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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109685
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to inform about the difference between a spouse visa

Customer Question

I want to inform about the difference between a spouse visa and fiance visa. Isn't it right that by a spouse visa the IMRA law don't apply? Do they look at convictions of the US citenzen by both spouse and fiance visa? Or by the spouse visa consider they only the AWA? Is the decision of the USCIS subjective or objective? My fiance has convictions of drugs so they probably will determine if he expose a danger to us I Think? What are our chances? Can you apply for an fiance visa when he is still incarcerated?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Here is the official link: https://travel.state.gov/content/visas/en/general/IMBRA.html Unfortunately, it applies to fiancés as well as spouses. The decision of USCIS is subjective as well. Your fiancé has one chance without the possibility of an appeal to prove to the U.S. government that he is not a danger to you. So as far as your chances, it depends on what he has been convicted of, how many times, how long ago, etc. He can apply for a K-1 while he is incarcerated, but you cannot get Residency until he is released because he has to be able to go to the marriage interview after you are married and file the I-485. USCIS will not go to him or allow him to appear telephonically. I am truly sorry. I wish I had better news for you. Hopefully he will be able to prove that he is not a danger to you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello Jolanda. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!