We receive this question fairly regularly. The answer is, like most things, it depends.

Some Immigration Attorneys will provide a 20 or 30 minute consultation to go over your matter for free. The hope is that the attorney will establish a connection with the client, and, if the attorney is able to help, they can establish an attorney-client relationship right away.

Other attorneys do charge a consultation fee in order to consult with the potential client, in detail, about their case. The going rate seems to be between $100 and $350 for a 30 minute consultation. These attorneys will generally charge this fee whether the matter is straight-forward or complex. You are basically purchasing a set amount of attorney time for your case evaluation.

If you do pay a consultation fee you should ask the attorney if the consultation fee (e.g. $150) would be applied towards your case in the event you hire the attorney. This policy will vary by office so it is a good idea to ask.

Is an Attorney who charges a consultation fee better than one that does not?

The short answer is No. Attorneys evaluate their practices and determine what works and what does not work. If the free consultation model leads to more and better clients then the attorney is likely to follow that model. If the free consultation model leads to wasted time the attorney is likely to use the consultation fee model.

Our office does offer free phone consultations (888-801-6558). We also answer email questions, free of charge, about immigration matters (attorneygruner@gmail.com). The correspondence is free and confidential.

The Law Offices of Lawrence Gruner Inc., is located in downtown Sacramento and handles immigration cases throughout California, the United States and the World. We have 5 star reviews and over 20 years of experience handling immigration matters.

How long does the fiance visa process take in 2020?

There are several factors that influence how long a given fiance visa case will take.  These include overall case filings, which country your fiance resides in, and whether the case has been prepared properly.

For many years, for most people, the total time it would take to make it through the USCIS stage, the National Visa Center Stage and the embassy stage was between 5-9 months.  

However, during the Trump administration the total time to process a fiance visa case was longer.  Most properly filed fiance visa cases were making it through all 3 stages in the 8 to 10 month range.

In March USCIS stopped doing fiance visa interviews.  As a result we do not really know how long the current cases will take to finalize.  We also do not know how long newly filed cases will take to make it through the entire process.

If no additional staff is hired at the embassies and USCIS takes the stance that they will be doing business as usual then we would expect fiance visa cases to be delayed.  How long?  That is difficult to say.  Our best guess would be 3-4 months.  However, the delay could definitely be longer. There has been no official announcement from USCIS as to how they plan to proceed.

We would suggest that if you wish to pursue a fiance visa case to file it now.  Waiting to file your fiance visa case will not make it process faster. Make sure that everything is done correctly as the last thing you want to receive from USCIS in this current climate is a Request For Evidence.

You never know.  USCIS may change its policies and allow interviews to be handled over zoom or a different more efficient way where backlogged interviews could be cleared out.  They could also hire more officers or come up with a solution which would allow the backlog of cases, and upcoming cases, to be finalized sooner than expected.  We will find out shortly.

If you would like to learn more information about the fiance visa process please read this article: https://www.visa4you.info/practice-areas/fiancee-visa-attorney/top-10-things-you-should-know-about-the-fiance-visa-process/ or watch this video

Lawrence Gruner is an immigration attorney in downtown Sacramento California. His office handles fiance visa cases, green card cases and U.S. Citizenship cases worldwide. He would be happy to talk to you about your case. You may reach him at 888-801-6558 or at attorneygruner@gmail.com

The Center For American Progress recently had an article titled: “A Demographic Profile of DACA Recipients on the Frontlines of the Coronavirus Response”.

The article states that there are over 200,000 DACA recipients who are on the front line helping America in the battle against Covid-19. These workers include medical doctors, nurses, teachers, and workers in the food industry among others. This does not count the workers who are in the United States undocumented (including those working in the fields to help feed America during this crises).

The DACA program began in the United States 2012 under President Obama’s administration.

According to USCIS: In order to qualify for the program a given applicant had to show the following: the person came to the U.S. under the age of 16; the person completed high school or that the person had a GED, or that the person was enrolled in school or that they had been honorably discharged from the U.S. military; the applicant could not have been convicted of a felony or serious misdemeanors, or three or more other misdemeanors; under 31 years old on June 15, 2012; had continuously resided in the U.S. from June 15, 2007; had entered the U.S. without being inspected before June 15, 2012; and were physically present in the US on June 15, 2012 and at the time of making the DACA request with USCIS.

