Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)" Read More

Tips for Filing Your Fiance's K Visa

The first thing that needs to be clarified is whether your foreign born fiancé is actually here in the United States or abroad. For purposes of this article, let's assume that he/she is not residing here but living abroad in his/her native country. Under these circumstances, you can't technically file for his/her her "green card," or permanent residence until the both of you wed and establish a legal relationship as spouses. However, this does not mean that you are out of options. There is K-1 Visa or Fiancé Visa, and there can be any number of reasons why the two of you might want to pursue such a visa instead. For example, it may be that you are just not yet ready to wed abroad, or maybe you cannot make plans to travel abroad to get married. Under certain circumstances, it may be even be quicker for your loved one to get here on such a visa as opposed to a marriage-based spouse visa. Now you would only want to consider this option if you are not yet married and more importantly, will not get married while the process is pending, which can take many months. Unfortunately, if you were to sponsor your fiancé for a K-1, and then get married before the visa is granted, your fiancé would no longer be eligible for the fiancé visa since he/she is no longer your fiancé. As logical as this sounds, many people out of frustration and poor planning, have made this very mistake and have had to start an entirely new and different process to bring their loved here to America. Also, the both of you must, of course, be legally free to marry. In other words, if your loved one is technically still married to someone, he/she cannot legally marry you until he/she has first dissolved the current marriage. You would not want to initiate the fiancé immigration process until the divorce is legally finalized. Additionally, USCIS generally requires that proof that the both of you have met within the past two years. While there are limited exceptions, the best course of action would be to actually meet and retain proof that you have met the person you intend on spending the rest of your life with.

The purpose of the K-1 visa is to allow your fiancé to enter into the United States for the specific purpose of getting married to you. Once the visa is granted, and your loved one arrives here, you will have to wed within ninety days. Be warned: the consequences of not getting married within the ninety days can be extremely severe. Another thing to keep in mind is that the K-1 is a temporary visa. It does not, by itself, confer permanent residence on your fiancé. In fact, he/she will only be admitted for a temporary period of time, which will legally expire. Do not make the mistake of assuming that once your fiancé arrives here on a K visa, the immigration process is concluded. Do not also make the mistake of assuming that your fiancé can start working right away and applying for his/her social security card. He/she must apply for work authorization on Form I-765 if there is a desire to seek employment within the United States. Remember, the fiancé petition only gets your loved here. You are only halfway there. After the wedding is concluded, your fiancé must then take steps to actually apply for permanent residence.

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    • Avvo Rating 10.0 | Superb
    • Client Distinction Award | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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