Navigating U.S. Immigration Law: Essential Insights
Love may know no borders, but U.S. immigration law sure does. If you're a U.S. citizen engaged to someone living abroad, the K-1 fiancé visa offers a legal pathway to bring your fiancé(e) to the United States to marry—and eventually apply for a green card. But the process isn’t always simple.
From gathering the right documents to navigating interviews and requests for evidence, the fiancé visa process requires careful attention to detail, legal accuracy, and often the guidance of an experienced immigration attorney.
The K-1 visa, also known as the fiancé visa, allows a U.S. citizen petitioner to bring their foreign-citizen fiancé(e) to the U.S. for the purpose of marriage. After entering the country, the couple must marry within 90 days. Once married, the foreign national can apply for adjustment of status to become a lawful permanent resident (green card holder).
This visa is administered by U.S. Citizenship and Immigration Services (USCIS) and governed by various immigration and naturalization service laws, including the Immigration and Nationality Act.
To be eligible for the K-1 visa:
The petitioner must be a U.S. citizen (not just a green card holder)
Both individuals must be legally free to marry
The couple must have met in person within the last two years (exceptions exist for cultural or hardship reasons)
The petitioner must meet certain income requirements or submit a joint affidavit of support
Both must intend to marry within 90 days of arrival
Having a criminal record, history of deportation, or prior immigration violations may require a waiver or legal intervention.
The U.S. citizen files a petition with USCIS, providing proof of the relationship, including passport copies, birth certificates, photos, travel receipts, and communication history.
USCIS reviews the petition. If approved, it’s forwarded to the National Visa Center (NVC), which assigns a case number and forwards it to the U.S. embassy or consul in the fiancé’s home country.
The foreign fiancé(e) fills out the online DS-160 visa application, pays the required fee, and gathers documentation for the visa interview.
A panel physician performs a required medical exam. The fiancé(e) then attends an interview at the U.S. embassy or consulate, where they’ll be questioned about the relationship, employment, prior immigration history, and any past crimes or immigration issues.
If approved, the K-1 visa is issued and the fiancé(e) has six months to travel to the U.S. The couple must marry within 90 days of entry.
After marriage, the foreign national applies for adjustment of status to become a permanent resident (green card holder). This includes more biometrics, a background check, and potentially a second interview.
Request for Evidence (RFE): USCIS may ask for additional proof of a genuine relationship.
Denial: Petitions may be denied due to missing documents, a criminal record, prior immigration violations, or suspicions of fraud.
Annulment or Divorce Before Adjustment: If the couple separates before green card approval, the immigrant may face deportation.
Having a family and immigration lawyer or marriage-based immigration lawyer on your side can help reduce risks and ensure compliance with all requirements.
Immigration is personal—but it's also legal. A trusted attorney helps couples avoid pitfalls in a system that can be unforgiving. A knowledgeable lawyer can assist with:
Waivers for criminal or immigration issues
Delays due to public charge rule or policy changes
Preparing for interviews
Avoiding errors in the application and documentation
Navigating complex cases involving children, prior marriages, or low income (which may trigger poverty concerns)
An experienced family immigration attorney knows how to align love with the law.
Bringing your fiancé to the United States may involve navigating a sea of forms, fees, and legal requirements—but with the right support, it’s more than possible.
The K-1 fiancé visa opens the door to marriage, green card status, and eventually naturalization. With so much at stake, it’s essential to work with professionals who understand the details of immigration law, the expectations of consuls, and the realities of modern immigration processing.
If you’re looking to bring your fiancé to the U.S., our team is here to help. From petitions to green cards, we guide couples through every phase of the fiancé visa process with confidence and care.
📞 Contact us today to schedule a consultation with an experienced immigration attorney.
Comprehensive Case
Management:
From start to finish, we handle all paperwork, deadlines, communication with U.S. immigration authorities.
Transparent
and
Clear Guidance:
Immigration processes are complex, but we make it simple by guiding you every step of the way.
At Gorostiaga Law Firm, we go beyond paperwork, taking time to understand your story, needs, and goals.
Our multilingual team ensures clear communication and support in English, Spanish, Portuguese, Hindi, and Gujarati.
Proven Expertise in U.S. Immigration:
Our firm brings extensive experience in immigration law and is up-to-date with the latest regulations.
Proven Expertise in U.S. Immigration:
Our firm brings extensive experience in immigration law and is up-to-date with the latest regulations.
Comprehensive Case Management:
From start to finish, we handle all paperwork, deadlines, communication with U.S. immigration authorities.
