Fiance Visa Attorney

During our years of practicing K-1 visa law we have observed that many of our clients have a high anxiety level regarding the fiance visa process. Our clients want to bring their fiancees to the United States as quickly as possible while ensuring that the process is not intimidating or frightening for their foreign fiancees.

We have designed our firm around two central ideas:

We must always complete all fiancee visa petitions quickly and accurately.

We must ensure that both the client and the foreign fiancee do not worry about the fiancee visa process. We accomplish this by making sure that we explain the entire process and the time frames involved to the client and his fiance and by always being available to answer any question and address all concerns.

Why Hire Us?

Under American law, all single US citizens who have met their fiancee in person in the past two years have an absolute right to bring their fiancee to the US. Unfortunately many attempts to bring over foreign brides do not succeed because of the numerous pitfalls in the fiancee visa process. Our fiance visa attorneys know where these pitfalls lie and know how to navigate them. We know what supporting documents the USCIS is looking for and the best way to present your situation so that the fiancee visa gets approved.

We make certain that your K-1 visa petition is done right the first time. We include a customized cover letter with each petition that lists all supporting documentation and leads the USCIS examiner through the petition. We find that providing an excellent cover letter greatly speeds processing and ensures approval.

To find out details about the fiancee visa process, our firm’s procedures for preparation and submission of the petition and an analysis of common situations which may apply to you, please click on the K1 visa Guide .

Many clients have written to us and thanked us for our services. To see some clients comments, please click on Testimonials.

We only take cases which we know will succeed and guarantee that we will fully appeal any cases that are not immediately approved for no extra charge. We tell all callers whose cases we don’t take why we think their petition will fail and what actions they must take to guarantee success.

The fiancee visa lawyer you choose does make a difference. When you hire us, you are hiring lawyers with more than 10 years of experience in successfully representing fiance visa clients.

We find that telephone communication is far more effective than email. Speaking on the telephone enables clients and potential clients to ask us questions and address concerns and receive immediate responses and answers. Additionally, telephone communication helps us to develop a personal attorney-client relationship with our clients.

Who is processing all visa Cases?

All visa cases personally overseen by expert fiance visa and marriage visa attorney Deborah Weber; Minnesota Attorney Id 0313956.

Do we handle cases nationwide?

Weber & Associates law firm handles cases nationwide.

What experience do we have with difficult cases?

Our law firm is experienced in dealing with difficult cases, including cases involving the Adam Walsh Act and IMBRA.

What is our success rate?

We have a 99% success rate.

Where are we located and licensed?

We have offices in the USA, China, The Philippines, Colombia, Ukraine, Russia and Canada. We are licensed under federal statute to practice immigration law in all 50 states.

How many cases do we handle each year?

We handle over 200 visa cases successfully year with fast turn around time.

United States Fiance visa Requirements

The following are the basic requirements to obtain a Fiance visa:

  • The petitioner must be an American citizen.
  • The petitioner and beneficiary must be free to marry (widowed, divorced or never married).
  • The petitioner and beneficiary must have met in person within the 2 years immediately preceding the date of filing the fiance visa petition.
  • The petitioner and beneficiary must establish the that they have a genuine romantic relationship. My clients have never had a problem with this requirement. We know how to document the relationship for the USCIS.
  • The petitioner must have an income sufficient to satisfy the fiance visa affidavit of support. In most cases a co-sponsor is sufficient if the petitioner does not have enough income.

Requirements to Obtain a CR-1 Marriage Visa

  • The petitioner must be a US citizen;
  • The petitioner and beneficiary must be legally married;
  • The petitioner and beneficiary must establish the romantic bona fides of the relationship (prove that the marriage was not entered into for immigration purposes)
  • The petitioner must be able to meet the income requirements of the marriage visa affidavit of support (I-864).

Fiance Visa Affidavit of Support Requirements

Stable Income History


The American citizen petitioner must establish a history of stable earnings. Specifically, the petitioner must provide at least one tax return showing at least the minimum required income. VA benefits, retirement benefits, Social Security retirement or disability are all good and valid sources of earnings for the purpose of the fiance visa affidavit of support.

The petitioner must execute the fiance visa affidavit of support at the end of the case in time for the foreign fiance to bring the executed affidavit to her interview.

U.S. Domestically Based Earnings


The income to satisfy the affidavit of support must be from U.S. based earnings. There is an exception for U.S. military stationed or on deployment abroad, and also for Department of Defense Contractors.

Assets Instead of Earnings


Generally, the consulates abroad do not accept proof of assets (instead of earnings) to satisfy the affidavit of support requirements. We have had some success in obtaining fiance visas in cases where the petitioner had substantial assets and limited income.

