Carlos Batara
Attorney, Author, Speaker & Radio Show Host
DOES THIS SOUND LIKE YOU?
You’ve been bitten by the love bug.
You think about this special person all the time. Little things you do, from the food you eat to the clothes you wear, remind you of him or her. They’re on your mind, day in and day out. They’re in your soul.
There is one problem. He or she lives in another country.
Perhaps while you were stationed at a military base abroad, you met your future wife while shopping at a grocery store. You started dating, but the army sent you back to the U.S. You want her to join you here.
Maybe you were born in another country, and moved to the United States after graduation. You went back to visit your grandparents for vacation. You bumped into your high school sweetheart, and fell in love with her for the second time.
Taking classes at college, you became attracted to one of your classmates. His temporary student visa ended and he had to return home. You still talk with him daily over the internet and the time has arrived to end the living apart.
The time has arrived to end the living apart.
The two of you have decided to get married.
YET . . .
You are not sure what immigration path to take.
You have been told about filing a fiance visa.
You do not know how it works.
The paperwork looks simple, but some requirements are confusing.
You want to avoid hidden problems.
Most of all, you fear making a mistake that kills your chances of being together with the love of your life.
IF YES, THEN I CAN HELP YOU
Of course, I cannot guarantee you will win your case. No attorney can. But I will tell you this.
Give me 30 minutes. I will help you gain clarity about your situation - and take control of your immigration goals.
Because I refuse to take a cookie-cutter approach to assessing your chances for victory, the road to clarity begins with a personalized strategy and planning session.
In our time together, I will dive into the ins and outs of your situation, and provide you with my opinion about the obstacles you might have to face. I will explain potential courses of action.
You will feel heard, cared about, informed, educated, and empowered to make the best decisions for yourself and those who matter most to you.
That I can and do promise.
And there are no strings attached. You are under no obligation to hire my office.
OUR STRATEGY AND PLANNING SESSION CAN CHANGE YOUR IMMIGRATION FUTURE
Don’t think of our first meeting as a mere 5 or 10 minute consultation.
Rather, our meeting with you is a personalized strategy and planning session where we will try to figure out what you can and cannot do, what you should and should not do.
The real time limit is simple. If it takes longer than 30 minutes, that’s A-okay. We take as long as needed to really study your case and offer you our best advice.
Our goal is to provide you with clarity – with information you can understand and trust – to help you take control of your case and achieve your immigration goals.
And it does not matter where you live, near or far. Whether you reside in another city, state, or country, our virtual law office can help guide you to success.
HERE’S HOW IT WORKS
CALL OUR OFFICE
Immigration law doesn’t have to be confusing. You don’t have to live in fear of being deported and separated from your family. A comprehensive 30-minute Strategy And Planning Session will take the stress out of not knowing your options first-hand.
MEET WITH CARLOS
Every case is unique. We refuse to take cookie-cutter approaches to your case. After we discuss the ins and outs of your immigration and family situation, Carlos will outline your chances for success and how to overcome obstacles standing in your way.
NO PRESSURE - NO FALSE PROMISE
Hiring a lawyer is a big investment, and we will not pressure you to hire us or push you into a plan you don’t understand. If we cannot help you, we will tell you. We will not take your case, unless we believe we can make a difference for you and your family.
WHAT PEOPLE ARE SAYING ABOUT CARLOS
"If Carlos Batara takes your case, you can be sure he will do his best to help you."
- Maria Fernandez
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“I lost my case at immigration court. I did not know what to do. I started calling lawyers. None of them made me feel good about my case. Most of them did not give me hope and some said there was nothing I could do.
Then I found out about Carlos. After talking to him on the telephone, we made an appointment for Saturday. I had less than 10 days to file my appeal with the BIA. Carlos had a different attitude than the other lawyers. He said that he needed to read my papers before giving me an opinion. I emailed almost 100 pages to him. I drove 2 ½ hours to his office.
