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Engaging a person who is a foreign national is a wonderful thing. Still, the K-1 visa process can appear a little bit complex at times.
Dealing with immigration law means heading a maze of complex forms, strict time frames, and sound requirements.
So, the million-dollar question arises here: is it really necessary to get a K-1 visa attorney?
The answer is not straightforward. While there are some couples who finish their K-1 visa cases independently, the K-1 visa attorney can noticeably lessen incidents of stress and mistakes.
In that light, let’s sum up the actual expenses, unpretentious benefits, and cases when you require legal aid from a K-1 visa attorney.
The Constituent Elements of the K1 Visa
The K-1 visa, also known as the ‘fiancé(e) visa,’ is a document that permits an individual of foreign nationality to enter the United States to marry a US citizen.
What distinguishes this visa from others is a very strict time frame. You get only 90 days from your arrival to marry. If you do not meet this deadline, your foreign fiancé(e) will have to go back to their country.
Filing takes several months and requires a couple of agencies. The very first step is to file the I-129F petition.
After that, your fiancé(e) will go through the consular processing phase. Throughout this entire process, every single form must be accurate. A tiny error can cause a delay of months.
Besides that, the government asks couples for more evidence of their relationship. They want to see that you really got together within the last two years.
So, matters such as photos, letters, travel details, and affidavits are all part of the equation. Collecting and preparing these proofs consumes a lot of time and requires diligence.
Why Couples Go Without K-1 Visa Attorneys
Most partners understandably react conservatively to the thought of bringing in a K-1 visa attorney. The number one reason is money.
K-1 visa legal counsel adds thousands of dollars to the bill that is already quite high. It is not long before you find yourself running out of the budget with all these fees for visas, medical tests, police certificates, and travel.
On top of that, the web is full of free guides for users. The USCIS portal is home to official documents and guidelines. Some immigration forums publish personal stories. Couples get a feeling that they can do their own paperwork.
Moreover, there are those who like taking care of the issues on their own. Couples consider engagement a private matter and, hence, think of adding a K-1 Visa Attorney as impersonal or unnecessary.
These convictions are fully justified. However, they do not always reflect the real-world practice.
What It Really Costs to Do Immigration Yourself
Here is what happens most frequently when couples take on K-1 visa issues without K-1 Visa Attorneys: errors appear.
Typical mistakes include incomplete applications, lost documents, or wrong addresses. After that, the USCIS issues a Request for Evidence, the abbreviation of which is RFE, to you.
An RFE can’t just put your case on hold. It adds an extra two to four months, at the very least, to your timeline.
Your fiancé(e), who is abroad, remains uncertain of your future together. New date changes keep on coming. Your annoyance grows exponentially.
At last, a great number of couples facing requests for evidence, throw in the towel and call a K-1 Visa Attorney, but now they must pay for legal assistance on top of dealing with the months lost because of their mistakes.
Some errors are so serious that they can cause dismissal of cases instead of just delaying them. Misrepresenting your relationship, giving false information, or leaving out relevant documents are grounds for denial.
Denials are not just a major disappointment; they can also negatively impact subsequent immigration applications. Restoring a case after one has been denied is a big-pick-up both in terms of work and expenses.
There is yet another cost hidden here when your fiancé(e) is at the US Embassy abroad for their consular interview. They could, unwittingly, say something that can cause suspicion if there isn’t a K-1 Visa Attorney with them.
Consular officers try to judge whether you are really a couple or not very thoroughly. Unprepared candidates sometimes fall into traps during their interviews which result in ‘administrative processing delays’ or, at worst, denials.
The Importance of a K-1 Visa Attorney
An experienced K-1 visa attorney will provide you with some definite benefits. Most importantly, to begin with, they will help you with your case.
They know USCIS’s style of services, document requirements, and what constitutes enough evidence. With experience in hundreds of cases and thus are aware of exactly which documents count and which do not.
Secondly, K-1 Visa Attorneys will take care of your schedule in a very efficient way. They get everything done right the first time, thus avoiding RFEs, and keeping the process of the case steady and going.
It is very important to think about that when you and your fiancé have not seen each other for a long time and have decided to get married immediately.
Thirdly, K-1 Visa Attorneys teach your fiancé about consular interviews. They perform simulated ones, anticipating the questions that you may face.
With them, applicants get to know the signs consular officers look for. This is a nice advantage of a K-1 visa attorney. Your fiancé will be calm and confident rather than nervous and without preparations.
Fourth, a K-1 visa attorney communicates on your behalf with the government agencies. You are not in the loop regarding deadlines for responses or procedures for follow-up.
K-1 visa attorneys keep track of all that stuff. For couples who, besides planning weddings, have work and family to think about, such relief is a real value.
Fifth, in case of tricky matters, K-1 visa attorneys can work on those. Maybe, your fiancé was in trouble with law, but this period was not disclosed. It might be that you are worried about their immigration history.
These two examples are just a few that require very closely studied solutions of the law. K-1 visa attorneys will review your case and work out the plan.
Times When You Absolutely Need a K-1 Visa Attorney
There are a couple of awkward matters that make the help of a K-1 visa attorney not just welcome but absolutely necessary.
