Since 1975

Toll Free: 877-745-8341

& State and Federal Trial Practice.
Law Office Of Daniel M.Pell
Se habla español | Tagalog | Filipino
Говорим по русски
k-1 fiancee visa with attorney Daniel Pell

K-1 Fiancé(e) Visa Overview with Attorney Daniel Pell


K-1 Fiancé(e) Visa Overview


The fiancée visa process can be a long and difficult path to follow for a U.S. Citizen and his or her U.S. fiancée. Our law firm HELPS our clients to follow that often complex task with advice and guidance on:

  1. Evaluating the requirements of the law, and
  2. Gathering the evidence, and
  3. Filing the application with USCIS in a TIMELY fashion.

The law requires that for a U.S.C. citizen to file an application on behalf of a foreign national fiancée, the U.S.C. must be free to marry, must NOT have any convictions for specified sexual offenses, must be able to prove their U.S. status with proof of their birth certificate or the ID page of their U.S. passport, and proof of any and all prior marriages having been terminated by death, annulment, or (more commonly) divorce.
Complications can arise: some foreign nations have so-called “traditional” or “tribal marriages”, and these marriages must be shown to have ended, either by proof that the couple followed the practices and procedures of the foreign national fiancee’s tribe in order to convince USCIS, that a valid termination of the prior marriage occurred, or that (alternatively) that no valid marriage was ever consummated, because the requirements of the “tribe” were not followed.  Many times, this will also require citations of the law of the foreign nation, and even foreign legal opinions.
In most cases(but not all), however, USCIS(United States Citizenship and Immigration Service of the United States Department of Homeland Security), will want to see a valid decree of divorce issued from a Court of competent jurisdiction in the foreign country.
Another MANDATORY REQUIREMENT  is that the couple must have met in person within the last two (2) years immediately before the filing of the Application for a fiancée visa with USCIS.
The couple must prove their intention to marry within 90 days of the foreign national fiancée arriving in the U.S.
There a number of FORMS which must be filled out, including the application form itself and biographic forms.The completed forms, and all proper filing fees are then filed with a USCIS Service Center having jurisdiction, which is generally speaking determined according to the State of residence of the U.S.C. sponsor.
The Petition and biographic forms, proper fees, and organized evidence(such as emails, Skype logs, photos, airline tickets, and the like) must be properly filed with the correct USCIS Service Center.

K-1 fiance visa process


Once the Visa Application has been filed with United States Citizenship and Immigration Services(USCIS) of the United States Department of Homeland Security….


Once the Application for a fiancée visa has been properly filed, USCIS will issue an official receipt showing that the Application is accepted for processing by the correct Regional Service Center. If the Application is accepted for processing, and is approved which usually takes between 4-5 months (we know, it’s slow!), the approved visa application is forwarded by USCIS, from the U.S. Department of Homeland Security to the U.S. Department of State which handles the issuance of all visas.

A visa is the right of a foreign national to travel to a port of entry in the United States, and seek admission to the United States.

A fiancée visa is the right of a foreign national to travel to a port of entry in the United States and apply for admission on a one-time basis to enter into a valid marriage with a US Citizen within ninety (90) days of the foreign national fiancee’s entry into the United States.

The approved visa application/classification is sent to the National Visa Center of the United States Department of State(D.O.S.). The National Visa Center sends out a notice to complete an application online for a non-Immigrant visa. The foreign national fills out this form(and of course, we help with this if you hire us), and files it electronically with US DOS, along with the required filing fees.




Once the Application has been filed and accepted by the National Visa Center, the application is processed, and the visa application and supporting evidence is forwarded to the U.S. Embassy or Consulate abroad, charged with the responsibility of deciding(adjudicating) the Application.

The foreign national is notified by the Embassy or Consulate abroad, that the visa application has been received, and the case is ready for interview.

At this point the foreign national fiancée (i.e., the person you love!) is ready to schedule an appointment for the all-critical interview, but they must have a physical exam performed by a Civil Surgeon(a Doctor) designated as authorized to perform the examination by the U.S. government. Once the examination has been completed, the foreign national fiancée applies to his/her government for a police clearance certificate (or similar form or procedure) from his/her government to show that the foreign national fiancée has no criminal record.

