Fiance visa

[docdoc 0]

Hi,

 

I and my boyfriend of almost 7 years want to file for fiancé visa now. The situation is this: He has applied for tourist visa in 2020 but was denied because "of not providing strong ties with his home country." We then tried again for another tourist visa, but this time is pending due to Covid. Now we have decided to apply for finance visa. The reason why we did not do this sooner or before the tourist visa was because we were not ready to take the relationship to the next step (we both were in school and had other things going on). 

Do you think I need a lawyer to help me with the process or is this something I can do myself? (I am familiar with the process meaning that I have applied for my naturalization before and know the nature of the paperwork and stuff). Is my case a complicated case? We don't want to risk another denial, but also spoke with a lawyer and she said that tourist visa get denied all the time and the reason why he got denied was not a big deal. She also said that I should hire a lawyer just because the USCIS takes the matter more seriously (I do not see how). The only reason I do not want to hire one because the whole process is pricey and I do not think we can afford it now, but if its 100% guaranteed we are willing to pay for it. 

Also, just for background info; none of us were previously married; no criminal record; no kids; we have been meeting once-twice a year; either I go to Albania (where he is from) or we meet in Europe. Last time we met was this summer, Aug 2021 and will probably meet again in January 2022.  I am US citizen by naturalization. 

 

Any input is appreciated. Thank you. 

Edited October 20, 2021 by docdoc

[Crazy Cat 42,057]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months after filing the I-131)    
    Spouse can not work until she/he receives EAD (approx 6-8 months after filing the I-765)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited October 20, 2021 by Crazy Cat

[JeanneAdil 6,608]

No lawyer needed 

the process is simple and straightforward if there are no issues like a criminal background

 

and hiring a lawyer doesn't make the case more serious / lawyers only get your documents (u do the work of getting things together) ,   make out the petition (and they often make mistakes which u are responsible for) and copy and mail them in 

read thru the guides above and apply 

 

and yes tourist visas are denied all the time/  not the same with fiancee or spousal visa with good solid evidence of meeting and establishing the relationship

[Dashinka 24,727]

Your case does not sound too complicated.  My now wife applied for and was denied a B2 visa twice before we finally decided to take the K1 route.  As long as there are no other issues such as criminal convictions, etc. which you said does not apply here, it is all about filling out the forms and assembling the submission package properly and luckily there are sites like VJ with members that are happy to answer questions.

 

Good Luck!

Edited October 20, 2021 by Dashinka

[powerpuff 6,747]

~ Moved from K1 Case Filing & Progress Reports to K1 P&P ~

[Boiler 45,932]

Going to be tricky getting a B from Albania 

 

I expect you will be better off getting married and going that route

[SusieQQQ 11,587]

2 hours ago, docdoc said:

She also said that I should hire a lawyer just because the USCIS takes the matter more seriously (I do not see how).

I think she meant, you should hire a lawyer so a lawyer can get paid. If the case is not complicated you don’t need a lawyer. If there are any complications then one could be advised. Plenty of people have done it DIY and guides and help here on VJ.

[SteveInBostonI130 3,480]

3 hours ago, docdoc said:

She also said that I should hire a lawyer just because the USCIS takes the matter more seriously (I do not see how). 

 

USCIS treats petitions filed by lawyers very seriously.  They love sending out RFE's for mistakes made by them and delaying the case.

 

Here's a post from yesterday about someone's recent lawyer experience:

 

23 hours ago, Tatiana S said:

We consulted with a lawyer and he said that we have a chance and need to try. 

But the lawyer's assistant made a mistake in the one document and wrote a completely different name instead of my fiance's name.🤦‍♀️
When we noticed this, they managed to get the letter from the mailbox and correct before it was sent.
But now I have no confidence in this lawyer.

 

[SalishSea 18,078]

4 hours ago, docdoc said:

She also said that I should hire a lawyer just because the USCIS takes the matter more seriously (I do not see how). The only reason I do not want to hire one because the whole process is pricey and I do not think we can afford it now, but if its 100% guaranteed we are willing to pay for it. 

This is not correct.

 

How would a lawyer be able to guarantee a visa to anyone?  Wow.

[millefleur 5,047]

1 hour ago, SusieQQQ said:

I think she meant, you should hire a lawyer so a lawyer can get paid.

Exactly, haha.

 

4 hours ago, docdoc said:

The only reason I do not want to hire one because the whole process is pricey and I do not think we can afford it now, but if its 100% guaranteed we are willing to pay for it. 

