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:
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
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.
For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney's track record in bringing about quick, successful resolutions to cases similar to yours.
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.
Lead Counsel's objective process independently verifies attorney records, conferring with state bars across the country and conducting annual reviews to confirm that the attorney practices in the legal categories as indicated, possesses a valid bar license, and is eligible to practice in the specific jurisdiction.