The fiancée goes to the interview. Sometimes a US Embassy or Consulate abroad allows the U.S.C. sponsor to attend the interview, and may even allow the sponsor to come up to the interview window to answer a few questions. Some Embassies do not allow anyone other than the foreign national fiancée to appear. Each Embassy and Consulate is different.

The amount of time involved in this process is usually one(1) to two(2) months, but VARIES by country to country.


The interview takes place at the Immigrant Visa Section of the U.S. Embassy or Consulate abroad. This process is mandatory and critical. The paperwork is first reviewed by consular staff(usually foreign nationals employed by the Embassy or Consulate) for completeness. If complete and seemingly ready for review, the papers are then forwarded to the U.S. Consular Officer who reviews them to see if the Application and supporting evidence meet the legal requirements for VISA ISSUANCE.

If this test is met, the interview is conducted. In the interview, the Consular Officer decides if the intending couple have a real, good faith relationship and intention to marry within 90 days after the foreign national fiancée enters the United States on his or her fiancée visa.

The U.S. Consular Officer also decides whether or not there is any potential FRAUD involved in the Application.  Each U.S. Embassy and Consulate abroad has a FRAUD PREVENTION UNIT(FPU), which investigates improper conduct in connection with visa issuance, and in particular, fiancée visa fraud.

If your Application gets “kicked over” into the FPU, the visa can languish there for months, until a decision is made as to whether fraud is or is not involved in the Application.

The Embassy or Consulate abroad has the discretion to send your Application back to USCIS, for revocation of the visa status/application approval.

This, of course, is the “kiss of death.”

Careful preparation and review by our firm can prevent these problems and other issues important to visa issuance.


If the U.S. Consular Officer is satisfied that there is a real and genuine relationship between the U.S. citizen sponsor and the foreign national fiancée, and that all other legal requirements have been met for visa issuance, the U.S. Consular Officer will APPROVE VISA issuance, and the foreign national fiancée will receive a physical document(“the visa”) in his/her passport. The passport with visa pasted into the passport is usually sent to the foreign fiancée by express courier service about one(1) two (2) weeks after issuance by the U.S. Consular Officer.

(Very limited)

While there is limited review of any visa denial, the review is generally restricted to review by the Chief of the Immigrant Visa Section. This review must be promptly requested, and there is NO APPEAL.

This very limited review is called the “doctrine of consular non reviewability”, and what it means is that if your Application for a fiancée visa is denied, you and your fiancée have big problems.

Again, if you hire our firm, you will definitely avoid  the pitfalls that lead a couple into the Fraud Prevention Unit, and/or into Visa Denial.

Sometimes, legal questions may be raised in the course of Consular Review, and if the U.S.Consul denies a visa, there is a right of review on PURE LEGAL issues with the U.S. Visa Office having jurisdiction over the U.S. Embassy or Consulate involved.
These reviews take lots of time, energy and effort.

Doesn’t it make sense to avoid these issues from the start by employing a competent attorney to assist you?




The U.S.C. sponsor and the foreign national fiancée are required to meet, in person, within the two(2) year period immediately preceding the filing of the Application for for a fiancée visa with USCIS. 

If for some valid reason, such as religious requirements or medical issues the couple cannot meet, the USC sponsor can apply for a WAIVER of the obligation to meet his or her foreign national fiancée in person.

This waiver can be quite difficult to obtain, and it should only be sought where no other alternatives exist.

on k1 visa in USA



The visa has been issued, the foreign national fiancée has arrived in the United States: what’s next??

The U.S.C. sponsor and the foreign national fiancée must marry within 90 days of the arrival of the fiancée in the United States. A fiancée visa is a ONE ENTRY visa, and the fiancée must marry the U.S.C. sponsor designated as the USA fiancée on the visa itself. The visa expires after four(4) months from issuance(unless extended), and therefore the USC sponsor and foreign national fiancée must quickly apply for Lawful Permanent Resident Status(LPR status) for the foreign fiancée.
This Application involves the filing of more forms, and the payment of more filing fees. It is quite involved, but includes an Application by the foreign national fiancée for LPR status, biographic forms, an affidavit of support, and evidence in support of the Application to prove to USCIS that the marriage is a real marriage, not entered into by fraud to obtain U.S. immigration benefits in violation of United States Law.

