I got engaged in Nov. 08 in Pakistan, revisited my fiance in Oct. 09 and we are ready to get married now. I spoke to an attorney and he suggested we apply for I-130 (spouse) instead of K1 (fiancee). He said since K1 frauds are on a rise, USCIS is investigating every case thoroughly so it's taking longer even for legit cases. We can get married in Pakistan and then we can apply for I-130 and it'll be faster. Would it be better for me to file for K1 fiance visa or I-130 Spouse visa?
2 Answers from Attorneys
It really depends on what do you want to do -- to marry your fiance in Pakistan or bring him/her to USA and marry in USA.
I can't say that Fiance visas take long. On average, it takes about 4-5 months to get an approval of the petition from the USCIS, and then additional few weeks or months for the consular processing of a visa. Usually, an immigrant visa for a spouse takes longer. If there are real concenrs about legitimacy of the relationship, it applies equally to Fiance and Immigrant visas. It doesn't apply to only Fiance visas.
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My experience is that the K-1 is much faster. Immigration fraud is an issue for k1 visas and spousal petitions. If yours isn't fraudulent it's not too hard to show that it is legit. You should speak to and retain a different attorney, his advice does not sound too good. For a free consultation give me a call. I have offices in Manhattan and Brooklyn.
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