Immigration Lawyer - Citizenship, Green Cards & Visas

K-1 FIANCE(E) - IMMIGRANT VISAS

 

What Is a “Fiancé(e)”?

Fiancé visas (K-1 Visa) are available to individuals living abroad who who wish to come to the United States to marry their fiancé.  Prior to applying for a K-1 Visa your fiancé, either an American citizen or permanent resident, must file a petition with the USCIS.  Once the petition is approved by the USCIS, the approval is forwarded to the National Visa Center.  The National Visa Center wil advise you of the steps to take once the approval has been received. 

 

 

 

 A fiancé(e) is a person who is engaged or contracted to be married.  The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. Certain marriages are not legally possible in the United States.  Sometimes the USCIS considers a person a "fiancé(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

Overseas marriages vs. marriages in the United States

Should you marry abroad or here in the United States? It is a matter of personal choice and sometimes custom.  Before choosing to marry abroad it is important to understand that there are advantages to marrying your fiance here in the United States versus marrying abroad.  The main advantage to marrying in the United States versus abroad is that your fiance will normally be able to join you in the United States once your petition that you file is approved and your fiance has been approved for the K-1 nonimmigrant visa.  Whereas, if you marry abroad you will not be able to bring your wife or husband back to the United States with you immediately.  In fact, if you marry abroad, you could be separated for a year or longer.  Marrying abroad has tremendous disadvantages.  In any event, many marriages do take place abroad.  If you have already married abroad or will marry abroad, please visit our Marrying Abroad page.  

Have you met the one?  

If you are currently searching for your soulmate, love can strike at any moment. Once you find "the one" there are certain steps that you and your fiance should take.  It is never too early or too late to discuss your goals and process with a licensed immigration attorney.  

Are you both ready to take the next step?

 If you and your significant other are ready to take the next step and get married, there are procedures that must be followed.  The USCIS requires all U.S. Citizens or permanent residents who wish to marry their fiance in the United States to file a Petition or Alien Fiance.  Once approved the USCIS will forward the approval to the National Visa Center.  The National Visa Center will then forward the approval to the consulate where your fiance will apply for a K-1 Visa.  

Taking the next step

 Completing the Petition for Alien Fiance and submitting your petition package to the USCIS is the first setp in the process.  Petitioners have the option of retaining a licensed attorney to represent them throughout the process or representing themselves.  Many petitioners opt to retain the services of a licensed attorney, others opt not to retain an attorney.  Whether you have opted to retain an attorney or not, The Law Offices of Nina Trester can assist you.  To those who want to prepare, complete, assemble and submit their petition to the uscis on their own, our firm offers an attorney review service.  If you prefer, you may retain The Law Offices of Nina Trester to represent you throughout the process. 

OUR FIANCE(E) SERVICES 

The Law Offices of Nina Trester is operated by Nina Trester a licensed attorney who is fully authorized by law to offer immigration services.  The Law Offices of  Nina Trester offers its services to inividuals in all 50 states and around the world.  In person office visits are not required.  If you have access to a computer and Internet connection we can be of assistance to you and your fiance absolutely anywhere.  Whether you have opted to represent yourself and submit the petition or you are interested in retaining the services of an attorney, The Law Offices of Nina Trester can help you and your fiance achieve your goals.  Getting started is easy. 

Do-It-Yourselfers can get started today by paying the $350.00 USD Attorney Review fee in full. 

Full Representation - Petitioner Only $695.00 USD

Full Representation - Fiance (K-1 Visa) $300.00 USD* 

Full Represntation - Fiance (K-2 Visa) $200.00 USD*

 For those who prefer to have an attorney represent them and submit a Notice of Appearance and th full petitionand package on their behalf are rquire to sign a retainer agreement with our firm.  The retainer agreement sets forth the terms of services as well as the responsibilities of both parties.  Indiviuals who are interested in retaining the firm are asked to schedule a no-obligation consultation with the firm's attorney.  The fee for the consultation is ________ and will be deducted from your legal fees should you ecide to retain this firm. 

*Optional legal services offered to a petitioner's fiance(e) and his or her children who have retained our firm to represent them.  Upon receipt of an approval from the USCIS The Law Offices of Nina Trester can represent your Fiance with the K-1 Visa application process for an additional $300.00 USD.   The Law Offices of Nina Trester also offers full representation an wil prepare and file K-2 Visa applications on behalf of the petitioner and Fiance.  These  services are only offered at the advertised fee to petitioners who have retained our firm to represent them uring the initial petition filing stages.  

