K1 Fiancee Visas

I often write about the right and privilege of US citizens to file their own petitions for K1 Fiancee‘ visas (form 129-F is where you start).  A lot of “hoopla” circulates about the advantages/disadvantages of using an attorney for this process instead of doing it yourself.

Here’s a list of my opinions on this matter … remember that I am a lay person and not qualified to give legal advice.

In the vast majority of cases you do not need an attorney, nor do you need any third-party non-legal entity to help you with the forms.  However, there are certainly times you should consider competent legal advice:

1. You Can’t Read: Hmm, does that sound harsh … I mean if you got this far you certainly must be able to read, yes?  Well yes, but.  A lot of people can’t decipher the myriad of legalese that governs the submission and processing of the many pieces of paper you’ll have to deal with in this proce3ss.  If this includes you, better seek professional guidance sooner rather than later.  Mistakes avoided are much easier than mistakes that must be corr4cted.
2. Your Intended Has Any Connection With The Sex Trade: This one is much broader than it might first sound.  The US government seems almost paranoid about preventing any person entering who has been a sex worker.  Your fiancee worked in a bar, but only as a hostess, your fiance got arrested once but the case was dismissed, etc.?  If this resembles you in any way, run, do not walk to a competent legal practitioner.  His or her billing will be a lot less than the financial and time penalties you will pay otherwise.
3. Your Intended was previously Denied a Visa: It does not matter why.  This is a 100% indicator that you need an attorney.  It’s possible your intended may still be able to win a visa, but you need competent legal guidance before you submit even a single form.  You can’t say I didn’t warn you.
4. Your Intended has a record of Drug Use: Doesn’t matter if you feel the charges are true or trumped up, this is a big no-no.  nearly as big as the sax worker issue.  Again, no question, get legal advice before you submit anything.
5. Your Intended has Prior USCIS Unfavorable Actions: Say, she was previously denied a visa, was deported or some such offense.  Absolutely no question you need legal guidance here.  never, ever try to sweep these things under the rug … “they” will find out.

Okay, that’s the big five as I see them.  If you do need an attorney, please don’t try to use cousin Billy Bob who promised you to do the job cheap.  An attorney needs to be a specialist in the immigration field … not a jack of all trades … it’s your money, your visa, your life … choose wisely.  Here’s the USCIS’s own advice.