Immigration Issues/K-1 visa


Would you, your firm, take on my case and help me and my fiance with the Immigration? Can you give me any information about your fees? I do not know if I can afford professional help by hiring you. But since our case is even more complicated now it might be worth it. Could I contact your firm by email to get this information?

Followup To
Question -
Thank you very much for your fast and detailed reply. We do know about all these requirements because we have been down this road before. We filed a petition in 2003, while my fiance was out on parole. We got it approved, but before I could have the visa interview he was arrested again due to parole violation (for drinking charges). Now we would like to file again, he will be out in July, look for a job again and we would do everything all over again. The first time we did this it took 10 months to get the petition approved, so this is why we would like to file as early as possible. I am thinking of filing in March or so, that would still give him enough time to get a job again by the time I have the interview. And we will make sure we have a co-sponsor because we are aware that we will need one, even if he does make enough money in his new job.

Oh, and we have known each other for many years, I was last with him in the States in Nov. 2003, after that we waited for the approval.

So it really comes down to whether there could be a problem because we file a second time, and the basic thing we do not know is if he is at all eligible to file while he is still in prison.

Thank you again for another answer, considering the facts I have just given you. Your first answer makes me hopeful that it would be okay for him to file while he is still in prison. It would help us a lot, because we could decrease the waiting period apart when he is out.

Followup To
Question -
Hi, I would like to ask if you can tell me whether a U.S. citizen is allowed to file a petition for his Alien fiance while he is in prison? Or would that cause the petition to be denied? He will be out in six months, but if possible we would like to file now, because the processing time is a long one anyway.
Thank you very much in advance for your answer.
Answer -
I know of no disqualification for being in prison but I see three distinct problems:

1.  A person in prison may not have the the financial resources to sponsor the alien via an affidavit of support.

2.  The people will have much greater difficulty obtaining a K-1 visa if they have not met in the past 2 years.

3.  The alien and sponsor must marry within 90 days of the alien's entry to the US and that may be impossible if the US citizen is in prison.
Answer -
I don't know enough facts to say anything for certain.  However, you should expect to be questioned extensively (if you are not, great, but prepare for it).  Your fiance is not a very sympathetic sponsor and the fact that he has been in prison and violated parole will probably make them want to deny the visa if possible.  You should be well prepared so it is difficult for them to deny.

We would probably (I would need to speak with you in greater detail to commit us) charge $2000 for the K-1 visa and another $1500 for the green card application once you are here.  Note that this does not include filing fees, costs and other expenses.  Feel free to email me at for more information.  We charge $100 for a consultation but we would credit the $100 payment to the fees if you retain us.

Immigration Issues

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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