Articles Posted in K1 Fiance Visa

Given the recent developments in the investigation of the San Bernardino terrorist attacks, where a K1 Fiance Visa was wrongfully given to a terrorist, I expect that there will be changes to the K1 Fiance Visa application process and review. One big change that seems inevitable is how the government will review an applicant’s social media accounts and postings. I do expect that the Department of Homeland Security and The US State Department will begin reviewing the social media accounts of its applicants very soon. Given the need to properly vet those who wish to immigrate to the United States to ensure the safety of all Americans, this seems to be a fair area of inquiry. Historically, social media has not routinely been reviewed for various reasons stemming from privacy concerns to the added expense that the additional review time would necessitate.

The K1 Fiance Visa has come under some intense scrutiny because of the recent terrorist attack in California. Unfortunately, it looks like one of the terrorists came into the US through a K1 Fiance Visa. Gaining entrance into the US through a K1 Fiance Visa could not have been easy and based on my experience with helping couples from around the world who have applied for a K1 Fiance Visa, I know that it is a time consuming and thorough process.

The K1 Fiance Visa is intended to help couples who have met each other in person and are truly in love and wish to get married and be together. It is an important visa that has helped create many wonderful American families. Applying for a K1 Fiance Visa is not a quick or simple task. It requires the submission of several forms and documents, and then the application undergoes careful examination by the US Department of Homeland Security and the Department of State. Background and criminal checks are performed on both the petitioner (US Citizen) and the beneficiary (foreign fiancé). The process takes about 8-9 months and it concludes with a interview at the US Embassy or US Consulate closest to where the foreign fiancé resides.

Age differences between couples is common and generally accepted by USCIS when applying for a K1 Fiance Visa. However, large differences in a couples ages will result in closer scrutiny of your case. I routinely see cases that are approved where the age difference between the couple is 20 to 30 years.  Where there is such a large age difference between the couple, it becomes important to show that the relationship is genuine through other factors.

One factor is the longevity of the relationship. The longer a couple has had a relationship together the better. This is especially true when the couples ages are quite far apart.

Proof that you have regular conversations is also important. Today, there are several ways to stay in touch……cells phones, email, Skype, Viber, texting, Yahoo Messenger, Whats Up, etc…Keeping a record of your communications is important. You will want to submit copies of your conversations with your application. It not only shows that you stay in touch with each other, which you would expect, but it will show the content of your communications. Submit examples of your communications that show that you care for and miss one another.

There are certain basic documents that are required by USCIS when applying for a K1 Fiance Visa. Both the Petitioner (US Citizen) and the Beneficiary (foreign fiance) have to provide documents along with their signed forms. These documents include:

To file for a K1 Fiance Visa, you must prove that:

Prior drug use by a fiancé applying for a Fiancé Visa can result in a denial. If your fiancé has a history of prior drug use, I strongly recommend that you consult with an experienced Attorney before filing your K1 Fiance Visa application. You need to be aware of the possible negative impact that current or prior drug use can have on your application and you will need to get good legal advice.

The Immigration and Nationality Act states that anyone who is a drug addict or a drug abuser is ineligible for a K1 Fiance Visa. Because drug abuse is essentially defined as the non-medical use of an illegal substance, this could very well include prior casual drug use.

The issue of illegal drug use comes up during the Embassy required medical exam and possibly during the visa interview. At the medical exam, the examining physician will determine if the beneficiary fiancé is a drug addict or a drug abuser. The fiancé will be asked during the exam if he or she is currently taking illegal drugs or has taken any illegal drugs in the past. If the fiancé has taken drugs in the past and answers truthfully, this admission can result in being denied your K1 Fiance Visa. Conceal your prior drugs use and get caught lying, and you will likely be denied your visa for dishonesty. Although this dilemma seems to have no simple answer, I would argue that it actually does.

I’ve been assisting couples for many years who live in different countries and wish to get married. In most cases, the couple have met online, or through a friend or relative and wish to apply for a K1 Fiance Visa so they can get married and live together in The United States as husband and wife.  Nearly all of these relationships have been genuine and have passed the test of time. With few exceptions, the couples that I have worked with over the years have stayed together, raised families and are enjoying their lives together. I haven’t stayed in touch with everyone that I have helped obtain a fiancé visa, but I do hear from many and it always makes me feel good to see them doing well. Its not easy to blend different cultures and races, so making it work takes real love. Of course, there is always the possibility of fraud and it’s a legitimate concern for Immigration, but by in large, these relationships are genuine and work out well. In some ways, I think the process of waiting for a Fiance Visa and the time spent talking with each other while being apart may actually be beneficial to the relationship. Its hard to be apart from someone you care about and only being able to talk with each other because you are separated by great distances seems to really help the couples get to know and understand each other before living together as husband and wife. Although unscientific, my K1 Fiance clients seem to stay together longer and are generally happier than some of the folks in my neighborhood who met in a more traditional manner, and who didn’t have to go through the hard process of being apart from each other at the beginning of their relationship.

If you have questions about the K1 Fiance Visa, please feel free to call me anytime toll free at 1-888-515-3529. I would be happy to answer any questions that you may have.

Attorney Jeff Pettys