Completing the initial petition completely and accurately is quite important and must be done with great care.  Compiling the supporting documentation and evidence in support o the petition is equally as important.  It is important to have a clear unerstanding of what type of evidence and documentation needs to be submitted.  should be submitted along with the initial petition.  Failure to submit proper documentation and evidence can lead to a denial of your petition.  It is an imperative to pay close attention to detail and take the time to assemble a complete petition package initially.   Presentation of your petition package matters.  The Law Offices of Nina Trester assists petitioners and their fiances achieve their goals.    

There are many individuals offering immigration services on the Internet who are not on the Internet who provide immigration services that are not licensed attorneys and are not authorized by law to perform certain services.  Nina Trester, the firm's founder is a licensed attorney in the State of Connecticut. 

Do-It-Yourself Package: Includes two (2) 30 minute private live one-on-one chat sessions with a licensed U.S. immigration attorney.  During the first session the attorney and petitioner will review the petition and corresponding instructions line-by-line.  The attorney will review the process, checklists and other relevant information the petitioner may require. The petitioner will also have the ability to contact the reviewing attorney with any questions he or she has regarding the completion of the petition and package as they arise.  The package includes the attorney's full review of petitioner's questionnaire, a full review of the completed petition and supporting documentation to be submitted by petitioner to the USCIS.  Upon review of the final draft of the petition to be submitted by petitioner, petitioner shall receive a written response directly from the reviewin attorney.    $350.00 USD.  Upon receipt of payment a questionnaire will be forwarded to the e-mail address supplied by the petitioner.  The first consultation session will be scheduled at the petitioner's convenience.  Night and weekend consultations welcomed.  No travel required.

DO IT YOURSELF PACKAGE  $350.00 USD - PETITION FOR ALIEN FIANCE I-129F 1.  Petitioner does not sign a retainer agreement.  This firm shall not prepare the petition or represent the petition at any stage or throughout the process.  Petitioners agree to prepare and submit their own petition directly to the USCIS on their own behalf.  Petitioner will be solely responsible for preparing and submitting his or her petition, supporting documentation and proper filing fees to the USCIS.  Petitioner will be solely responsible responding to any inquiries from the USCIS or National Visa Center and tracking the status of his or her filed petition.  Petitioner shall not indicate that on the petition that the Law Offices of Nina Trester has prepared the petition or represents the petitioner.      2.  Petitioner has the option of attending two 30 minute private one-on-one live chat sessions with Attorney Trester.  Petitioner shall only be entitled to a refund as described below.  Petitioner agrees to complete and submit a questionnaire to the firm prior to the first 30 minute live chat session.  Petitioner is not required to have the petition completed prior to the first live chat session.  If the petitioner has completed the petition and compiled a package, Petition has the option of utilizing both 30 minute private live chat sessions to discuss and review the package with the attorney.  3.  Petitioner shall submit the completed petition and petition package (supporting documentation) directly to the firm for review by a licensed attorney prior to the second scheduled private live chat session with Attorney Trester.  Petitioners who have already completed the petition and petition package (supporting documentation) may elect to submit the package prior to the first 30 minute private live chat consultation with the attorney.  Petitioner may submit the petition and supporting documentation via e-mail, secure facsimile or mail.  4.  Petitioner will be completely responsible for making any changes to the petition or package.    5.  The Law Offices of Nina Trester can make no repreentations or offers no guarantees that a petition and package it reviews will ultimately be  approved by the USCIS, that the package and petition will be found to be complete by the USCIS or that a fiance visa will be issued.  6.  The fee must be paid in full.  Consultations will not be scheduled until funds are completely available in the firm's account.  Refunds shall be prorated as follows:  (1) a full refund shall be issued minus and processing fees if submitted to the firm via e-mail and by telephone (within 24 hours of payment and prior to scheduling of the first segment of the attorney consultation).   If requested after the first segment of the attorney consultation has been scheduled, the firm shall issue a refund in the amount of $300.00 USD minus any processing fees.  Once the first 30 minute live chat consultation has been completed, Petitioner may request a refund in the amount of $250.00 provided the refund requt is received by the firm within 24 hours of the first live chat session.  The firm shall not issue refunds under any other circumstance except as described above. .

 

1) Full One Hour Live Chat Consultate with a licensed immigration attorney

Two 30 minute live chat consultation will be scheduled with the firm's founder Nina Trester.  Each live chat consultation will take place in a secure setting. 

