Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

My fiance lives in the UK. I am a us citizen. we want to

Customer Question
Customer: ***** *****. My fiance...
Customer: ***** *****. My fiance lives in the UK. I am a us citizen. we want to marry. He also needs to work here. Should we marry first or should he try to get a work permit? We met in person in 2012 while he was here in Florida on vacation. We have all sorts of supporting documents of our relationship. What should we do?
JA: Thanks. Can you give me any more details about your issue?
Customer: sure. we don't know what do first. get married or find a job then get married. We just don't know where to begin. I have completed the on line form and waiting for his specific proof: passport pages ect.. Unfortunately, we are both in our 50's and still need to work. We are unable to set a wedding date because we just don't know how long his Visa will take.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: yes - willing to wait. Considering retaining counsel
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 38 minutes by:
1/21/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,272
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Either way, getting married in UK, and coming here on the immigrant visa or the K3 or you bringing him here on the K1 visa, all will take time and a lot of patience so be prepared.

The shortest process is the K1 fiance visa. He could be here in 6 months.

K-1

The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then you have to pay $1070 for the I-485

Unfortunately, you will have to be patient because it will take a total of about 6 months for you and she to go through the arduous process of her immigrating.
You will file form I-129F with the USCIS here in the US at the lockbox (PO Box) as per the instructions.
You must include with the form a G-325A for you and he along with 2 passport style photos of each of you.
You can find those forms and instructions at this link
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Once your petition is approved (it will take 3-4 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a notice and instructions for him to begin the visa process by submitting the DS-160 & 156K Visa Application.
After that is received the USCIS will request his background/security check be done by the FBI he will then receive her instructions for his medical and visa appointment.
He will be told what documentation to bring.
He should document your relationship with pictures, cards, emails, printouts of your skype conversations, etc.
After his interview he will be told to leave his passport and the immigrant visa packets will to sent back to him within 2 weeks at which time he may travel to the US. He has 4 months to use the visa.

Here is a great link to a flowchart with timelines

http://www.visajourney.com/content/k1flow

http://www.uscis.gov/files/article/A2eng.pdf

http://travel.state.gov/visa/immigrants/types/types_2994.html

Now if he came here as a visitor with no intent to marry and stay and you and he spontaneously decided to do so then you can file for him here after 60 days and he can remain in the US while waiting for approval. He would receive a work permit in approx 90 days after filing.

Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)

http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

That case held that the presumption of immigrant intent does not apply to immediate relatives if adjust ment is filed within 60 days.

However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your father why he was coming and if he was going back home and he answered "yes" but had abandoned all his ties to his home country then the USCIS could consider his statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

Ask Your Own Immigration Law Question
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,272
29,272 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I have applied for my spouse immigration visa and her
I have applied for my spouse immigration visa and her prority date is near and my green card expiring on 14th feb, 2018. I just applied for i90 for renewal of green card and my fingerprint appointment… read more
Expert James
Expert James
Doctoral Degree
11,694 satisfied customers
My wife will get her U.S. immigration visa really soon. I
my wife will get her U.S. immigration visa really soon. I have made travel arrangements, and she will have to go through Canada.My question is: will she need a transit visa? Or just an eta since her i… read more
Expert James
Expert James
Doctoral Degree
11,694 satisfied customers
Im currently filling out my non immigrant visa form which is
im currently filling out my non immigrant visa form which is a k1 visa but when i go to fill in what visa class on the site its not listed ..ti my understanding a k1 visa is an non immigrant visa.. so… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I am filling out DS 160 for B1/B2 visa for me and wife. We
I am filling out DS 160 for B1/B2 visa for me and wife. We have 18 years old daughter, which was born in U.S. and has U.S. citizenship. Now she lives with us outside of US. If we will answer the question "YES", meaning that we have immediate relative in the U.S, are we in lie position, stating she is "in the U.S." while she is "outside U.S." in fact? If answer will be NO - are we in the position of "hiding the fact of existence of immediate relative - U.S."? … read more
Edward Young
Edward Young
Juris Doctor
154 satisfied customers
My wife is refused immigrant visa under section 221(g) and
My wife is refused immigrant visa under section 221(g) and they are asking for further information. Some of the information they requested we don't have it. Specifically she was illegal in UK and she … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,272 satisfied customers
I applied for a US non-immigrant visa at the US consulate in
I applied for a US non-immigrant visa at the US consulate in Johannesburg on 27 Nov. The status of my visa application is administrative processing and yet I have received no notification as such. The… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I am filling the DS 260 immigrant visa form currently. I am
Hello, I am filling the DS 260 immigrant visa form currently. I am married to a US citizen, our 2 sons are US citizens and we live out of the US. In the form they ask if I intend to immigrate with my … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have been trying to fill out the ds-160 form for my
I have been trying to fill out the ds-160 form for my fiancee needs for her interview online and i can't seam to make the site work for me is there another way to do this … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,272 satisfied customers
I want an immigrants visa and I need someone to put me
I want an immigrants visa and I need someone to put me through on what do … read more
Bill Attorney
Bill Attorney
law
1,596 satisfied customers
Scared to go for immigrant visa interview. Lawyer handle the
Lawyer handle the case I just need a second opinion … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My immigration visa will expire on Dec. 12, 2017. I filed
i filed I-90 since March 2017 biometrics done in april but till now news from USCIS … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
How the Administrative Proceeding take on Immigrant visa
How long the Administrative Proceeding take on Immigrant visa after interview. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have a couple questions regarding the DS-160 for someone
Hello. I have a couple questions regarding the DS-160 for someone trying to invite their friend to visit:1. Is this DS-160 Form supposed to be completed by BOTH the person who is inviting and the pers… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I petitioned for my sister for an immigration visa in 2010
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes. Is there a way to expedite the process? She is currently waiting for a visa number I b… read more
Leena Kamat
Leena Kamat
Juris Doctor
96 satisfied customers
I petitioned for my sister for an immigration visa in 2010
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes and there is no way to expedite the process.I looked at ways to see if she can be hear … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I am have a DV immigrant visa pending for the USA. Still
Hello, I am have a DV immigrant visa pending for the USA. Still aiting for my interview in my country. Can I go to America for a month to do things like, to pass GMAT test, get eyelaser surgery, etc? … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,272 satisfied customers
Got a question regarding filling up my DS 160 form. Filling
Hi, Got a question regarding filling up my DS 160 form … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
FOR GUILLERMO while filling DS-160 application for F2 i came
FOR GUILLERMOwhile filling DS-160 application for F2 i came across the Q .Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x