Once DACA started in 2012 I began to have interviews with young people who were interested in the program. These young people, although older, reminded me a lot of my own American born children.

The reason they did because they could have easily gone to school, played sports, and been friends with them. They had basically grown up in the United States and were fully assimilated. Our great country had educated them and had helped them grow into productive citizens. These wonderful potential DACA recipients were, for all intents and purposes, American.

It was time for these young people to be able to work and give back to the United States. This is what they wanted. My office was very happy to help these young people be able to work, continue their educations, and obtain their drivers licenses.

Now, as stated above, many DACA recipients are now able to give back to their country at one of its greatest time of need.

In 2017 the Trump administration was able to partially end the DACA program. Currently the DACA program is not available to new applicants. Only those who have previously filed for DACA can apply for renewals. USCIS is not accepting applications for first time applicants.

There is a current case pending concerning the DACA program before the United States Supreme Court.

Meanwhile DACA recipients continue to risk their lives for the United States. Our country is stronger with the help of those DACA recipients, on the front lines, in our collective battle against Covid 19.

Lawrence Gruner is an immigration attorney located in downtown Sacramento. His office handles family based immigration cases including fiance visa cases, permanent resident cases and U.S. Citizenship cases. His office handles cases in California, the United States and throughout the World. He may be reached at attorneygruner@gmail.com

In 2019 fiance visa cases are taking about 10 months to complete. This is the time period needed to go through all 3 stages of the fiance visa process. We have had cases that have gone through all 3 stages in less than 10 months this year but those are outliers.

At the end of the fiance visa process you will have your fiance visa interview at the embassy or consulate. The interview should take 10 to 30 minutes to complete. This varies from place to place and case to case.

In another article I went over the fiance visa questions you should be prepared to answer during the fiance visa interview. These are great questions to go over prior to your interview. You should also go over the documents filed in your case and all of your supporting evidence.

When answering any question at your fiance visa interview make sure you tell the truth. If you do not know the answer to a question let the interviewer know this. Do not try to guess at answers.

However, I believe that the most important question to be prepared for is this one: Why do you want to come to the United States? You are fairly likely to get this question at the fiance visa interview. When you get this question you should make it clear that you wish to come to the United States in order to marry your fiance and start your lives together.

Do not answer that you think the United States is a great country (which I believe it is) or that there are more opportunities in the United States to get ahead than there may be in your home country etc. These may be valid reasons for wanting to come to the United States. However, this is not what immigration officers wish to hear as your number one reason to come to the United States.

Tell the truth at your interview. Hopefully, the main reason you wish to come to the United States is to be with your fiance. Make sure that the immigration officer clearly understands this at your interview.

 

For more information about the fiance visa process please read our article: “Top 10 Things You Should Know About the Fiance Visa Process“.

Lawrence Gruner is an immigration attorney with more than 20 years of experience handling immigration cases. His office handles immigration cases (including marriage green card cases, fiance visa cases, U.S. Citizenship cases and I-751 cases) worldwide. He would be happy to talk you, free of charge, about your fiance visa case. He can be reached at 888-801-6558 or at attorneygruner@gmail.com

 

Fiance Visa Form

The Fiance Visa form is the I-129 f. The current version of the fiance visa form  is 13 pages long .  It has a whopping 14 pages of instructions. If you are trying to handle the fiance visa process yourself please confirm that you are using the most recent version of the form.  Like most immigration forms this one does change over time.

Take your time to go over each and every question on the form as each one is there for a reason and should not be taken lightly.

Once you complete the form make sure you sign it.  The form will let you know what supporting documents you will need to provide to get the fiance visa process started. 

Evidence Requirements

Evidence requirements change but you should be prepared to submit the following to USCIS: 

1) Evidence that you are a U.S. Citizen (this is done via a U.S. Passport, a birth certificate showing that you were born in the U.S; or a U.S. Naturalization Certificate; 

2) Evidence showing that all prior marriages (for both of you) have been terminated; passport photos(this is done via an annulment decree, a divorce decree, or a death certificate);

3) IMBRA waiver (if applicable); 

4) Evidence that you have met each other in the past 2 years; and 

5) Evidence that you intend to marry within 90 days of your fiance’s admission into the United States.