He surprised me when he said that he saw an angle to challenge the judge’s decision. He did not sugarcoat my situation. He told me that the issue would be brand new. He had never seen or heard anyone raise it before. He made it clear there were no guarantees but that he would do his best. Carlos seemed sincere. I believed he was telling me the truth. I also knew he went to Harvard and Harvard guys are pretty intelligent. So I hired him.
For two years, I lived in fear of losing and being deported. Then I received a letter from the Board of Immigration Appeals. I was scared to open it. The letter said I won. I felt numb. I started crying. From the bottom of my heart, thank you, Mr. Batara."
-- Joseph Talanay, Rancho Cucamonga, California
-"My husband started immigration papers for me 15 years ago. We divorced. He didn’t finish the papers. I raised my son alone. I was afraid every day about deportation. Sometimes I couldn’t sleep. I was afraid to talk about my situation. One day a close friend told me to call Carlos and see what he had to say.
What I liked about Carlos was the way he paid attention to details. He asked me about things I had trouble remembering. He asked for old papers. I liked how he explained why he needed to look at them.
Right before Christmas Day, immigration closed my case. Carlos told me they made a mistake and he would fight to get my case opened again. I was worried. But he was right. My interview was rescheduled. Carlos got me ready for the interview and he was there with me. I won. Thanks to Carlos. Now I have a green card and a new life."
-- Guadalupe Cervantes, Murrieta, California
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Our experience with Attorney Batara was excellent! He’s full of knowledge and he won’t take any case just to make money. He’s very selective and works hard to win. If he thinks that he cannot put up a good fight, he tells clients straight up.
After meeting with over 10 attorneys all over Southern California, he was the only one willing to take and fight our difficult case. It was not an easy situation. All the other attorneys we saw repeatedly mentioned that I was going to be penalized with a 10 year bar and that there was no way around it. They all suggested not to do anything. They said just “wait until the law changes.”
My husband and I didn’t want that. We wanted to start our family and live like a normal couple. We were not sure the law would ever change. We finally came across the Law Offices of Mr. Batara and he was the light at the end of our tunnel. He saw a way to win my case. He agreed to help us.
The law has not changed – but we won anyway. I strongly recommend Mr. Batara to anyone who needs immigration help. During the case, he kept telling me, “Don’t panic, Hispanic.” He meant it. If he takes your case, you can be sure he will do his best to help you.”
-- Maria Fernandez, Riverside, California
FREQUENTLY ASKED QUESTIONS
The rules for K-1 visas apply equally to males and females.
Both fiance and fiancee are French words. The two words confuse many English speakers.
- Fiance (with one “e”) is a man who is engaged to be married.
- Fiancée (with two “e’s”) is a woman who is engaged to be married.
For the sake of simplicity, we primarily use fiance on this page.
Technically, yes. However, this is an ill-advised action.
Once you file for a fiance visa, it will be difficult for your future spouse to obtain a visitor’s visa. Most immigration officers will review the tourist visa request with skepticism.
Because the K-1 petition has been filed, it is obvious the immigrant plans to move to and live in the United States. The government may doubt the immigrant’s sincerity to return home within the allotted six-month visa period.
Aware of this likelihood, some immigrants fail to mention or downplay the K-1 visa application when seeking to visit their future spouse. This can lead to a denial.
When the fiance visa interview is later scheduled, the denial may be an issue based on the incomplete information given earlier.
On the other hand, if the tourist visa is granted, some immigrants decide they want to stay in the U.S. rather than return home. The couple gets married. Then, the immigrant seeks green card status as the spouse of a U.S. citizen, perhaps immediately, perhaps several years afterwards.
Even if this sequence of actions was not planned in advance, many officers are going to doubt the immigrant’s true intentions at the time of entry and suspect visa fraud.
Patience is warranted in such situations. It’s legally prudent for the U.S. spouse to be the person who travels abroad if the couple wants to spend time together during the waiting period.
There is no one timeline to fit all cases. Some cases move faster, some cases move slower. It depends on the complexity and circumstances of your case. The more complicated your situation, the more issues for review, the more evidence is required, leading to a slower process.