Lawyers can never 100% guarantee successful outcome. A good, honest lawyer will tell you that up front. If you see a lawyer peddling 100% guaranteed results, run away from them. They're dishonest and are just looking for easy targets to make money off of.

[Jose&Jeff 126]

A normal petition without complications is very easy to prepare. Like someone said before, consider the spousal visa instead of the k1 if that works for you. In the past k1 visas had the advantage of being faster but now everything takes ages so that advantage is no longer relevant.

 

I came to the US on a k1 and let me tell you that the months I lived without being able to work or leaving the country were awful. Not only I felt bad to live at my husband's expenses, staying at home without my friends and family all day was driving me insane.

 

Lastly, I worked for a few months at an immigration lawyer and in my personal experience my boss was an amazing person, but she would be the first to tell you that no petition is guaranteed and that having a lawyer does not make things go faster. Actually, for simple cases like yours, they were put on the bottom of the pile and priority was given to complicated cases that are time sensitive like asylum requests, criminal background, writing wavers, etc. They also do not get the documents you need, you still need to do all the work. They just explain what is requested, give you a check-list and make sure everything is put together at the end. For some people this may be important, especially if they have problems understanding the instructions or have complicated backgrounds, but you seem on top of it.

[Redro 4,611]

A friend of mine was refused a B visa 2 or maybe even 3 times. He was successful with his CR1 application (and was actually able to receive a B visa while his CR1 was pending). You should be fine, but consider going the CR1 route as K1 are taking just as long and your partner might feel constrained when they arrive to the States and won't be able to drive, or work or go to school (as a resident). 

[Rocio0010 5,612]

23 hours ago, docdoc said:

She also said that I should hire a lawyer just because the USCIS takes the matter more seriously (I do not see how).

Not quite. I have seen lawyers making all kinds of mistakes and never refund the money. I personally don’t think that there is something the lawyer can do that you can’t and yours looks like a straightforward case.

just keep in mind that the K1 is taking almost as long as the CR1, but with the CR1 once it is issued and you activate it by entering the US, you are automatically granted residency and can work and exit and come back without further issues.

If I were you, I would spend the next few days educating yourself about the CR and K1 visas. And I would not hire an attorney. 
I’m not saying all attorneys are bad, but the bottom message is that nobody cares about your immigration process like you do.

 

[KayDeeCee 4,895]

On 10/20/2021 at 11:29 AM, docdoc said:

Hi,

 

I and my boyfriend of almost 7 years want to file for fiancé visa now. The situation is this: He has applied for tourist visa in 2020 but was denied because "of not providing strong ties with his home country." We then tried again for another tourist visa, but this time is pending due to Covid. Now we have decided to apply for finance visa. The reason why we did not do this sooner or before the tourist visa was because we were not ready to take the relationship to the next step (we both were in school and had other things going on). 

Do you think I need a lawyer to help me with the process or is this something I can do myself? (I am familiar with the process meaning that I have applied for my naturalization before and know the nature of the paperwork and stuff). Is my case a complicated case? We don't want to risk another denial, but also spoke with a lawyer and she said that tourist visa get denied all the time and the reason why he got denied was not a big deal. She also said that I should hire a lawyer just because the USCIS takes the matter more seriously (I do not see how). The only reason I do not want to hire one because the whole process is pricey and I do not think we can afford it now, but if its 100% guaranteed we are willing to pay for it. 

Also, just for background info; none of us were previously married; no criminal record; no kids; we have been meeting once-twice a year; either I go to Albania (where he is from) or we meet in Europe. Last time we met was this summer, Aug 2021 and will probably meet again in January 2022.  I am US citizen by naturalization. 

 

Any input is appreciated. Thank you. 

Lawyers don't/can't/shouldn't guarantee they can get you a visa. 

 

Being denied a tourist visa for that reason has no impact on qualifying for a K-1. My husband was denied 2 or 3 times before getting his K-1. This doesn't complicate your case.

 

Only hire an attorney if you feel unable to read all the form instructions and fill them out yourself. You will be providing all the info to the lawyer anyway. 

[Ted277 40]

On 10/20/2021 at 7:15 PM, Boiler said:

Going to be tricky getting a B from Albania 

 

I expect you will be better off getting married and going that route

People still get approved through K1, everything is not CR-1. 
 

she doesn’t have any issue so let her do K1