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Do I need an immigration attorney?

Boca Raton, FL |

I'm a US citizen and fiancée is a UK citizen. Should he come to Florida on a 3-month visa and take it from there? or is there a better option?

Attorney Answers 6


  1. You may have different options ,from a fiance visa to spousal visa. Best if you speak with an experienced immigration lawyer and hire one to assist you with your process. Three month visa you are referring is most likely a tourist visa, and would not be your best option.

    Follow Gintare Grigaite, Esq. on Facebook (search for Gintare Grigaite, Esq.). Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  2. You need to sit down with an immigration lawyer to learn about the different options and the advantages and disadvantages of each, learn about the process, then decide which one will work best for you two.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. I agree with my colleague. You should sit down with an immigration attorney to understand the laws and how it applies to your particular situation, timing, etc. Based on what you've said here, it appears that you should petition for a fiance visa. Best of luck!


  4. Yes, you need a lawyer?

    Why ... here are a couple of reasons

    1. He won't be coming on a 3 month visa ... he'll probably use the 90 day ESTA/Visa Waiver program .. which is NOT A VISA

    2. If he uses ESTA to enter the US ... declaring himself to be a tourist ... and then marries you and files papers to stay ... he will have committed FRAUD against a US Immigration Officer ... not a good thing.

    3. If he comes with the intention to marry/stay he'll probably carry his personal documents ... things that tourists don't normally do ... he might get caught carrying them.

    4. If he doesn't carry his documents with him .. it will be a big mess for him to get them long-distance.

    Don't do it ... talk to a lawyer ... most of us have Skype and some, like myself, have Skype Premium ... allowing for all 3 of us to talk, while he's in the UK and you and I are in two different US locations.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  5. I agree with my colleagues. What is best will depend upon the specific facts of your and your fiancé's case. There are positives and negatives to each option.

    Consult with an experienced immigration attorney. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area so there is no reason your fiancé cannot be included in the consultation. Once you know all the facts the two of you can decide how you want to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  6. Hello Ma'am. There are basically two options: 1) consluar processing in London, initiated by your petition filed here in the U.S. Or 2) adjustment of status upon his entry into the U.S. The latter option has a possible issue of preconceived intent and also of waiver of rights under the Visa waiver program. Please have an experienced attorney handle this for you and get a full consultation from the beginning. Thank you and best regards.

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