U.S. IMMIGRATION
INFORMATION FOR RELATIVES

FIANCEES AND FIANCES

An immigration lawyer will often receive calls from people who have met over the Internet. Ten years ago, this wasn’t a reality yet today it is. Interestingly enough, this visa has the highest failure rate of any --- a whopping 42! Why? Many people try to prepare their own case without knowing the law. The biggest mistake you can make is thinking that immigration law is all about filling out forms. There is a lot more you need to know. A critical error in a case can not only delay it, but also keep you out of the United States.

Delays are difficult in this area of law because people want to be together. A fiancée visa takes at least 6 months to win (don’t believe rumors stating it takes 30 days….that's only one of 4 parts to this case) . There are many cases in this area that are blocked because of a simple criminal past, membership in a Communist Party (no, cancelling your membership 3 months before filing won’t save you), or communicable diseases. Preparing and filing waivers in advance of a denial can save you many months of stress and delays. To learn more about waivers, go to our WAIVERS section on the front page.

Be careful of something else that people often try to do; this will get you in serious trouble. People realize they do not want to wait six months (all times stated are average times) for the fiancée visa and the man or woman enters, stating at the border they are coming to visit friends or take a vacation. A little later, that person marries their fiancée or fiancé. Well, that entry is based on a lie. This deception is immigration fraud and that can get you barred from the country for an indefinite period of time. Immigration fraud also carries federal criminal consequences. Although the writer has never heard of this happening, it is possible, in legal theory, to charge you for counseling this person as a co-conspirator to a federal offence. This could carry a 5-year prison term as well as a $250,000 fine. Not a good idea!

For those of you who don't know, you have to be a U.S. citizen in order to apply for a fiancée visa. The person can enter for a period of 3 months, and then you either marry, in which case you apply for a Green Card (also called Resident Alien Card or Permanent Residence). No, the Green Card is not green any more!

Fiance Visa K-1

Tomorrow is the result of today's choices—
where will YOU be one year from now?