Getting married is such a joyous occasion, family and friends gather from all around to celebrate you and your significant other. Of course, such a big event can cause some significant stressors as well, picking the venue, the guest-list, the music, the caterers, and of course – how to bring your significant other into the United States! There are many different types of visas and sponsorships a person can file on behalf of their soon-to-be spouse. It is important to consult with an experienced immigration attorney so that the attorney may familiarize themselves with your specific situation and determine which visa would apply best in your life.
There are some important differences to note, firstly, for fiancé visas, also known as a Petition for Alien Fiancé(e) or K-1 visa, there are some non-negotiable requirements. For one, your partner residing in the United States must be a US Citizen, natural-born or naturalized (they cannot be a visa holder or permanent resident). Two, your fiancé must be over-seas and not currently residing within the United States; if they are legally in the US already, they automatically become ineligible for a fiancé visa. Third, by applying for this particular type of visa you cannot already be married to your fiancé. If you are already married to your spouse, then you would file a different visa, known as a Petition for Alien Relative. If your situation is completely different than what is described above, fear not! Your next best step would be to contact an experienced immigration attorney and immigration law office to explore what other options might be available to you and your fiancé.
Applying for any visa with the United States Citizenship and Immigration Services, also known as USCIS, can be a hardship on its own. All forms submitted must be carefully reviewed, turned in - in a timely manner and all form fees must be paid promptly and in-full. While you are not required to have an attorney, in most cases, it is always a good idea to consult with a practiced immigration law attorney before filing any paperwork. Immigration lawyers are familiar with the immigration services, their forms, processes and what to realistically expect. The United States Citizenship and Immigration Services is a government organization with their own policies and procedures that we must respect and follow in order to achieve the desired goal.
Another question that often arises from filing any forms is How long will this take? This is an especially significant yet daunting subject, when you’re anticipating bringing your loved one closer to you. The United States Citizenship and Immigration Services do have a processing times page on their website that can provide you with more information for your particular application! Depending on which visa your fiancé is found eligible for, there will be different processing times as well as fees and requirements. Filing any petition with the United States Citizenship and Immigration Services can quickly turn into a waiting game. A common misconception is that as attorneys, we can somehow expedite the process of obtaining a visa. However, that is not true, no matter how much an attorney might want to hurry things along once paperwork is filed, we too must comply with the processing times of USCIS.
It is important to educate yourself in the immigration law policies and procedures, in order to understand all of the processes involved and what to expect. Having realistic expectations of your immigration law case will be the most helpful thing to do during this time. If you’re unsure where to start or which visa your fiancé could qualify for - you can contact The Law Offices of Eugene Mogilevsky, LLC and schedule a consultation with our immigration attorney! You have the options of submitting a Contact Form through our website at https://www.egmlegal.com/contact/ or directly calling our office at (317) 743-7958.
Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.