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Fiance visa info

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flaca321

Member
What is the name of your state? CA
Has anybody been through a fiancé visa process? I've been reading about it on many websites and they don't agree on what the forms to be filed are. What are the type of questions they ask the foreign fiancé at the American embassy? Are they tricky? Is it advisable to get an attorney's help? If so, does anybody know someone whose fees are not so high?
Thanks
 


ImmigAttyLana

Senior Member
The process is fairly straightforward if the relationship is a bona fide one. You can do it yourself or you can hire an attorney. The cost for an attorney to assist with such a matter should really not be very costly but you need to shop around to find one you are comfortable with.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

flaca321

Member
Thanks for your answer.
I was thinking about having an attorney help us becuase the situation is not SO easy. I met my fiance last year, when I was on a tourist visa. We've been together for 2 months. I asked for an extension of my stay but it was rejected so I had to come back to my country. Two months later I applied for a student visa so that I could go to the US again and my student visa was rejected and they also cancelled my tourist visa. We thought the Fiance visa is the only alternative I have to meet him again, but I don't knoe if what we have (pictures) is enough evidence of our relationship. And, since they rejected me the student visa and cancelled my tourist visa last month I'm afraid they reject the fiance visa, too. That's the reason why I wanted to consult an attorney. Do you think I have chances to get the K-1 visa? Do you know what the processing time in CA is?
Thanks.
 

ImmigAttyLana

Senior Member
Yes, I think you have a chance of getting the K-1 visa, but I am unable to comment further without knowing and seeing the specific evidence you have. The processing times for the fiancee visa petition in California is currently about 3-4 months for the USCIS and then another couple of months for the Consulate but it really depends on what country you are in to determine how long the wait for the interview there will be.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

flaca321

Member
Well, I've been in the US last year for 7 months, but I met my fiance 2 months before coming home. We have dated pictures of us together - hugged - (at the beach, restaurants, in his place, etc.). We have some other pictures that are not dated, though. We usually talk over the phone but we use phone cards! I only have one call from my home phone. I think that's the only evidence we have. I'm wondering if that's enough. I don't want to pay an attorney who, after being shown the pictures, say "That's not enough, you don't have many chances to get that visa". :)
And what are the forms he (US citizen) has to file?
Thanks.
 

evcalyptos

Senior Member
flaca321 said:
my student visa was rejected and they also cancelled my tourist visa. We thought the Fiance visa is the only alternative I have to meet him again,
The Fiance Visa has a very specific purpose: to legally marry a specific US citizen within 90 days. It is not for the purpose of 'meeting him again'. If not married within 90 days, you may not be able to adjust your status and would be deportable.

You and he must affirm (swear) that you are able and plan to marry each other within your first 90 days in the US. Lying in such a document could have very serious penalties attached for either or both of you.

In the Life Advice category, based on my read, you are not prepared to marry (and I do take the marriage-thing seriously) and the Fiance Visa is not appropriate for you. If I'm wrong, he can always come to your home country and you can be together there.
 

flaca321

Member
I read that if we decide we are not ready to get married within 90 days I have to come back and neither of us should have any penalty. At least we wanted to try to be together some more time and see what happens. :) That's why we need to know if we are eligible to do that and if the evidence we have is enough. Does anybody know?
Thanks.
 

evcalyptos

Senior Member
flaca321 said:
I read that if we decide we are not ready to get married within 90 days I have to come back and neither of us should have any penalty. At least we wanted to try to be together some more time and see what happens. :) That's why we need to know if we are eligible to do that and if the evidence we have is enough. Does anybody know?
Thanks.
Based on what you write, you are not eligible. Part of the initial US citizen petition includes the sworn statements I describe above. Unless you are prepared to lie in pursuit of your boyfriend, it is a no-go.
I don't doubt that you are prepared to tell a "white lie" to be with your BF for a few more months, but doing so may affect your future. Why not have him come to visit you?
 

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