You must sign your K1 application form and submit your filing fee. Currently the initial filing fee for the K1 application form is $535.00 You will have another fee of $265 later in the process. The filing fees are non-refundable.

Fiance Visa next steps

The fiance visa form  and supporting evidence will get your k1 fiance visa case started with USCIS.

If all goes well your case will make it through the USCIS stage and on to the National Visa Center stage.  If all goes well with the National Visa Center your case will receive a new case number and be sent to the embassy or consulate which will be handling your case.

 If there are problems with your paperwork you should receive a Request For Evidence (RFE) from USCIS explaining the problem and giving you time to provide evidence to correct the problem. A Request For Evidence will, at a minimum, delay your case.

You will have more paperwork to complete at the National Visa Center and Embassy stages of your case.

If you would like more information about the fiance visa process please read our popular blog post: “ Top 10 Things You Should Know About the Fiance Visa Process”.

The article above is informational in nature and is not meant to take the place of a consultation with an experienced fiance visa attorney.

https://www.youtube.com/watch?v=rkcjuP-kpGg

Lawrence Gruner is an immigration attorney with over 20 years of experience handling fiance visa, marriage green card and U.S. Citizenship cases. His office handles cases in California, the United States, and the World. There is no charge to consult on fiance visa cases.  The consultations are confidential and may be done in person or over the phone. He can be reached at 888-801-6558 or at attorneygruner@gmail.com

 

Q. My U.S. Citizen fiance wants to file a K1 fiance visa for me. I have a little dog who I love very much (she sleeps at the foot of my bed every night) and I want to bring her to the U.S. with me once my fiance visa is granted. Can I bring my little dog with me on my fiance visa?

A. The good news is that , in most situations, you probably can bring your little dog to the United States with you once your fiance visa is granted.

You do not have to get a separate visa from USCIS for your pet. You will want to check the current requirements with U.S. customs, for your country, to be sure you can bring your dog to the United States on your fiance visa. Generally you must show that your little dog is in good health and that she has her her vaccinations. Also check with the airline you wish to fly with to enter the United States.

Make sure your airline will allow you to bring your pet prior to buying your ticket. Each airline has its own policies concerning pets.

If you would like more information about the fiance visa process please read our blog articles like: fiance visa processing time.

Lawrence Gruner is a fiance visa attorney with over 20 years of experience handling fiance visa cases. His office is in downtown Sacramento California. He handles immigration cases in California, the United States and all over the World.

He would be happy to talk to you, free of charge, about your fiance visa case. He can help you review all of your options prior to you filing any paperwork with USCIS. He can be reached toll free at 888-801-6558 or at 916-760-7270 . You may email him at attorneygruner@gmail.com

 

 

 

Green Card Through Marriage

A green card through marriage is a great way to obtain a green card for your spouse. The process for obtaining a green card through marriage will depend on where your spouse is located.

If your spouse is in the United States, you may be able to obtain a green card for him or her, via the adjustment of status process.

Legal Entry

If your spouse is in the United States (with a legal entry and you otherwise qualify) you will submit all of your required paperwork (see below) to the USCIS lock box in Chicago.

An example of a legal entry would be: You came to the United States on a tourist visa with the intention of returning to your home country.  You overstayed your visa but you met your spouse.  You both decided to get married and apply for your green card via the adjustment of status process.  Assuming USCIS believes you have a valid marriage and there is no other basis for you to be deemed inadmissible you should receive your permanent residence (green card).

Illegal Entry

An example of an illegal entry would be: You came to the United States without being legally admitted by a border agent.  You met your spouse.  You both decided to get married and apply for your green card. If this is your situation you should DEFINITELY speak to an Immigration Attorney to review all of your options.  For now do not file anything with USCIS and do not leave the United States. The information below does not apply to you.  Feel free to contact our office for advice.

Paperwork to File

The paperwork you would file in the green card through marriage case would include:

I-130, I-130a, I-131, I-485, I-864, and I-765  These documents can change so check to make sure that this is accurate prior to filing any documents with USCIS

The I-130 Form is the petition for an alien relative.  It establishes that you are an immediate relative to a U.S. Citizen.  According to USCIS :

“Use this form if you are a citizen or lawful permanent resident (LPR) of the United States who needs to establish your relationship to an eligible relative who wishes to immigrate to the United States.”

