Your best option is to use a licensed
US Immigration Attorney experienced in the K3
visa. Your next best option is to handle the paperwork yourself. Your
least desirable option is to hire a “marriage
visa service”.
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You can attempt to handle the paperwork yourself.
You and your bride
or husband fill out all documents yourselves, send them to USCIS, and
wait for the results. This is your least expensive, but a potentially
problematic method. You will find that if you call the USCIS by phone,
each USCIS officer will give you a different opinion based on his or
her own personal knowledge (or lack thereof) or level of experience.
The USCIS is in no way responsible for what they tell you on the phone
regardless of what is said. Even if an
USCIS phone officer or web site gives you inaccurate or outdated information,
you are still required to meet the current and correct policies or
your K3 visa will be denied or delayed. USCIS and U.S. Consulate policies
and procedures change frequently and you must meet current standards
throughout processing.
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You can use a so called "marriage
visa service" to assist you.
In this way you hire somebody to type the documents
for you and your spouse,
send them to USCIS, and wait for the results. This is probably the least
desirable method as the "services", although they may lead
you to believe they are attorneys, are in fact not US Immigration
attorneys. When a problem or delay occurs in the normal course of
processing (which happens much more often since September
11, 2001), they cannot represent you or your spouse
before the U.S. Citizenship and Immigration Services ("USCIS", formerly the "INS" - Immigration and Naturalization Service )
or with the appropriate U.S. Embassy or U.S. Consulate. When they
cannot provide immigration help, or are unwilling to do so, you have
no one to complain to because they are unlicensed and unregulated.
Especially, do not hire an agency overseas. Marriage
visas are processed according to U.S. law, not the laws of the country
where your spouse
resides. "Foreign agents" outside the U.S. are nearly always
a scam. Always require an attorney license when hiring an immigration
service.
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You can hire a U.S. immigration law firm that
specializes in K
visas.
Although this is the more expensive of the three
approaches, if you want your bride
or husband with you in the U.S. with speed and certainty and
with the least amount of hassle, delays, investigations or denials,
this is certainly the way to go. A licensed US Immigration Attorney
is held responsible for advice given to you, unlike an
USCIS phone officer or a “fiancee visa service”.
In your search for a U.S. immigration law firm to
handle your matter, it is important to find an attorney who has the
knowledge and skill to work your case through the system in a timely
manner to the successful issuance of the visa and who has the necessary
experience and established connections. The K3
visa represents a very small part of immigration law. Each case is
different, so seek legal assistance from a firm or immigration lawyer
with experience in handling K3
and K4 visas.
We hope this information has been helpful to you.
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