Co-sponsorship for the Affidavit of Support


Generally the consulates will accept a co-sponsor to satisfy the fiance visa affidavit of support requirements.

Amount of Earnings


For purposes of the fiance visa affidavit of support, earnings are defined as income after business deductions as reported on your personal income tax returns. The amount of income required is based on poverty guidelines published by the Department of Health and Human Services and is based on the number of dependants you have.

To obtain an approved fiance visa you must have stable earnings greater than the published poverty guideline numbers.

2013 Poverty Guidelines

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
Sponsor’s Household Size 100% of HHS Poverty Guidelines* 125% of HHS Poverty Guidelines*
For sponsors on active duty in the
U.S. Armed Forces who are petitioning
for their spouse or child
For all other sponsors
2 $15,510 $19,387
3 $19,530 $24,412
4 $23,550 $29,437
5 $27,570 $34,462
6 $31,590 $39,487
7 $35,610 $44,512
8 $39,630 $49,537
Add $4,020 for eachadditional person. Add $5,025 for eachadditional person.

 

For Alaska:
Sponsor’s Household Size 100% of HHS Poverty Guidelines* 125% of HHS Poverty Guidelines*
For sponsors on active duty in the
U.S. Armed Forces who are petitioning
for their spouse or child
For all other sponsors
2 $19,380 $24,225
3 $24,410 $30,512
4 $29,440 $36,800
5 $34,470 $43,087
6 $39,500 $49,375
7 $44,530 $55,662
8 $49,560 $61,950
Add $5,030 for each additional person. Add $6,287 for each additional person.

 

For Hawaii:
Sponsor’s Household Size 100% of HHS Poverty Guidelines* 125% of HHS Poverty Guidelines*
For sponsors on active duty in the
U.S. Armed Forces who are petitioning
for their spouse or child
For all other sponsors
2 $17,850 $22,312
3 $22,470 $28,087
4 $27,090 $33,862
5 $31,710 $39,637
6 $36,330 $45,412
7 $40,950 $51,187
8 $45,570 $56,962
Add $4,620 for each additional person. Add $5,025 for each additional person.

Federal Means-Tested Public Benefits.
To date, Federal agencies administering benefit programs have determined that Federal means-tested public
benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP).

State Means-Tested Public Benefits.
Each State will determine which, if any, of its public benefits are means-tested. If a State determines that it has programs which meet this definition, it is encouraged to provide notice to the public on which programs are included. Check with the State public assistance office to determine which, if any, State assistance programs have been determined to be State means-tested public benefits.

Programs Not Included:
The following Federal and State programs are not included as means-tested benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or
adoption assistance under the Social Security Act; Head Start Programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

* These poverty guidelines remain in effect for use with Form I-864, Affidavit of Support, from March 1, 2013 until new guidelines go into effect in 2014.


Consumer Warning

You need to beware of non-lawyers and other fiance visa services or consultants who cannot represent you before the USCIS or Consulate. The State of California is at the forefront of dealing with immigration consultants and processors. California law provides the following:

1. Every person engaged in the business or acting in the capacity of an immigration consultant shall only offer nonlegal assistance or advice in an immigration matter;

2. It is unlawful for any person … other than persons authorized to practice law … to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services;

3. The immigration consultant is not an attorney and may not perform the legal services that an attorney performs.

State law, USCIS rules and State Department rules provide that immigration consultants are not licensed to practice law and nor can they represent their customers before the USCIS or the U.S. Consulate. Other states have similar laws severely limiting the scope of work that immigration consultants and services can perform. Do you really want to hire someone who can’t give legal advice and can’t represent you? Immigration services are cheaper than lawyers, but they can’t and don’t provide the same level of service. Only a licensed immigration lawyer can lawfully represent you before the USCIS and U.S. Consulate abroad. Non-lawyer K-1 visa processors are operating on the very edge of the law. They can be shut down at any time for the unauthorized practice of law. We do not recommend you trust this very important process (and your sensitive personal information) to a completely unregulated business that could disappear at any time. In fact, in our 11 years of practice we have seen many processors suddenly disappear. Your best choice is to hire an experienced K-1 visa Lawyer.

The American Immigration Lawyers Association (AILA) has put up a website: http://www.stopnotariofraud.org/ to warn people of the danger of hiring a non lawyer to handle your immigration case. Our goal in warning consumers against visa consultants is not dampen competition, but rather to warn consumers of the very real danger in hiring a non-lawyer to handle your legal case.
We are Minnesota Licensed K-1 visa attorneys and have an 11 year record of success and an A+
rating with the BBB.

For a free evaluation of your case please call us at: (952) 544-6804