Filing a Form I-130 is only the first step in helping an eligible relative immigrate to the United States. The filing or approval of this petition generally does not give your relative any status in the United States.

Once we approve the petition, your relative may apply to become a LPR.”

The I-485 form is the application for adjustment of status.  You are adjusting your status from one status (e.g. a tourist visa) to another status (e.g. obtaining a conditional green card).  USCIS is using this form to learn about your status in the U.S and whether or not you have any prior criminal or immigration issues which could cause your case to be denied.

I-864 Form.  This is the affidavit of support form that the U.S. Citizen will complete and turn in showing that he or she has the ability to support you so that you will not become a public charge.  With this form the U.S. Citizen is guaranteeing to repay the government should you receive certain public benefits.  The U.S. Citizen will always need to file the I-864 form in this type of case.

If his or her income is not enough to meet the income requirements (125% of the federal poverty level based on family size and state of residence) assets may be used (subject to some limitations) to meet the requirement.

USCIS issues income requirements for the I-864 form every year.  

If the U.S. Citizen still does not meet the financial requirements then a co-sponsor may be used.  In certain situations the non-U.S. Citizen’s income may be used to meet this requirement.  (Call us for details about how this may work in your case.)

You will need to turn in your latest federal income tax return and the

information from the 2 most recent federal tax returns or you may turn in IRS transcripts for these years.  In addition you will turn in an employment letter showing that your income is above the poverty level for your size of a family and recent pay stubs.

If you are using a joint sponsor and the person is n your household or you are using a dependent as a co-sponsor they will submit form I-864A.  They will also need to provide the same type of financial proof as the U.S. Citizen in this type of case.

I-765 Form.  This form is used for work authorization.  Currently, it is taking between 3 and 6 months for the work authorization card to be issued.  Some clients are getting their work authorization cards in less than 3 months and others in longer than 6 months.  However, overall you should expect it to take 3-6 months.

I-130a Form  This form is used by USCIS to gather more information in marriage green card cases.

I-131 Form. Travel document request.  I recommend that you do NOT travel while your case is in process, even if you get a travel card from USCIS prior to your green card through marriage interview, unless an immigration attorney reviews your total situation and lets you know it is ok to travel outside of the United States while the case is pending.

 

When do I receive information from USCIS?

A receipt notice should be sent to you within 2-4 weeks informing you that USCIS has received your packet.

Generally a combination work authorization/ travel (advance parole) card should come in the mail in the next 3 to 6 months. However, there is no guarantee that you will receive this card within that time period.  Some applicants receive their cards sooner than 3 months (unlikely) and some later than 6 months.  Once you receive this card you can go to your local social security office and request a social security card.  You can use this card with your work authorization card to work legally in the United States.

 Documents to Prepare for Green Card Through Marriage Interview

About a month before your interview you will receive an interview notice.  This notice will tell you the date, time and place for your interview.  It will also tell you what evidence USCIS wants you to bring to your interview. Make sure to bring this evidence.  You should also bring originals of all the key documents in the case.  These would include birth certificates, divorce decrees, marriage certificate etc.  These should be brought whether or not USCIS lists these documents on your interview notice.

In addition to the above documents you should bring evidence showing that your lives are mingled together.  These documents should include a wedding album, an album showing your trips together and time you both have spent with family and friends, joint documents such as joint tax returns, joint bank accounts, life insurance (showing that your spouse is the beneficiary in case you die), medical insurance, car insurance and documents which show that you have joint ownership of cars, boats, homes etc.

In addition, you can bring mail that is addressed to both of you; Facebook and other social media posts congratulating you on your wedding; photos of the wedding gifts you received; wedding cards you received; and affidavits from friends and family stating that they know your marriage is real.

Green Card Through Marriage Interview

At the end of the green card through marriage process  you and your spouse will have your marriage green card interview.   The interview generally takes about 30 to 45 minutes.  I have had interviews that have taken as little as 10 minutes but that is definitely the exception and not the norm.

You should arrive early to your green card through marriage interview, go through security, check in at the check in desk and wait for your interview. I advise my clients to arrive to the building at least 60 minutes before their interview is scheduled.  It is definitely a good idea to arrive early. This is because sometimes, due to security entering the building, or long check in lines it can take a longer than expected to check in for the interview. (In Sacramento it is not unusual to have a 45-60 minute wait just to get into the building. I have been to other locations where there was literally no line and no wait.  However, even then it took a few minutes to clear security.)