Any time estimate begins when the application is submitted. How long it takes to prepare a thorough packet of supporting documents is dependent on the couple’s ability to gather the evidence necessary for success. Once this packet is completed, it’s time to move on to the submission process.
There are three key steps in the K-1 process. First, there is the review by the U.S. Citizenship and Immigration Services (USCIS) review of the I-129F petition. This is normally the slowest part of the process.
Once the petition is approved, the second step begins. The petition is forwarded to the National Visa Center (NVC) which processes the petition and forwards it to the U.S. Embassy office that will schedule the interview with the immigrant fiancé.
During the third step, scheduling the interview, delays often occur again due to a heavy workload at certain consulate offices.
There are two keys to a successful interview.
First, be sure to bring the original copies of the documents you have provided the government as part of your K-1 application – items like photographs, travel, hotel, and airline receipts, police clearance certificates, birth and divorce documents, medical exams, financial statements, email and telephone records, as well as your engagement rings, and the like.
Be prepared to show such documents if you’re asked a question that pertains to such evidence.
Second, be prepared to respond to wide variety of inquiries, ranging from how the two of you met, to whether you have been introduced to each other’s family, to work and career plans after marriage. Almost no question is out of bounds.
The interview is intended only for the foreign fiance. Even though the U.S. citizen may attend with his or her spouse-to-be for moral support, it is the foreign fiance who is the subject of the interview and must address the questions asked.
For a list of potential questions, click this link: Fiance Visa K-1 Interview Questions Checklist
Just keep in mind that the government’s goal is to weed out the bad apples, to detect and reject fraudulent petitions. Keep your nerves under control and you’ll do great.
No. As a U.S. citizen, you cannot transfer your citizenship to your new spouse. But you can file documents seeking lawful permanent resident status for him or her.
As soon as you get married, your immigrant fiance can immediately apply for a green card. Or more precisely, the day after the certificate of marriage is received.
Do not miss this step. Many citizens think that once their fiance enters the United States, the fiance automatically becomes a permanent resident or a citizen. The failure to take appropriate actions after marriage can lead to disastrous consequences for the immigrant spouse, including deportation.
Due to the necessity to file for permanent residence soon after marriage, their marriage will be less than two years old at the time of the immigrant fiance’s green card interview. As a result, most immigrant fiancés-turned- spouses will only be granted conditional permanent residency.
If your fiance is granted a green card before your second year of marriage, she will be deemed to have conditional permanent resident status. This status lasts two years, during which time she will have the same rights of a regular green card holder. She can work, go to school, and even travel outside the country.
At the end of the two years, you have to again prove that your relationship is authentic and seek to remove the conditions on her permanent resident status. This requires the filing of a I-751 Petition To Remove Conditions On Residence. You and your spouse are required to file this petition jointly.
If you separate after your spouse receives permanent resident status, she retains her green card status.
On the other hand, if you separate before she receives permanent resident status, she will need to request a waiver that allows her to file to remove the conditions alone. The request must show the existence of a divorce, extreme hardship, or domestic violence.
Because she entered the country via a K-1 visa and the marriage lasted less than two years, immigration authorities will seek strong evidence showing that your marriage was legitimate and in good faith. These situations are closely reviewed for possible immigration fraud.
If she is unable to overcome government suspicions that the promise of marriage was fraudulent, she will be instructed to leave the country within 30 days or face removal proceedings.
She will need to return to her country of origin within 90 days of her arrival to avoid negative consequences.
When an immigrant enters on a K-1 fiance visa, she is not allowed to marry a different person and seek adjustment of status to permanent residence through that spouse. In fact, she is barred from winning a green card through any other program.
Under K-1 visa law, when an immigrant is pledged to a future mate, he or she can only immigrate via matrimony to that specific person.
Further, if she does not depart timely, her failure may constitute a serious immigration violation if she ever wants to return to the United States.
It is not uncommon for such actions to undermine subsequent efforts to win permanent residence through a new K-1 visa application or other immigration program.