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Yes!

First, let me readily admit that there is no requirement that you hire legal counsel to help process your K1 Fiance Visa. But, I strongly recommend it.

Ive recently reviewed several online sites that claim to offer full K1 Fiance Visa preparation service at more than half of what I charge. In my opinion, you would be better offer to save a few hundred dollars and do it yourself than hire a company that does not have attorneys doing the work. Its a matter of care.

With experienced legal Counsel, you can insure that the process will proceed correctly and without any unnecessary delay. Lawyers are duty bound and obligated to handle your matter with the highest level of care.This means that the clients interest comes first before anything else. In plain English, this means that the care extended to the client supersedes any economic motive of the law firm.  This stands in stark contrast to the many non legal organizations and businesses who process visas and immigration paperwork  like Immigration law firms. I see such companies everywhere on the Internet, located all around the world and many times next to US Embassies. There is obviously a market for rock bottom prices for immigration work, but  I am always sceptical of who is actually doing the work and what shortcuts are being taken to make a profit at such a low price.

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The Petitioner for a Fiance Visa must generally show that he or she earns income in access of the US Federal Poverty Guidelines for the size of your intended family for the most recent calendar year. The Federal Poverty Guidelines are published by the US Department of Health and Human Services. Although the Petitioner for a Fiance Visa only has to earn in excess of the Federal Poverty Guidelines, you should be aware that the income requirement of a CR1 Marriage Visa or Green Card is 125% above the US Poverty Guideline. This is important to know because after obtaining the Fiance Visa, you will be required to apply for a Green Card and the 125% requirement will be imposed.

The income for a Fiance Visa must come from a US based source (an exception is for U.S. military stationed or on deployment overseas, and also for Department of Defense Contractors).

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To obtain a Fiance Visa, you will need to fill out and submit USCIS form I-129f. This form is called Petition for Alien Fiance(e). The form is about three pages long. You will also need to submit USCIS form G-325A for the petitioner and the foreign fiance. These three forms along with all the supporting evidence of a bona fide relationship must be submitted to USCIS.  If there are minor age children of the fiance who need visas as well, their names must be listed on form I-129f.

Once approved by USCIS, the Fiance Visa application and approval is transferred to the US Embassy nearest to the residence of the foreign fiance(e). The US Embassy has their own forms to submit, which can include any combination of the following fiance visa forms, DS 230, DS 156, DS 156k, and DS 157. Each US Embassy has their own set or procedures for submitting forms and evidence and its important that you obtain their current instructions for processing your fiance visa. (See Update on new DS 160 Online form)

If you have any questions or wish to discuss your plans to obtain a K1 Fiance Visa, please feel free to call me at 1-888-515-3529.

Obtaining a K1 Fiance Visa is essentially a two part process. First, you must file form I-129f and a G-325A for both of the parties. These forms along with several required documents must be filed with USCIS to obtain your Fiance Visa. Form I-129f will provide you with the current filing location and address. Make sure you are using the most recent forms for the most current information. Your application for a Fiancee Visa will stay with USCIS until a decision is made in 4-5 months. Once approved, USCIS will advise the US Embassy closest to where your foreign fiancee lives that you have been approved for your K1 Visa. You will be notified by the US Embassy when they are ready to work with you. Working with the US Embassy is the second part of the process.

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What makes the CR1 and IR1 Marriage Visas so great is that they come with a Green Card. Once issued, there is no need to do anything else to obtain your Legal Permanent Residency….”Green Card”.  This means no application for an Adjustment of Status! This benefit of the Marriage Visas is in stark contrast to the K1 Fiance Visa, which requires the Beneficiary, once married, to apply for Legal Permanent Residency.In most cases, applying for a Green Card takes hours of legal work, several months of waiting and the filing fees alone are over one thousand dollars.

If you have any questions or would like to discuss the benefits of a Marriage Visa by comparison to a Finace Visa and what Visa is best for you, please feel free to call me at 1-888-515-3529.

Jeffrey C. Pettys

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