Category: K-1 Visa

The Ultimate Guide for K1 Visas (Fiancé Visas)

Posted by Ammar Alo, Esq. on

As an immigration firm, we often encounter couples navigating the complexities of U.S. immigration law, particularly when it comes to bringing a fiancé to the United States. The process can be daunting, but understanding the Fiancé (I-129F) visa is a crucial step in ensuring that love can flourish across borders. Let’s talk about the I-129F visa, the application process, and essential considerations for couples.

What is a Fiancé (I-129F) Visa?

The Fiancé (I-129F) visa is a nonimmigrant visa that allows U.S. citizens to bring their foreign national fiancé(e) to the United States with the intent to marry. Upon entering the U.S. with this visa, the couple must marry within 90 days. If they do, the foreign national can then apply for permanent residency (a green card) through adjustment of status.

Eligibility Requirements

To be eligible for a Fiancé (I-129F) visa, both the U.S. citizen and the foreign national must meet specific requirements:

  1. U.S. Citizen Petitioner: Only U.S. citizens can petition for a fiancé(e) visa. Permanent residents (green card holders) cannot file for an I-129F visa.
  2. Intention to Marry: The couple must have a genuine intention to marry within 90 days of the fiancé(e)’s arrival in the U.S. This intention must be evidenced by a shared history and future plans.
  3. Legal Capacity to Marry: Both parties must be legally eligible to marry. This means that any previous marriages must have been legally dissolved through divorce or annulment, or if a spouse has passed away, a death certificate must be provided.
  4. Meeting Requirement: The couple must have met in person at least once within the two years preceding the filing of the petition, though there are some exceptions to this rule based on cultural or religious considerations.

The Application Process

The application process for a Fiancé (I-129F) visa involves several steps:

  1. Filing the I-129F Petition: The U.S. citizen must complete Form I-129F, Petition for Alien Fiancé(e), and submit it to the U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents. This includes proof of citizenship, evidence of the relationship, and any previous marriage dissolution documents.
  2. USCIS Processing: Once the petition is filed, USCIS will process it. Processing times can vary, but applicants should regularly check the USCIS website for updates on their case status.
  3. National Visa Center (NVC) Processing: After USCIS approves the petition, it is forwarded to the NVC, which will assign a case number and send instructions to the foreign national for the next steps.
  4. Consular Interview: The foreign national must attend an interview at the U.S. embassy or consulate in their home country. During this interview, a consular officer will assess the authenticity of the relationship and verify that the applicant meets all requirements for the visa.
  5. Visa Issuance: If the interview is successful and all requirements are met, the fiancé(e) will receive the K-1 visa, allowing them to travel to the U.S.

What Happens After Arrival?

Upon arrival in the U.S. on a K-1 visa, the couple must marry within 90 days. After the marriage, the foreign national can apply for adjustment of status to become a lawful permanent resident. This process requires filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and an application fee.

Important Considerations

  • Financial Support: The U.S. citizen must demonstrate that they can financially support their fiancé(e) by submitting an Affidavit of Support (Form I-134) to ensure the foreign national will not become a public charge.
  • Medical Examination: The foreign national must undergo a medical examination by an approved physician and provide vaccination records as part of the visa application process.
  • Time Sensitivity: The I-129F process can be time-consuming. Couples should plan ahead and be aware of the processing times to avoid any delays.
  • Potential Complications: If the couple does not marry within the required timeframe or if there are issues during the application process, it may complicate the fiancé(e)’s immigration status. Consulting with an immigration attorney can help navigate these challenges.

Conclusion

The Fiancé (I-129F) visa provides a pathway for U.S. citizens to bring their foreign national partners to the United States to start their lives together. While the process may seem overwhelming, understanding the requirements and steps involved can ease the journey for couples. As an immigration firm, our role is to guide couples through the intricacies of the immigration process and help ensure a smooth transition into married life.

If you’re considering filing for a Fiancé (I-129F) visa or have questions about your specific situation, please don’t hesitate to reach out for a consultation. Love knows no borders, and together, we can help you navigate the path to your future.

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to ensure you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the runaround. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Call or book a consultation today: https://alolegal.com/contact-us/

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Never do this with Immigration!!!

Posted by Ammar Alo, Esq. on

The best piece of advice I can give to anyone going through the immigration process:
DON’T LIE!!!!

“Duh!” you might say. “That’s obvious!”
Well, it should be obvious, but then explain the countless cases I have seen where I have caught a lie, … I mean, “discrepancy”. I discussed it briefly in a TikTok video I made not too long ago.

