Legal Question in Immigration Law in New York


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?


Asked on 10/15/10, 7:30 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

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 youd like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and Id 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 Ill 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 doesnt create an attorney-client relationship. For more information or to schedule a consultation, please visit

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Answered on 10/20/10, 7:57 pm

Nicklaus Misiti Misiti Global, PLLC.

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.


Nick Misiti

Misiti Global

716 830 7960

[email protected]

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Answered on 10/20/10, 8:02 pm

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