Transparent
and
Clear Guidance:
Immigration processes are complex, but we make it simple by guiding you every step of the way.
At Gorostiaga Law Firm, we go beyond paperwork, taking time to understand your story, needs, and goals.
At Gorostiaga Law, we provide tailored legal guidance to help individuals and families understand their rights and options, ensuring compliance with all applicable regulations and facilitating a smoother immigration journey.
For more detailed insights, please contact us or explore our services.
Expert Advice
Receive expert legal advice tailored to your needs, ensuring informed decisions and effective solutions for your legal challenges.
Legal Defense
We provide strong and strategic legal
defense to protect your rights and achieve the best possible outcome for your case.
99% case win
With a 99% case win rate, we are dedicated to providing effective legal
defense to achieve the best possible outcomes for our clients.
"My husband and I had a great experience with Virginia and her team. Members of the team are fluent in spanish- As a spanish speaking person I really appreciate how easy that made it to understand and follow the process even better. Anytime we had a question or concern they were very easy to reach and always made us feel very comfortable. 100% would recommend to work with them, you won’t regret it!"
- Maria Jose Meneses Meza
"I would recommend all my friends and family to Gorostiaga Law. Virginia is effortless at what she does and genuine lawyer who does things the right way from day one. Thank you for all your time you put on my case Virginia. Take care and hopefully I come back to seek for your legal advise soon."
- Rahin Ahmed
"Ms Gorostiaga is a conscientious dedicated judicious attorney. Ms Virginia Gorostiaga treats each of her clients with a level of respect and compassion that makes you feel valued and understood and lets you know that you will be treated with the utmost professionalism and dedication. I hope one day that Ms Gorostiaga will be more than my attorney, she will be a trusted faithful lifelong friend! I am trusting her with my life and my legacy"
- Edel Quinn
Gorostiaga Law specializes in immigration law, offering services such as family immigration, business immigration, naturalization, and civil litigation. Our dedicated team provides personalized support to navigate the complexities of the immigration process. We strive to ensure our clients achieve their legal goals efficiently and effectively.
You can schedule a consultation by visiting our website and filling out the contact form. Alternatively, you can call our office directly to speak with a member of our team. We are here to assist you in setting up a convenient appointment.
During your consultation, please bring relevant documents such as your passport, visa, and any immigration paperwork you have. This information will help us better understand your case and provide tailored advice. If applicable, bring any additional documentation related to your family or business immigration needs.
The duration of the immigration process varies based on the specific type of application and the current workload of immigration authorities. Our team will provide you with an estimated timeline during your consultation, considering your unique circumstances. We aim to keep you informed and updated throughout the entire process.
Yes, our team at Gorostiaga Law is multilingual and can assist clients in English, Spanish, Portuguese, Hindi, and Gujarati. We believe that clear communication is crucial for a successful legal experience. Our goal is to ensure that all clients feel comfortable and fully understand the legal process.
While the terms are often used interchangeably, business litigation typically refers to internal disputes—such as partnership disagreements or shareholder issues—whereas commercial litigation more often involves disputes with external parties, like vendors, customers, or competitors.
These can include breach of contract, partnership or shareholder disputes, fraud or misrepresentation, violations of non-compete agreements, unpaid invoices, vendor disputes, and intellectual property issues. If your business is involved in a legal conflict, we can help assess the issue and build a strategy that protects your interests.
Not necessarily. Many business and commercial disputes can be resolved through negotiation, mediation, or settlement without ever going to trial. However, if court becomes necessary, we are fully prepared to advocate for you at every stage of the litigation process.
Civil litigation is the legal process used to resolve non-criminal disputes between individuals, businesses, or organizations. It includes matters like property disputes, contract violations, personal injury, defamation, and landlord-tenant issues.
The process typically includes pleadings (filing a complaint or response), discovery (gathering evidence), potential pre-trial motions, settlement negotiations, and possibly a trial. Our firm guides clients through each step while keeping your rights and goals at the center of our strategy.
If you’ve experienced financial loss, property damage, a contract breach, or reputational harm, it may be worth pursuing legal action. We offer consultations to help you evaluate the merits of your case and your best path forward.
Commercial litigation involves legal disputes between businesses or between a business and an outside party, such as a vendor, client, or competitor. These disputes often involve contracts, financial transactions, intellectual property, or regulatory compliance.
Some common cases include:
Breach of sales or service contracts
Disputes over product delivery or quality
Franchise or licensing disagreements
Business-to-business fraud
Unfair competition and trade secret violations
Breach of warranty or negligence claims in commercial relationships