FAQ’s

What is the fastest way to get my fiancé(e) to America?

If you have a relationship with a foreign lady a fiancé(e) visa is your best option. Your fiancé(e)  will not qualify for a tourist visa, student visa or other visa type. The Embassy may look upon an application of these visa types as fraudulent and permanently ban your fiancé(e) from entering the USA. Presenting fraudulent documents, or making false or misleading statements on the application form or to the interviewing officer, can result in your fiancé(e) becoming permanently ineligible for any type of U.S. visa. Under section 212(a)(6)(c)(i).

I want my girlfriend to be able to come to see me in America to see if she likes it here first. Can my girlfriend get a tourist visa.

If you have a relationship with a foreign lady a fiancé(e) visa is your best option. Your fiancé(e)  will not qualify for a tourist visa, student visa or other visa type. The Embassy may look upon an application of these visa types as fraudulent and permanently ban your fiancé(e) from entering the USA. Presenting fraudulent documents, or making false or misleading statements on the application form or to the interviewing officer, can result in your fiancé(e) becoming permanently ineligible for any type of U.S. visa. Under section 212(a)(6)(c)(i).

Are there government fees to process a fiancé(e) visa in addition to your fee?

USCIS application fee: $535 (as of Dec. 2016), medical exam fee: $100-$250, Embassy interview fee: $275

What is the total processing time to get the visa?

This varies with the efficiency of the service center where your petition is being processed and the Embassy. To give you an example: in March 2010 the US Embassy in Bangkok had a processing time of two weeks, in June 2011 a processing time of 2 ½ months. In May 2010 the USCIS California service center had an average processing time of 2 ½ months. In February 2011 the USCIS Vermont and California service centers had an average processing time of 5 ½ months. In June 2011 the California service center has an average processing time of 3 months, and the Vermont service center had an average processing time of 4 months.

You should plan on an average processing time of 5-6 months, but check with us for up to date information.

The secret to fast processing is: getting the initial visa petition filed quickly,  experience and being prepare and ready to initiate each step in the process when that step becomes available for you to take.

When can I start the visa process?

If you have already met in person at any time in the last two years you can start the process now.

Do I have to be in my fiancé(e)’s country of residence to start the process or at any time during the process?

If you have already met in person you do not need to be in your fiancé(e)’s country of residence to start the process. You also do not need to be in your fiancé(e)’s country of residence at any time during the process. You do not need to attend the interview, as a matter of fact you are not permitted to attend. If you have only spent a short amount of time with your fiancé(e)  prior to the Embassy interview we encourage your return to your fiancé(e)’s country of residence to provide the Embassy with evidence that you have a bona fide relationship.

Is there a way to expedite the visa process, and make it go faster?

While USCIS and DOS have mechanisms in place to expedite visa petitions the only acceptable reason is if you are in the U.S. military and scheduled to be deployed.

Should I have a prenuptial agreement before I get married?

This is a very personal question and one answer doesn’t fit everyone. In general it is very prudent to have a prenuptial agreement, and foreign ladies are generally accepting of them. In order for the prenuptial agreement to be valid it must be completed prior to your fiancé(e)’s departure from her country of residence. You have time during the processing of the visa petition to learn more.

If I don’t earn the minimum income required do I have any options.

Yes, in order to qualify to sponsor your fiancé(e) you must have a minimum income based on the current poverty guideline. If you do not qualify, or earn the minimum income required, you can marry your fiancé(e) in your fiancé(e)’s country of residence and apply for a CR-1 alien relative (marriage) visa which permits you to have a co-sponsor. Please contact us for more information on how you can qualify.

What documents must I provide to show that I earn the minimum income that is required?

A current US tax return. If you have non-taxable income you will provide statements from the entity that provides your non-taxable income.

My fiancé(e) is HIV positive, can she get a visa.

As of January 2010 the Department of State and USCIS no longer test for HIV. If your fiancé(e) is HIV positive she is treated like any other person, and no one knows of her condition.

My fiancé(e) is transgendered, can she get a visa.