Post Green Card Through Marriage Interview

If all goes well at the green card through marriage interview then your case should be approved.  Sometimes the immigration officer who is interviewing you will let you know, at the interview that the case has been approved.  Other times they will tell you at the end of the interview that the will notify you or your attorney, of their decision, via mail.  Sometimes they do not explicitly say what the result of the interview was but the officer will let you know what they are thinking by the way they act and the words the officer uses when he is talking to you.  For example, the officer may say that a conditional green card is only good for 2 years or say other things which indicate that the conditional green card should be coming in the mail soon.

The permanent residence card (green card) should be mailed to your home within 30 days. (If you were married for less than 2 years prior to the green card being issued you will receive a conditional green card instead of a permanent green card.  This is the case in the vast majority of green card cases.

If this is your situation the green card you receive will have an expiration date on it.  You will need to file form I-751 with all of the supporting documentation that is requested within 90 days of your conditional green card expiring.)

If the green card does not come in 30 days there may be a problem with your security background check.  If more than a month or two passes it may be because the interviewer has still not made a decision on your case.  He or she may be debating whether or not to have you come in for a second interview.

What happens if you have a bad green card through marriage interview?

If the green card through marriage interview does not go well then USCIS will schedule a much more invasive second interview.  This second interview is known as a “fraud interview” or a “Stokes interview”.

At the fraud interview you and your spouse will be separated and asked much more intimate questions and you will likely each be asked to draw rooms in your home.

Your answers and drawings will be compared and the officer will be able to better determine if your marriage is legitimate.  You should definitely have an an attorney present with you for this interview.  If the interview does not go well you will likely be referred to immigration court for removal (deportation).

This type of interview takes much longer that the green card though marriage interview.  The fraud interview should take between 2 and 4 hours to complete.  However, I have had an interview that went for 6 hours. .At the end of the interview the interviewer was still not satisfied.  The officer held a 3rd interview with another USCIS officer.  This interview lasted 2 hours but in the end it was clear that the marriage was real.

My client was very happy to receive her green card.

If your spouse is abroad

The green card for spouse process is different if your spouse is in another country.  You would file an I-130 for him or her.  The current wait time is between 13-18 months from start to finish.  This wait time is likely to increase.

Once the case is approved at the USCIS level it will be forwarded to the NVC for review. You will submit all requested evidence. Once it passes this level it will go to the embassy/consulate for more documentation and your spouse’s interview.

Is a Fiance Visa a quicker and better option? 

If your loved one is abroad, you are a U.S. Citizen and you are not married you should definitely consider a fiance visa.  It is a faster way to bring your future spouse to the U.S.option to bring your loved one to the U.S.

However, with a fiance visa you will end up doing 2 cases instead of one case.  You will first file the k1 fiance visa.  This will be handled abroad and the fiance visa interview will be abroad.   Once the fiance visa case is over you will have 90 days in which to get married.  Once the marriage occurs you can file for a green card for your spouse visa the adjustment of status process.  This is the second case and it is described above.

In 2019 the fiance visa process is taking about 9-10 months to complete.   This seems like a long time.  However, in immigration time it is not long.  There are certain types of cases that take over 20 years to finalize.  The fiance visa process is currently the faster way to bring your loved one into the United States.  Also, in 2019 denial rates for fiance visas nationwide is running at about 50%.  Happily we have almost a 100% approval rate.

If you are interested in learning more about the fiance visa route please read:   “Fiance Visa Processing Time” and   Top 10 Things You Should Know About the Fiance Visa Process.

To learn about why fiance visa cases are denied please read: “Top 10 Reasons Fiance Visas are Denied”.

The information above concerning the spouse green card process is general in nature and absolutely does not take the place of consulting with an experience immigration attorney about your particular case.  Laws and immigration procedures can and do change.  You should always speak to an immigration attorney prior to filing anything with USCIS.

Lawrence Gruner is a marriage green card and  fiance visa attorney with over 20 years of experience handling immigration cases.  His office is located in downtown Sacramento California.  They handle immigration cases worldwide. He would be happy to consult with you, free of charge, on your immigration case.  He may be reached at 888-801-6558 or attorneygruner@gmail.com

Once your fiance visa is granted you should enter the United States. Upon entry into the United States you will have 90 days in which to marry your U.S. Citizen fiance.

