavanaugh Law Office, we will promptly refund all attorneys fees.
5.) Successful fiance visa applicants qualify for free preparation of the initial green card application once married, in addition to loyal customer discounts for future immigration applications for the fiance visa holder (removal of conditions, citizenship/naturalizaiton).
6.) Cavanaugh Law Office is covered by a malpractice insurance policy.
Why not hire a “visa service”?
1.) Unless run by a licensed attorney, workers at a visa service company may be practicing law without a license. The field of immigration is complicated and constantly changing. Why trust your future to someone who is not qualified?
2.) Only attorneys are regulated by the state bar. Attorneys must be extremely diligent and careful when handling cases, as the consequences for neglect or incompetence are serious. Visa services, on the other hand, are not subject to such strict regulation and have no incentive to give your case the attention it deserves.
3.) Visa services are not necessarily less expensive than an immigation attorney.
Can I bring my spouse to the United States on a K1 visa?
No. In order to qualify for the k1 visa, the couple must intend to marry within 90 days of the foreign fiance entering the US. However, both the US citizen and the foreign fiancee must be single from the filing of the I 129F Fiance Visa Petition to the moment the foreign fiance enters America. If you would like to bring your spouse to the United States, Cavanaugh Law Office can handle that for you too!
Can someone work who is in the United States on a K1 visa?
Yes. A foreign fiancee entering on a K1 visa can obtain permission to work during the 90 day period for which the K 1 visa is valid. If the immigration officer at the port of entry fails to grant work authorization on the I-94, a work permit (EAD) can be applied for on form I-765 (Application for Employment Authorization). However, the processing time for the work permit will likely take longer than the period of validity of the K 1 visa.
Can we apply for a fiance visa if one or both of us is divorced?
Absolutely. Be prepared to submit certified copies of all divorce decrees pertaining to the prior marriages of either fiance. Prior marriages cannot have been for the purpose of obtaining United States immigration benefits.
How long will it take to get my fiancee here?
The time it takes to obtain a K1 visa, from application through entry, is likely to be several months. The time varies depending on the petitioner’s state of residence and what country the beneficiary is from. Also, criminal background checks, waivers, and errors/omissions during the application process may extend the processing time.
I am a lawful permanent resident (LPR). Can I bring my fiance to America on a K 1 visa?
No. Lawful permanent residents (green card holders) are not permitted to file K-1 visa petitions. LPRs must first marry their fiancee, then apply for an immediate relative visa via form I-130; such visas are subject to lengthy waiting lists.
My foreign girlfriend has kids. Can they come too?
Unmarried sons and daughters (under 21) of successful K1 visa beneficiaries can apply for K2 visas for entry into the United States.
My foreign boyfriend is currently here in the US. Does he have to return home before I submit the I 129F petition for a fiancee visa?
No. The K1 visa process can be started while the foreign national is lawfully in the United States. However, he must return to his home country for the K-1 visa interview. If you are unsure as to whether your fiancee is present in America legally, you should consult an immigration attorney before he departs and before filing your petition.
My I-129F petition was approved! Does this mean that my foreign fiance will automatically get a K-1 visa?
No. After the I-129F petition is approved by USCIS, the foreign consulate/embassy will interview your fiance and process a K1 visa application. A background check and medical exam must also be conducted. The consulate will decide whether your fiance will receive a fiancee visa.
What questions might my fiance be asked at the consular interview?
While the number and types of questions that a foreign fiance may have to answer during the K1 visa interview vary dramatically, the following is a list of topics previously encountered by K 1 visa applicants.
1.) Will your US citizen fiancee be coming to visit you soon?
2.) Do you know your boyfriend’s family? How many siblings does he have?
3.) Have you made your wedding plans yet? If so, when are you getting married?
4.) Do you plan on working once you arrive in America?
5.) Have you and your girlfriend traveled together? If so, to where? When?
6.) How did you two first meet? When? If you met online, what is the name of the website?
7.) Have members of your family met your fiance?
8.) Where will you live when you move to America?
9.) What does your fiance do for a living?
10.) When was the last time you were both together?
11.) When and where did the engagement happen? Was there a ring?
12.) If you were “friends” first, when did the romance begin?