"Do I need to hire an attorney to file my K1 fiance visa?" This is a question that I am frequently asked. The answer to this question is no--there is no legal requirement that you be represented by an attorney to file a fiance visa petition. However, whether one should hire an attorney to handle his or her K1 fiance visa petition is another matter. When I respond to this question I often also point out the reasons why I think it makes sense to hire an immigration attorney.

It Involves More than Just Filling Out Forms

Many prospective K1 petitioners do some online research, learn a little about the process, and find the appropriate forms for filing a fiance visa petition. A large percentage of these people mistakenly believe that apply for a K1 visa is as simply as filling out Form I-129F and filing it with the USCIS. This is a long way from the truth. Although properly completing and filing the proper USCIS forms is a necessary part of the process it is probably the least important aspect of the process. I don't believe I have ever seen or heard about a case that was denied entirely on the grounds that the petitioner failed to "dot his i's or cross his t's" on a USCIS form. Most K1 denials are the result of improperly or poorly documented cases. A qualified immigration attorney will make sure that your K1 petition requires sufficient evidence and documentation to meet the strict evidentiary requirements for the K1 visa.

The High Cost of Failure

One of the most common questions most people ask about the fiance visa process is "how long does it take?" This is usually a big concern for couples because they want to be together as soon as possible. In most cases, a K1 petition that is properly filed and does not encounter any extraordinary events will take between 8-12 months from the time it is filed with the USCIS to the time that the U.S. Embassy issues or denies a visa. Because there is no appeal of a consular official's denial of a K1 fiance visa, in most cases there is little or no recourse if your fiance is denied his or her fiance visa at the U.S. Embassy. The only recourse for an K1 application that is denied at the consular level is to refile. For most couples waiting 8 months for a visa is long enough. If your fiance's visa application is denied it will likely be at least an additional 8 months before he or she will be able to apply again. Hiring a qualified and experience immigration attorney to assist you with your K1 fiance visa will greatly reduce the risk that your case will be denied.

Processing Times

All things being equal, a K1 fiance visa petition filed by an attorney and a petition filed by a non-attorney should be processed in the same amount of time. However, assuming all things are equal between an experienced immigration attorney and a layperson is a big assumption. This would be like saying that a layperson and an experienced builder can build a house of equal quality in the same amount of time--the assumption is ridiculous.

In most cases, delays in processing times for immigration petitions is the result of inexperienced petitioners or applicants who fail to provide the proper required documentation or fail to follow the specified procedures set forth by the USCIS and U.S. immigration law. Because the USCIS is heavily burdened with a large volume of cases, a single mistake, even if seemingly simple to correct can result in additional processing delays of 60 days or more. If a layperson applicant makes more than one mistake or makes only one mistake at each stage of the processing it can very quickly add and additional 6 months to a year of processing time to your case.

Peace of Mind

There is nothing that is particularly enjoying or relaxing about the K1 fiance visa process. In fact, it can be extremely stressful if you decide to handle your own case. The process is foreign and can be very complicated. The USCIS and Department of State have not won any awards for customer service. There are a lot of websites out there that offer information about the process but there is as much false information out there as there is valid information. Because the cost of failure is so high the stress of handling a K1 petition on your own can create an unnecessary burden on a new relationship. It's simply not worth the stress. A qualified immigration attorney can make the experience relatively stress free so you can focus on planning your engagement and wedding.