Yes. Immigration law allows for this but issuance of the visa is dependant upon the laws of the state in which you live (marry) and if that state allows marriages between transgendered persons. While the laws are clear and well documented, not all counselor officers have experience with this type of visa petition. We do have extensive experience.

What happens after we get the visa?

Upon issuance of the visa your fiancé(e) is given a 6 month window in which to depart her country of residence. Once your fiancé(e) arrives in the USA you will marry within 90 days and apply for her adjustment of status to become a legal permanent resident. It takes 3-6 months for USCIS to issue a green card, processing times vary with the work load of each local USCIS office. A properly prepared and complete application must be filed, your fiancé(e) will attend a bio-metrics appointment for photographing and fingerprinting, and the last step is an interview that you will both attend. Your fiancé(e) will be given conditional permanent resident status for 2 years. At the end of the 2 year period you both must file to lift the conditional status in order for your wife to  receive a 10 year green card. After continuous residence in the USA for 3 years your fiancé(e) can test to become a US citizen.

Can my fiancé(e) work in the USA?

Upon arrival in the USA you can apply for Employment Authorization. This application typically takes 30-45 days to process. Your fiancé(e) is also authorized to work upon receiving her green card.

Can I start the fiancé(e) visa application before my divorce is finalized?

No, you must both be free to marry before you can submit a fiancé(e) visa petition. If you have been divorce or widowed you must provide all final decrees or death certificates to show that any and all previous marriages have terminated. Initially you can submit documents to show that the last two marriages have terminated as this is all there is space for on the application forms.

Can I obtain a visa for a girl who has a negative employment record?

The real question being asked here is can I get a visa for a girl who has worked as a prostitute. The answer is yes. In many cases we will need to file a very complex waiver application, while we will handle the complexities, you need to expect a longer processing time.

Can I obtain a second fiancé(e) visa for another girl?

The International Marriage Brokers Regulation Act (IMBRA) states that you are limited to apply for one fiancé(e) visa within a 2 year period and a maximum of 2 in your lifetime. Our firm regularly obtains waivers to this act (we have never been denied a waiver) allowing our clients to obtain second visa within two years and more than two in a lifetime.

My girlfriend has chronic medical conditions: hepatitis B, HIV, and TB. Can she still qualify for a fiancé(e) visa or marriage visa?

Yes, under certain conditions. As stated elsewhere the US government no longer tests for HIV. For TB she will need to be treated until she is inactive and non-contagious. Hepatitis B is not a class A illness and will not have an effect on the visa application.

My fiancé(e) has a child, can her child get a visa as well?

Yes, your fiancé(e)’s child will be attached to your fiancé(e)’s visa application and both can receive a visa at the same time. You can also elect to delay the issuance of the child’s visa and compete the processing and issuance of the child’s visa at the Embassy within one year of the issuance of the mother’s visa.

I have a child with my fiancé(e) does our child need a visa?

No, as a child of a US citizen, you can obtain a US certificate of birth abroad and US passport for your child at the American Citizens Services Section of the US Embassy. You must prove paternity by proving that you were with your fiancé/wife when she became pregnant. If unconvinced the Embassy may require a DNA test.

Adjustment of Status question. My understanding is that once we get the K1 visa and she moves to the US, she can apply for adjustment of status immediately after we are married. Then she can apply for a work permit and SSN number immediately. My question is travel back to her home country to visit – can she do this on her passport once the adjustment of status is filed or do we still need to arrange for advanced parole to leave the country until the adjustment of status process is completed? How long does the adjustment of status process take? Can you apply for an advance parole to leave the country without a planned travel date – i.e. get approval in advance in case we decide to travel later?

A) Advance parole is required to travel outside the USA and return prior to the green card being issued. A fiancé(e) visa is a single entry visa. If a K-1 holder leaves the USA without having either an advance parole re-entry permit or a green card, they can not re-enter the USA. The advance parole application can be submitted at the same time as the green card application. When submitted at the same time there is no application fee for the advance parole application, otherwise a $305.00 fee applies. It typically takes USCIS 30-60 to process an advance parole application. Advance parole can be used prior to obtaining the green card. With the green card travel in and out of the United States is accomplished similarly to having a US passport. The advance parole can allow for non-specific travel if the application is correctly prepared.

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