During the first 30 minute live chat consultation a full review of the petition for alien fiance, instructions, laws, regualtions and other relevant information will be reviewed with you.  You will be able to submit questions in advance, during the live chat session or via e-mail

The actual forms and instructions will be provided to you once the firm has received payment. 

will provide line-by-line review of the Petition that needs to be filed with the USCIS

2) Full review of your completed Petition for Alien Fiance

3) 

assisting those who have opted not to retain an attorney who prefer not to retain an attorney as well as petitioners who prefer to retain an attorney.   

The Do-It-Yourself package includes full attorney review of the Petition for Alien Fiance to be prepared by the petitioner on his own and supporting documents.  is offered to inividuals who prefer to complete the paperwork, assemble all of the required documents and submit the package on their own to the USCIS.   

are ready to bring your significant one to the United States it is imperative that you understand that there are timetables once you petition is approved by the USCIS and your fiance receives his or her K-1 Visa. 

Once the USCIS approves the petition and the K-1 Fiance Visa is issued abroad you and your fiance will have to act within a certain period of time.  With careful attention to detail throughout the petition and application phase, you will be united with the significant other here in the United States in no time.

 

As soon as you begin your search for your significant other or have met someone you would like to spend the rest of your life with you can contact us to learn more about the process and discuss your personal circumstances and goals. 

We highly recommend the K-1 Fiance(e) to indivdiuals who want to bring their significant other to the United States as soon as possible. 

It's easy to get started.  In a matter of minutes you can schedule a confirmed live chat session with a licensed immigration attorney.   Scheduling a consultation does not obligate you to retain our firm or pay for any additional services.  No attorney-client relationship is formed until a formal retainer agreement is signed.  A prospective client and this firm are not obligated to do so.  The consultation is an invitation for a prospective client to discuss his or her goals with an immigration attorney.  

We offer a variety of flat rate Fiance(e) packages and additional legal services that can be added to the packages.  Our goal is to keep what will be the most exciting time of your life as uncomplicated as possible.  Our goal is to be accessible to you and your fianc(e) and answer your questions as they arise.  We do this by providing personalized services to all of our clients.  We also strive to keep your costs down.  E-mail and our live chat sessions also are a great way to save on long distance as well.  Our firm also offers a live call back feature.  We will call your landline or cell phone back no matter where you are.*

*Each cellular carrier has different policies and pricing with respect to incoming calls.  Please check to determine if there are any additional charges when incoming calls are received on your cellular or landline from the United States. 

The Process - Filing the Petition for Alien Fiance(e)

If you decide to go forward and retain our firm to start the process, we will begin by completing and filing a Petition for Alien Fiance(e) with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office.  This Petition is not filed abroad but here in the United States.  After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e). At some point, your fiance(e) will be called for an interview and his or her K-1 nonimmigrant visa will be issued.  (check time frame) The K-1 Visa will be valid for 6 MONTHS.  The initial Petition is valid for four months.  Within 90 days of the issuance of the K-1 nonimmigrant visa, you and your fiance(e) must be married in the United States and you fiance(e) must also file for Adjustment of Status.  Both must occur prior to the expiration of the 90 days as well.  Failure to marry your fiance and file the appropriate paperwork within 90 day will cause some setbacks and delays, but it does not destroy the possibility of your fiance remaining in the United States and becoming a lawful permanent resident, so long as you both get married.  If a marriage does not occur, your Fiance be out of status after 90 days (CHECK THIS).  The K-1 nonimmigrant visa is only valid for 90 days and cannot be renewed or extended here in the United States, the goal is to get married and file the appropriate paperwork durign that period.  If your fiance(e) fails to file for adjustment of status prior to the expiration of the visa, you fiance will fall out of status.  Falling out of status is never recommended because it places the your fiance(e) at risk for deporation "removal" from the United States.  That rarely happens but it is alwaysa  possibility.  At the time of our consultation and throughout the process we will continuously remind you and your fiance(e) of all the deadlines and answer your questions as they arise. 

Not meeting the 90 day deadline does not mean that you cannot get married or that your fiance(e) will be prohibited from applying for adjustment of status.  You and your fiance can still get married, if you wish, and your fiance(e) can still apply for a green card.  There will be some limitations and additional/different forms will need to be completed.

 If you are out of status and came here to the United States on a K-1 Fiance(e) visa, it is an imperative that you discuss your personal circumstancees with a licensed attorney as soon as possible and making any decisions with respect to travel outside of the United States. 