Once you are in the United States there should not be a reason to delay to get married. The fiance visa is meant for those who wish to get married. It is not meant as a way for you and your fiance to get to know each other. Therefore, there is no reason to delay a marriage.

If you decide not to get married then you should leave within the 90 day period. You cannot get married to another U.S. Citizen and obtain a green card through this new person. If things do not work out with your fiance then you should leave the United States within the 90 day fiance visa period.

If you are ready to get married then there really is no reason to wait the full 90 days. The adjustment of status process for your green card is likely to take between 6 and 15 months to complete. Why would you add an additional 3 months to that time period.

In addition, you are not going to be able to work or travel internationally until you file for your green card and receive your travel/work authorization card. The travel (advance parole)/ work authorization card will generally take between 3-6 months to receive after your green card case is filed.

Once you do get married you should ask the marriage license office about the quickest way to obtain your marriage license. Each office has its own way of doing things. You may be able to save a lot of time by simply asking for the fastest way to have the marriage license issued. You will need a copy of your marriage license in order to file for your marriage green card. You will need an original copy of your marriage certificate sometime in the process. (Our office generally sends in a copy of the marriage certificate at the time the case is filed and we bring the original to the marriage green card interview). You will also likely need originals for other matters unrelated to the marriage green card process. Therefore, you should obtain several originals to have available.

If you would like more information about the fiance visa process you may wish to read our blog articles: Fiance Visa Denial Rates, Fiance Visa Processing Time and Top 10 Things You Should Know About the Fiance Visa Process.

The above information is general in nature and should not take the place of a consultation with an experienced immigration attorney.

Lawrence Gruner is a fiance visa attorney with over 20 years of experience handling fiance visa cases. His office is in downtown Sacramento California and it handles immigration cases worldwide. He would be happy to talk to you, free of charge, about your fiance visa case. He may be reached at 888-801-6558 or 916-760-7270. You may also email him at attorneygruner@gmail.com

Q. My marriage green card interview is coming up and I am not sure how I should dress. Should I wear a dress? Should my husband wear a suit?

A. What you wear is definitely something to consider about your marriage green card interview. It is appropriate for you both to wear nice clothes for your interview. It signals to the interviewer that you are taking the matter seriously. That is a good signal to send.

I tell my clients to think “business casual” when it comes to their attire for the marriage green card interview. Overall, I believe this is the best look for your interview. Clothes that are not clean or have tears or rips in them are not your best bet for the marriage green card interview. Also, men should not wear t-shirts or baseball caps.

Age Differences and Clothes

A colleague told me about a case she had a few years ago where the clothes her clients wore did make a difference. She represented a husband and wife in a marriage green card case. The wife, a U.S. Citizen, was probably 45 and her husband was probably 35. USCIS, for whatever reason, will generally give a case greater scrutiny when the wife is older than her husband.

To make the case more difficult, the wife did not wear clothes that would flatter a 45 year old. Instead she wore clothes that made her seem quite a bit older. Unfortunately, her husband, who again was 10 years younger than her, wore very sporty clothes to the interview that made him look even younger. My colleague believed that the interview was more difficult based on the clothes that her clients chose to wear that day.

Clothes can indicate teamwork.

I have been at interviews with couples whose clothes definitely complimented each other. Visually they seemed to be a team. They seemed to be a united front. It is like on the show amazing race where the members on a team (each amazing race team has 2 members) wear the same colors (there is a red team a green team etc.) In every episode the team members wear the same colored shirts. As a result they appear to be united.

I haven’t been surprised when correctly dressed couples have a smooth interview.

They say that clothes make the man (or woman). Take time to pick the clothes that you and your spouse will be wearing to your green card interview. It does make a difference.

Lawrence Gruner is an immigration attorney with over 20 years of experience handling fiance visa, marriage green card, and U.S. Citizenship cases. He may be reached at 888-801-6558 or 916-760-7270. He may also be reached via email at attorneygruner@gmail.com

His office is in downtown Sacramento California. His office handles immigration cases worldwide. He would be happy to consult with you, free of charge, about your immigration case. He can help you come up with an immigration plan before you file any paperwork with USCIS.