@alo_immigration_lawyer

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♬ Summer – Croquet Club

So, what am I talking about here? What kind of things have I seen get people’s cases totally off the rails?
Well, how about these for example:

  • Different Birth Dates
  • Different Marriage Dates
  • Names/number of children
  • Marriages
  • Employment, occupations
  • Military Service
  • Past Persecution (Asylum Cases)
  • Address History

Just to name a few

So the next logical question is “why did you lie”? and it basically comes down to 4 main reasons, and the answers might surprise you.

The first and most innocent answer is that it was a mistake or typo. This I can totally understand. We all make mistakes, yes, even us attorneys, and that is why we have to double and triple check everything we submit. We do that with our clients, after we are completely finished with a file, and before it gets mailed out, we check it again, send it to our clients for a review, and check it one last time right before mailing.

However, if you have someone else help you with the forms, this type of quality check is most likely not there. Notarios are “notorious” for making mistakes, or just making stuff up, and that brings us to the second reason why people lie on their applications.

“The Notario/Form preparer filled it out, I don’t know what they put in there”. Really?? That’s the excuse you are going to use when you are in front of a USCIS officer, embassy official, or immigration judge? There’s no excuse for not reviewing what is submitted on your behalf. If you sign something, you better have reviewed it (this applies to everything by-the-way, not just immigration).

The third reason is both dumb and naive: “I lied because I thought it would increase my chances of approval.” Really? You think immigration officials are idiots? You really think they have no way of verifying any information that you have claimed?
Do you really think that by lying, you will have a better chance? How do you even know what kind of information is favorable? The most common lies people think will give them a better chance at Tourist Visas is to claim they are married/single, or they have kids, or they own some kind of business. They believe that by making these claims, immigration officers will believe that they will definitely come back to their home country after their visit to the US. What they don’t know is that if they are caught lying, they can be barred from EVER coming to the US.
Don’t do it, it’s not worth it.

This last reason of why applicants lie is the worst, and the most wicked: They are trying to hide something that will get them denied or arrested.
Criminal records, group memberships, gang memberships, military service, past marriages, all come to mind.

In conclusion, lying on your applications is a huge mistake. Not only is it wrong to lie for any reason and in any situation, but it will also severely harm your chances of immigrating to the US. And, as I said in the video, if you don’t get caught the first time, you will probably get caught down the road, most likely at your Naturalization interview.

It’s best to consult with an experienced Immigration Attorney who can help you navigate this complex maze we call the US Immigration System.

Contact us today!


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Fiancé Visa vs. Spousal Visa

Posted by Ammar Alo, Esq. on

We get this question all the time, which one is better, which one is faster. Unfortunately, there’s no one-size-fits all answer; it all depends on your situation. So, let’s take a look at the pros and cons of each.

When it comes to uniting with a partner from another country in the United States, couples have two primary visa options: the Fiancé Visa (K-1) and the Spousal Visa (CR-1/IR-1). Each path has its unique set of advantages and challenges, and the right choice depends on various factors including the couple’s circumstances, preferences, and priorities.

Fiancé Visa (K-1)

Pros:

  • Speed: Generally, the K-1 visa process is quicker, allowing the foreign fiancé to enter the U.S. faster.
  • Marriage Flexibility: Couples can plan their wedding in the U.S. within 90 days of the fiancé’s arrival.
  • U.S. Ceremony: Ideal for those who wish to have their marriage ceremony in the United States, and may not be able to get married overseas.
  • Get to know each other: This allows you the opportunity to get to know each other before starting the Permanent Residence process.

Cons:

  • Temporary Status: The K-1 visa is a non-immigrant visa, meaning the fiancé must adjust their status to a permanent resident after marriage.
  • Limited to U.S. Citizens: Only U.S. citizens can petition for a K-1 visa, not permanent residents.
  • No Direct Green Card: The fiancé does not receive a green card immediately upon entry and must go through an adjustment of status process.
  • Speed: Although it is supposed to be quicker, many times, it takes just as long as a Spousal Visa.

Spousal Visa (CR-1/IR-1)

Pros:

  • Permanent Status: The spouse enters the U.S. as a permanent resident and receives a green card shortly after.
  • Available to Permanent Residents: Both U.S. citizens and lawful permanent residents can petition for a spouse. Although, wait times for Permanent Resident petitioners can be lengthy.
  • No Adjustment Required: Since the spouse enters with an immigrant visa, there’s no need for Adjustment of Status after arrival.