If there are prior immigration issues on your fiancé’s side.
In case your fiancé overstayed their visa, worked without authorization, or still has any outstanding immigration problems, your first move should be to hire a K-1 Visa Attorney. These kinds of situations are very complex and require great caution.
- Any commission of crime by your fiancé(e) in the past: Even if the crimes are very minor, more than likely a K-1 Visa Attorney should handle the immigration-related issues.
What matters is whether they are deportable or unconditionally allowed with just a proper disclosure.
If your fiancé(e) has medical issues and needs a visa with special medical documents, K-1 visa attorneys can help their clients find the right way through these situations.
- If there are concerns as to whether the couple is really together: If you and your partner met recently online or spent very little time together, then you should expect high skepticism in such cases.
K-1 visa attorneys can definitely assist you in gathering strong evidence.
- When your fiancé(e) is weak in English or is generally uncomfortable with the idea of handling bureaucracies alone, then that is a strong reason to let a K-1 visa attorney take care of the case.
If the significant age difference between you and your partner becomes a reason why a consular officer wants to know more about your relationship, then let an attorney prepare you for that.
If either partner has children from previous relationships, citizenship complications, or unusual living arrangements, legal guidance clarifies how these factors affect your case.
However, you should definitely talk to a K-1 visa attorney before you go it alone in situations that involve initial review at least.
Many times, the attorneys are glad to have a 30-minute consultation at a very low rate or for free.
If a K-1 visa attorney looks at your case for just half an hour, they can uncover potential problems that are very likely to become expensive in the future without the necessary interventions.
Getting the Proper K-1 Visa Attorney
Not all immigration attorneys have equal experience with K-1 visas specifically. When you look for one, you should give priority to those who clearly mention that K-1 fiancé visa services are within their scope of work.
Also, check for reviews from clients who were satisfied. Do your homework thoroughly.
Besides, do not hesitate to ask the attorneys directly about their experience with K-1 visas. How many cases have they dealt with? What is their level of success?
Which problems have they faced and dealt with? Only the skilled ones can confidently answer such questions.
Also, take into account the convenience factor regarding location. You may want to see your K-1 visa attorney in person from time to time.
Nevertheless, the majority of immigration cases are done via email, phone, and document exchange. So do not limit your choices because of location. The perfect K-1 visa attorney for you might very well be in another state.
Get help!
Deciding on your K-1 does not have to be stressful at all. It really depends on whether you are on your own or have a representative that you can turn to, the main thing is that you won’t waste time and energy.
Professional assistance takes away the uncertainty of your particular case, so it is always a good idea to get a K-1 visa attorney.
You can contact an experienced K-1 visa attorney now at Gehi and Associates. You can be sure of a free consultation if you want to learn more.
With us, you won’t be held back by confusion anymore, so you might as well just get our help right away.
FAQs on K-1 Visa Attorneys:
1. What is the usual duration of a K-1 visa process?
Normally, the processing time of a K-1 visa is from 4 to 6 months from the moment of filing a petition until the approval of the visa. However, if there are complications or delays in government processing, it may be longer.
2. Does my fiancé require the services of a K-1 visa attorney in the visa applicant’s home country?
There is no need for that. K-1 visa representation can be done through attorneys based in the US. However, they can receive some benefit from local immigration advice about their country’s consular processing preparation.
3. Is it possible to marry before a K-1 visa approval?
No. Marriage has to take place within 90 days of the arrival of your fiancé(e) who has the K-1 visa. Marriage before the approval of a visa means completely changing your visa status.
4. What is going to happen if we don’t marry within 90 days?
Your fiancé(e) will need to leave the US, and they can’t adjust to permanent resident status. To restart, you will require further petitions and more money.
5. Is a K-1 visa attorney’s fee tax deductible?
Normally, no. Legal fees for immigration fall under personal expenditure and are not a business deduction. But it’s best to ask a tax accountant about your individual case.
6. Can a K-1 visa attorney guarantee a positive decision?
Be aware that no genuine attorney gives a guarantee of a visa approval. An experienced attorney can significantly increase your chances of getting approval, but in the end, the decision is made by USCIS.
7. Which documents should we bring to a consultation with a K-1 visa attorney?
It is a good idea to have with you your passport, birth certificate, police certificates, medical records, relationship proofs (photos, messages, travel records), and financial documents that show you can support your fiancé.
8. Is it possible to have the same attorney representing the K-1 petition and also the consular interview?
Your attorney in the US will be in charge of filing the petition. They will usually prepare you for the interview but will not be there. Some couples also hire consular-based attorneys, though most cases proceed with one US-based representative.
9. What can I do if my fiancé(e) gets a denial during the consular interview?
A denial does not mean the end of your relationship. A K-1 visa attorney will analyze the reasons behind your denial and will propose a way forward such as reapplication or some other similar visa.
10. How much should we set aside for the entire cost of a K-1 visa including attorney’s fees?
You should expect to pay thousands of dollars, but the exact cost depends on the peculiarities of each case. It is advisable to discuss the cost with your K-1 visa attorney before you proceed.
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