If you are a U.S. citizen planning to marry a foreign national, a K-1 Fiancé Visa is one method of bringing him or her into the country. Since this is a travel visa, you must marry your foreign fiancé within a limited period of time. Due to the complicated nature of this visa application process, speaking with a K-1 Fiancé Visa lawyer can be very useful in determining whether this is the best option for your situation.
The applicant must be a U.S. citizen with the exclusive purpose of bringing his or her fiancé into the country for marriage. Both you and your fiancé must be free to marry. This means that both individuals must have had any previous marriages legally dissolved through death, divorce, or annulment. You must marry your fiancé within 90 days of him/her entering the United States.
In general, you and your fiancé must have met in person within the past two years. Some exceptions to this requirement may be granted by the United States Citizenship and Immigration Services (USCIS) if you can prove extreme hardship to meet or cultural reasons that prohibit such a meeting.
The application process can be complex and frustrating. There are numerous required forms, supporting documents, and medical exams required. A K-1 Fiancé Visa lawyer can help ensure a complete application and address potential legal pitfalls. Below are a few questions this type of lawyer can answer:
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
An experienced lawyer should be able to communicate a basic "road map" on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you've laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.
A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:
Depending on your specific legal situation, it's possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.
Pro se - This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute - Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction - Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.
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