Marriage Visa Attorney Blog

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