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.
If you’d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I’d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I’ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html
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.
716 830 7960
Related Questions & Answers
I want to sponsor my parents. i take food stamps. is this will affect the sponsoring... Asked 10/15/10, 2:39 pm in United States New York Immigration Law
A petition filed in 2001 for my father from his sister but because of a mistake it... Asked 10/14/10, 11:27 am in United States New York Immigration Law
Hi, my paralegal who was working on my immigration documents got arrested, i dont... Asked 10/05/10, 2:41 pm in United States New York Immigration Law
For Green Card application, is L1B visa or H1B visa better? Is there a separate... Asked 10/05/10, 11:18 am in United States New York Immigration Law
I work for a consultancy who is my employer. My end-client has a preferred vendor... Asked 10/03/10, 5:55 pm in United States New York Immigration Law