Cons:

  • Longer Process: The spousal visa process can take longer, delaying the couple’s reunion in the U.S.
  • Marriage Requirement: The couple must be married before applying, which might require planning an overseas wedding.
  • Limited Travel: The spouse may face travel restrictions to the US while the visa is being processed.

Conclusion

Choosing between a Fiancé Visa and a Spousal Visa is a significant decision that can impact the couple’s future. It’s essential to weigh the pros and cons carefully and consider personal circumstances, such as where you want to marry and how quickly you wish to be together in the U.S. Consulting with an immigration attorney can provide guidance tailored to your specific situation.

I hope this blog post provides a clear comparison to help you or others make an informed decision regarding the immigration process. Remember, immigration laws are complex and subject to change, so it’s always best to consult with a legal expert for the most current advice

Call or book a consultation today: https://alolegal.com/contact-us/

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Biggest mistake while filing an I-130

Posted by Ammar Alo, Esq. on

Don’t make this mistake!!!
I have seen this enough times that it now requires a blog post. Unfortunately, it’s happens with applicants who don’t hire attorneys, who either try to do it themselves, or ask for help from the wrong person.
This is Immigration 101, and any immigration lawyer, with even minimal experience, should never make this mistake. This mistake can cost you thousands of dollars, and months of delays.

Here it is:
When filling out an I-130 Petition for Alien Relative with USCIS, make sure you fill out one of these two sections:

If you don’t fill out one these sections, USCIS doesn’t know what to do with your case once its approved, and it will just sit in their offices collecting dust. The only way to get it moving is to fill out an I-824, and pay that fee. It will also take USCIS a ridiculous amount of time to just send your application to where you need it to go.

  • If your relative is inside the US, and you are eligible for Adjustment of Status, you fill out the first section.
  • If your relative is overseas, and will continue the process at a US Embassy, you fill out the second section.

    The biggest mistake you can make is NOT consulting an experienced immigration attorney anytime you are dealing with any immigration issues.
    You can contact us here: https://alolegal.com/contact-us/

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Ammar Alo, Three best Rated Immigration lawyer

Detroit, Michigan Immigration Lawyer

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Top Rated Detroit Immigration Attorney

Ammar Alo is a top rated Immigration Attorney now with an office in Canton, Michigan, a suburb of Detroit.

Alo Legal LLC is a boutique US based law firm that provides U.S. Immigration Law services. We cater to our client’s needs.

If you are looking for information or an attorney for:

  • Immigration Services
  • Permanent Residence
  • Green Cards
  • Family Sponsorship
  • Naturalization
  • NVC Processing
  • Immigrant Visas
  • Fiancé Visas

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Contact top rated Detroit immigration Lawyer, Ammar Alo, to help you reunite with your family.

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What is the 30-60-90 day rule for immigration (USCIS)?

Posted by Ammar Alo, Esq. on

After an interesting debate this week, between immigration attorneys on Facebook, I’ve learned that I am a lot more risk-averse than others.

This stems from a question an attorney posted, asking whether it is a good idea to file for Adjustment of Status (Permanent Residence) for parents of a US citizen who arrived in the US as visitors. The problem is not the filing, but the timing of the filing. These clients wanted to file a week after their arrival in the US.

The issue here is whether a USCIS officer deciding their case will assume they had “Immigrant Intent” when they came in as “Visitors”, and whether the officer can charge them with “fraud or misrepresentation”.

For the last 15 years of practice, I have always abided by “30/60/90 day rule”. In essence, we don’t file any Permanent Residence applications within 90 days of a visitor’s arrival in the US, unless there is a VERY good reason, ex. expiring status. This is what most immigration attorneys did.

If a USCIS officer finds “Fraud or Misrepresentation”, the person applying could be permanently barred from entering the US again.

Why risk a finding like this? Why not wait? Why try to fight USCIS, when you could have just waited a few weeks? I believe you are doing clients a disservice when you don’t advise them to wait. Isn’t that our job as attorneys, to give the best advice?

Many of those arguing for not waiting the 90 days cite a case “Matter of Cavazos” from 1980, where the BIA decided that notwithstanding preconceived intent, adjustment of status should ordinarily be granted for immediate relatives absent other negative factors.

While this is true, a USCIS officer could find other “negative factors” when they grill your client at their interview.

My advice to young immigration attorneys out there, wait the 90 days, and don’t get pushed around by eager clients. If they don’t want to wait, and you still take on the case, make it clear in your agreements that they have been advised of the risk, and that you are not responsible if it all goes wrong.