EP18: Should I Hire An Immigration Attorney For K1 Fiancé Visa?
K1 Fiancé Visa Process Can Be Difficult and Confusing.
Who should hire an attorney?
You have more money than time.
- If money is not an issue for you, then by all means, go hire an attorney to complete your case. Most people who feel that time is more valuable to them than a few thousand dollars should definitely seek this option. One thing I want to remind you of is that you must still review your application before it’s sent to USCIS. Don’t risk
You want someone else to fill out the forms.
- If you don’t have the money but still want someone else to fill out the forms, it may be an option for you to hire an attorney. I still believe that you should know exactly what was written on the forms to be sure it’s accurate.
You don’t want to learn about the process.
- Come on! Immigration is not that boring, ha-ha! Okay, I get it. You have better things to do with your time but think about your life with your fiancé (or spouse for those of you applying for CR1 visa)
You have a complicated case (criminal history, visa overstays).
- With a complicated case, it’s best that you speak with an immigration attorney. I’m talking about cases with a criminal history or visa overstays and unlawful presence time.
Related Post: How Much Will An Immigration Attorney Cost?
Do I Have A Better Chance of Getting Approved With a Lawyer?
I get this question a lot.
Many couples who are on the fence about submitting their own petition wonder whether simply hiring an attorney will make USCIS approve their case faster or at all.
A lawyer will NOT have a better chance of approval.
- Unfortunately, using an immigration lawyer will not make your case get approved or processed any faster than if you submitted your own application. A lawyer will simply help fill out the forms and provide answers to some of your questions, that’s it. Save some money and consider enrolling in the interactive K1 visa course at the Migrant Academy.
It’s all based on whether you submitted the right documents and evidence.
- If you want your case to be approved, be sure that you complete the forms correctly and then submit the right supporting evidence. If you chose to go with a lawyer, you still need to review everything that is being submitted to USCIS.
If K1 denied, should I use a lawyer to appeal?
First, find out why you were denied.
- Before you decide on the next plan, you should find out why your K1 visa application was denied in the first place. If it’s simply that you forgot to include an important document; reapply yourself with a stronger case.
I almost always recommend reapplying or choosing the spouse visa.
- If your case was denied because of fraud or because it was weak, you should get married and then apply for the CR1 spouse visa. Many high fraud countries have a better chance getting the CR1 spouse visa approved rather than the K1 visa. Take a look at our interactive CR1 spouse visa course, a complete guide to filing your spouse visa step-by-step in a fun and easy to understand way.
Can an Immigration Lawyer Attend The Consulate Interview?
You are allowed to bring an attorney.
- Thankfully, some consulates and embassies allow you to bring your attorney to the interview. But, you should double check this because I know that others have limited space and therefore, may not allow this.
A lawyer can prepare you for the interview.
- Getting ready for the interview is really important to get your case approved. You want to be ready for some of the questions that you may be asked. If paying thousands of dollars for an attorney to help you prepare for the interview is ridiculous, consider signing up for the K1 visa course at the Migrant Academy. You’ll be able to practice some of the questions using our state-of-the-art quiz that helps you respond to the immigration officer confidently.
Ayan is the founder of the Migrant Academy community, the My Path To Citizenship Blog and Podcast.
After successfully navigating the hurdles of US immigration. She now dedicates her time to helping other couples achieve their goals of starting their new life together in the US.