The benefit of applying for a K-1 Fiance(e) Visa and marrying in the United States is that there are no waiting lists"priority dates".  Once the Petition for Alien  Fiance(e) is approved and the Nonimmgirant Fiance Visa (K-1) is approved, you will have to get married within 90 days and your new spouse will have to apply for a green card (Adjust Status) file to adjust his or her status prior to the expiration of 90 days as well.  There are other advantages as well.  Your fiance(e) will be able to bring his or her children over on a K-_ visa and there are no additional filing fees for them, but they like your new spouse will also have to apply for a green card "adjust their status" within 90 days otherwise they will fall out of status.   Children coming to the United States on a K-2 Visa must be under the age of 21 and remain unmarried.   Turning age 21 has repercussions. 

If you marry overseas, there is no way to pre-determine how long you will have to wait before your foreign spouse can come to the United States.  Marrying overseas can have great consequences.  Mainly, it may mean that you will have to remain separated from your spouse for many years.  In some cases, there may not be that great of delay, but there is no way to pre-determine precisely how long you will be separated from your wife or husband.  We are able to estimate what the waiting time will be based on a variety of factors by comparing the Cut Off date on the Visa Bulletin, but there is no guarantee as to how long you will wait.  If you have a choice, marrying your loved one in the United States and then filing a Petition for Alien Fiance and Nonimmigrant Fiance Visa will be a better choice if you want to start your life with your spouse sooner than later.

Of course, U.S. Citizens may leave the country and return to the United States at will, so you of course would have the possibility of visiting your spouse abroad, but it certainly postpones the ability to begin building your life here in the United States together. 

When a visa will become available to your spouse, if you opt not to marry your loved one here in the United States depends on a variety of factors, including

If you retain our firm, the completion of a K-1 nonimmigrant visa is included in the Fiance Package as well.   Our fees do not include the cost of filing the Petition for Alien Fiance, K-1 nonimmigrant visa or any other costs that will arise in connection with the processing of your Petition.  All fees and costs must be paid in advance and will be submitted with Petition for Alien Fiance(e) and K-1 nonimmigrant visa to the appropriate entities under separate covers. 

Where and how you met your fiance(e) is will be of great interest to the U.S. government.

The government understands that by custom some people will have not met their fiance(e) in person. 

What Should I Know about International Marriage Broker Regulation Act (IMBRA)?

The International Marriage Broker Regulation Act requires that you notify the USCIS that you met your fiance through the services of an international marriage broker. 

 

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa.   If you have already applied to adjust your status, there are certain steps you mut take before leaving the country to go anywhere.  Failure to take these steps may result in the abandonment of your application for adjustment of status.    

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file for Employment Authorization with the USCIS office.

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition.  After the marriage of the child’s parent and the American citizen, the child will need to adjust his or her status separately.  The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required. 

There are consequences of applying to adjust one's status when out of status.  That is if the child is here beyond the dat of his or her visa and/or the date noted on the I-94 he or she will be out of status.  Remaining in the United States for more than 180 days will result in accruing unlawful presence, which can result in the child being barred from entering the United States for three years if he or she leaves the United States.  Remaining in the United States for more than 365 days (continuously) can result in a 10 year bar from re-entering the United States.  Individuals who overstay their visa and do not take action within a certain time frame often have problems.  A well-executed plan is always the best option, but quite often things do not work out as planned.  Immigration laws are quite complex and the process can get complicated no matter how uncomplicated things appear. 

Other requirements: Remember that in immigration law a child must be unmarried.  The stepparent/stepchild relationship must be created before the child reaches the age of 18.

What if your Fiance is Ineligible for a Visa?  

There are no guarnatees when it comees to applying for a visa.  There are some conditions and activities that may make an applicable ineligible for a visa.  Examples of these ineligibities are: 

• Trafficking in Drugs
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The above list does not represent all of the conditions and activities that makes one ineligible for a visa or inadmissible to the United tates. 

Prior to submitting visa applications to the U.S. Consulate offices around the world, our firm strives to identify any conditions and activities that may make your Fiance ineligible for a visa and/or inadmissible to the United States.  There are no guarantees when it comes to applying for a visa.  We believe that taking a proactive approach is always a better approach.  Identifying those factors that are likely to become a concern to immigration officials right from start should always be a top priority.  The goal is to attempt to overcome and/or resolve any issues that will need to be addressed.    

 

 

 

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How Does a Fiancé(e) Visa Work?