Once the LPR application is approved, a green card is issued for only two (2) years, since at the time of application, the  couple were married for less than two (2) year.

This initial issuance of a green card is called “conditional”. In the last 90 days before the second anniversary of the issuance of the conditional green card, the couple has to apply to USCIS to LIFT the CONDITIONS in order for the foreign national fiancée to obtain his/her TEN(10) YEAR green card.

If you and your fiancée hire our firm to obtain a fiancée visa, and within 4 months after your marriage you hire us to complete the application for a green card, we offer a substantial discount on our services for those additional services. Just remind us at the time you hire us for the green card application!


This is the final step in the process.

The former foreign national fiancée has become a conditional lawful permanent resident, has lifted the conditions of lawful permanent residence, has been issued a 10 year green card, and is now ready to apply for U.S Citizenship.

The Lawful Permanent Resident can apply for US citizenship status, called naturalization, three(3) years following first issuance of the conditional residence card, but they must have obtained their LPR status through their USC spouse, and must remain married to the their USC spouse in order to qualify.
All others must have Lawful Permanent status for five(5) years before they may apply.

All Applicants for naturalized status as a US citizen, must pass an English literacy test (unless waived), and a test of U.S. history and basic law and governmental structure and function(unless waived).

All Applicants for naturalized status as a US citizen must be of good moral character, NO exceptions.

Naturalized citizens have ALL of the same rights, privileges, and obligations under United States law as do native born citizens, except that naturalized citizens may not become President of the United States.


Our experience over many years of the practice of law, confirmed by Judges and others, is that the use of competent counsel SAVES MONEY AND TIME for the client.

We do understand that there is a “race to the bottom” on preparation fees from various companies offering services on the internet.

We’re not interested in competing with these companies.


First, in order to give you and your foreign national fiancée competent legal advice and assistance, we need to charge a reasonable fee. If you want express services, and in depth analysis for your needs, we’re the group for you.

If you are “bargain basement shopping” we’re not likely your Match.

On the other hand, our fees our VERY REASONABLE, given our level of expertise and the amount of work we do to earn our money.

The bottom line on all of this is that CLIENTS END UP PAYING MORE MONEY FOR SUPPOSED “CHEAP” APPLICATIONS, than if they had just hired a competent LICENSED attorney in the first place.

Many many moons ago, when I was a young attorney,a client was suing a big communications company because he had a small lot to sell Christmas Trees, and his customers could not obtain access from the highway to his lot, where his Christmas Trees were waiting for good homes.

We sued the big communications company, and my client spent huge amounts of time, money, and effort in obtaining access to the roadway from his Christmas Tree Lot for his customers.

The Judge in that case told me:

“Mr.Pell, you will find out over the years, that the major cause of large legal bills, is the failure of the client to hire a competent lawyer in the first place.”


Want your fiancée Application to go smoothly?
Want someone who can actually help you if there’s a problem?
Want someone who knows the law, or can find the law?
Want someone who cares about what happens to you and your fiancée?
Ok. Hire US.

k1 visa cost and fees


- USCIS Filing Fee: $340
- Embassy Fee: $265
- Travel expences
- Medical Exam
- Attorney Daniel Pell Fees

K1 Interview Preparation Face to Face or Skype with US license Lawyer Daniel Pell - click here

Start Visa K1 Process


Attorney Pell process thousand of successful K1 and K2 applications from all over the world:

K1 and K2 Visas application for fiance from Philippines,
K1 and K2 Visas application for fiance from Thailand,
K1 and K2 Visas application for fiance from Ukraine,
K1 and K2 Visas application for fiance from Russia,
K1 and K2 Visas application for fiance from Mecixo,
K1 and K2 Visas applicationfor fiance from EU


Toll Free: 877-745-8341

Start Visa K1 Processk1 Visa Overviewin US on Visa K1k1 visa timelineK1 visa requirementsK1 visadenial visak1 visa cost and fees


cr1 or ir1 marritage visas