Fiance Visa, Do I need a Lawyer

[Radvill 1]

Hello Visa Journey Friends,

Perhaps you can help with some information. I am an American who is working to get my fiance to the States so that we can get married. We will probably spend a few months there and then go back to the Philippines to continue working. (We work as missionaries with a team, that is how I met him.) My question is this: Do I have to have a lawyer involved in order to get him to the States on a K1 Visa? I would like to keep this as inexpensive (yeah right!) as possible and if its not necessary to have a lawyer, then I would like to avoid it.

If it is suggested to have a lawyer, about how much are the fees? Does anyone have suggestions of lawyers?

Thanks!

Edited February 28, 2011 by Radvill

[Tero 105]

The whole process is easy enough for you to be able to do it yourself. If there is nothing in your immigration history that might probably cause some complications. Most members do it themselves because lawyers are very expensive as they charge thousands and still have no guarantee for an approval. My advise is do not waste your time and money on a lawyer for something you can do yourself.

[Anh map 2,098]

If you are not planning on residing in the US for an extended period of time why go through the expense and effort of obtaining the K1 visa if it will not lead to your future spouse being able to obtain/retain a green card?

[amykathleen2005 441]

My advice, get married and then get a CR-1 spousal visa (or in fact DCF) when you are good and ready to settle in the US PERMANENTLY. A green card is not an unlimited visa. You have to be in the US as a resident for most of the time (hence the name) if you aren't going to use it as such then don't bother applying as you will only lose it later on.

[Boiler 43,394]

Sponsorship might be an issue for a K1.

[Scott and Mhay 57]

as long as you have a straight forward case like the majority of people, you can do it yourself. You can ask as many questions as you want here and get through the process.

[SophWeb 25]

My advice, get married and then get a CR-1 spousal visa (or in fact DCF) when you are good and ready to settle in the US PERMANENTLY. A green card is not an unlimited visa. You have to be in the US as a resident for most of the time (hence the name) if you aren't going to use it as such then don't bother applying as you will only lose it later on.

Completely agree. If you have no intention of residing permanently in the U.S. then a K-1 visa is a complete waste of your time and money. K-1 is for people who want to permanently immigrate to the U.S.

Once entering with that visa (which takes at least 6-9 months to get), you would have to Adjust Status and get your Greencard, which can take at least 3 months (more like 6-10). And even then, you would have to retain permanent residency in the U.S. to keep that Greencard.

If you apply for a K-1 visa, marry and then leave without Adjusting Status and receiving your Greencard, you will just have to do the whole process again with the CR-1 visa (visa for the married spouse of a U.S. citizen) when you two want to live in the U.S.

Is the issue that you want to marry your fiance in front of your immediate family and friends in the U.S.?

[Radvill 1]

Completely agree. If you have no intention of residing permanently in the U.S. then a K-1 visa is a complete waste of your time and money. K-1 is for people who want to permanently immigrate to the U.S.

Once entering with that visa (which takes at least 6-9 months to get), you would have to Adjust Status and get your Greencard, which can take at least 3 months (more like 6-10). And even then, you would have to retain permanent residency in the U.S. to keep that Greencard.

If you apply for a K-1 visa, marry and then leave without Adjusting Status and receiving your Greencard, you will just have to do the whole process again with the CR-1 visa (visa for the married spouse of a U.S. citizen) when you two want to live in the U.S.

Is the issue that you want to marry your fiance in front of your immediate family and friends in the U.S.?

Yes, that is pretty much the issue. My family and I are very close and they would really like to meet him. We have come to terms with the fact that it would be much cheaper to get his fiancee visa than for everyone to pay for tickets to the Philippines when we get married. And I feel its really important for him to have a taste of my culture before we tie the knot. Even just for a couple of months and then return to the Philippines. Is there any other way to make this happen besides a fiance visa?

[Radvill 1]

Sponsorship might be an issue for a K1.

Hello, thank you for your response! Can you explain what you mean?

[Boiler 43,394]

Have a look at the I 134, I was sort of assuming your line of work is not well paid and Manilla does not like co sponsors.

There is also the issue of domicile, but you might be able to work around that.

[Anh map 2,098]

Hello, thank you for your response! Can you explain what you mean?

You will need to demonstrate a current and ongoing income of at least $18, 212 as well as a US domicile. While many embassies do allow for a joint sponsor, Manila is one that is less accepting of joint (co) sponsors.

If you cannot show that you currently earn enough you can use assets (in your name) to make up the income shortfall. The assets are factored at a 3:1 ratio. ( $3 in assets = $1 in income )

[VanessaTony 3,567]

Hello, thank you for your response! Can you explain what you mean?

Agree with Boiler.

When you do the K1 visa you will need to complete an I-134 which is the financial support document. You need to prove that you live in the US (currently) and that you earn above a certain amount. I don't know whether the Philippines uses the 100% or 125% but if the latter you need to earn $18,212 for a 2 person household (you and your fiance). If you applied for a spousal visa you could use a co-sponsor, but because you're applying for a fiance/e visa you need to earn this amount yourself because Manilla doesn't like co-sponsors for fiance/e visas.

[SophWeb 25]

Yes, that is pretty much the issue. My family and I are very close and they would really like to meet him. We have come to terms with the fact that it would be much cheaper to get his fiancee visa than for everyone to pay for tickets to the Philippines when we get married. And I feel its really important for him to have a taste of my culture before we tie the knot. Even just for a couple of months and then return to the Philippines. Is there any other way to make this happen besides a fiance visa?

If I was in your situation, I would just visit the U.S. on a tourist visa and not get married. That way your family can still meet him. I know being married is very important, but I would hold off on tying the knot until you know where you intend to live permanently. Otherwise navigating the Immigration process while jumping between countries can be a headache, to say the least.

If you do go that route, make sure your fiance has ample evidence with him of his strong ties to Philippines- rental agreements, letters from employers expecting him back at work on a certain date, any financial responsibilities etc. Otherwise the Immigration Officer at your POE may look at the two of you (as a couple), assume that you are intending to marry and stay in the U.S. and deny your fiance entry.

It's slightly risky, because you may run into a crazy Immigration Officer. But far less risky than attempting to enter the U.S. on a tourist visa and intending to get married.