Marriage Visa Attorney Blog

October 20, 2014

Removing The Conditions Of Your Legal Permanent Residency

The K1 Fiance Visa requires the Petitioner and Beneficiary to get married within 90 days after the foreign fiancé enters the US. After getting married, the couple must then apply for the foreign spouse’s Legal Permanent Residency (Green Card). Once granted, the Beneficiary has Conditional Legal Permanent Residency status. The conditional nature of this status must be removed within 90 days before the two year anniversary of the date that USCIS granted the foreign spouse his or her Legal Permanent Residency.

To remove the conditions attached to the Conditional Legal Permanent Residency, you will need to file form I-751. Further, you will need to support your application with evidence that you and your spouse have been living together as a married couple. Suggestions include, utility bills, medical coverage, lease or mortgage agreements showing both names, pictures and Affidavits from at least two people who know you personally. See online instructions for the Form I-751.

If you have any questions about the K1 Fiance Visa process, and any subsequent matters pertaining to your spouse’s Legal Permanent Residency, please feel free to give me a call at 1-888-515-3529.

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October 19, 2014

Has your K1 Fiance Visa Been Denied?

by The Law Offices of Jeffrey C. Pettys

K1 Fiance Visas are generally denied when the Petitioner fails to meet the requirements of a Fiance Visa, when the forms are incorrectly filled out and never corrected, our when there is a lack of evidence to support the claim of a genuine relationship.

There are several options available to you if your K1 Fiance Visa has been denied. But, before deciding upon a course of action, you must first determine if the denial was made at the USCIS stage or at the Consular level (Embassy).

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdraw” and then file again. For many reasons, costs being one of them, this is a good option.

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October 3, 2014

Age Differences And The K1 Fiance Visa

by The Law Offices of Jeffrey C. Pettys

I am frequently asked by couples interested in applying for a K1 Fiancé Visa whether a large age difference will cause immigration to deny their Fiancé Visa request. Generally the answer is no, but a large age difference between a couple is a factor that USCIS will consider. There is no set rule or restriction on ages, but the wider the gap between the couple’s ages, the more scrutiny you can expect your application to receive. USCIS will evaluate all the factors that you submit to show that your relationship is genuine. Where there is a very large age difference between the couple, the more facts you should present to show that you are truly in love. In my experience, age differences of 10, 20 and even 30 years is not uncommon.

You are welcome to call me anytime if you have any questions about the K1 Fiance Visa. I can be reached toll free at 1-888-515-3529.

Attorney Jeffrey C Pettys

September 16, 2014

Request For Evidence (RFE) and USCIS

by The Law Offices of Jeffrey C. Pettys

It is not uncommon when applying for a K1 Fiance Visa or a Marriage Visa that you will receive a Request For Evidence (RFE) during the process.

A Request For Evidence can be sent for a variety of reasons and is not cause for concern. Most times, a RFE is sent when something is missing or lost by USCIS, a copy of a particular document is not clear or is not an original as required, or maybe when more proof of a fact is needed. It is also sent when their are mistakes made in the application paperwork.

If USCIS is asking for something that you have already provided, don’t argue with them, just re-send it! USCIS does lose or misplace items but getting them to admit it is a waste of time. You are dealing with a large bureaucracy and its just best to comply without complaint.

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September 10, 2014

Financial Support for the K1 Fiance

by The Law Offices of Jeffrey C. Pettys

The petitioner of a K1 Fiancé Visa will have to demonstrate that he or she earns at least 125% above the Federal Poverty Guidelines for whatever size family you will become after getting married. I suggest using the percentage of 125% because this is the number you must use when filing for your fiancés eventual change of status to become a Legal Permanent Resident To determine this amount, you need to review the Federal Poverty Guidelines published yearly by the US Government. You can find this online at: http://aspe.hhs.gov/poverty/13poverty.cfm.

You will need to demonstrate that you earn or exceed the required amount for your size family. Your family size will include you, your fiancé/spouse and any dependent children that you will be responsible for. For example, if you plan to marry someone with two children and you have a dependent child of your own from a previous marriage, you family size would be 5.

To determine the amount required to support your fiancé, you must look at the Federal Poverty Guideline for a family of five. See below chart:

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August 5, 2014

Multiple K-1 Fiance Visa Filings

by The Law Offices of Jeffrey C. Pettys

USCIS allows a Petitioner to file more than one K1 Fiance Visa. However, if you have filed two or more K-1 Fiance Visa petitions in the past, you must apply for a waiver when applying again. You will also need a waiver if you have had one K-1 Fiance Visa approved within the past two years.

To request a waiver, you simply write a letter stating all available facts about your previous filings. Be sure to include the name of your former fiance, the date that you filled, and your former case number. You should specifically state that you are requesting a waiver, and attach the letter to your new K-1 fiance visa petition.

If you have any questions about the K1 Fiance Visa or how to requests a waiver for multiple filings, please feel free to give me a call toll free at 1-888-515-3529l. I would be happy to answer all your questions.

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June 25, 2014

Using a Co-Sponsor for a K1 Fiance Visa

by The Law Offices of Jeffrey C. Pettys

There is no legal prohibition against using a co-sponsor to support a K1 Fiance Visa. Whether it will be accepted or not by the US Embassy to support the fiance visa application is the issue.

It has been determined that the I-134 Affidavit of Support, unlike the I-864 Affidavit of Support used for Marriage Visas and Permanent Residency applications cannot be lawfully enforced due to the non-immigrant nature of a K visa. Nevertheless, most US Embassies around the world will give some consideration to a co sponsor’s willingness to help support the financial requirements of a Fiance Visa. The good news is most US Embassy’s will accept a Co-Sponsor and those that frown on it will likely give it some consideration depending on the facts of your case.

One reason for accepting a co-sponsor for a K visa applicant may be the recognition that a co-sponsor will be accepted if the parties were married and applying for a Marriage Visa or Legal Permanent Residency. It seems almost silly to exclude the use of a co-sponsor for a K visa when the parties intend to marry and subsequently apply for Legal Permanent Residency, at which time a co-sponsor can be used. Another reason for possibly accepting a co-sponsor for a K visa application is to try and help the US citizen marry his or her choice of a loved one.

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June 1, 2014

Dont Overstay your K1 Fiance Visa

by The Law Offices of Jeffrey C. Pettys

A K1 Fiance Visa requires the foreign fiance to get married to the US Citizen within 90 days of entering the United States. There are no exceptions.

When your fiance enters the United States, US Customs will stamp his or her I-94 card or passport with an expiration date that is set at 90 days from the date the fiance entered the United States. You have until that date to get married. If you do not get married as planned within those 90 days, the foreign fiance must leave the United States before the 90 days expires. If the foreign fiance overstays past 90 days, there will be some form of consequences. Some fiancés who don’t get married within the 90 days and stay in the United States are hoping to meet somebody else or find another way to adjust their status at a later date. This will not work and can very easily lead to harsh sanctions. Currently, there is now way to adjust the status of a K1 Fiance Visa holder who did not comply with the marriage requirements of their fiance visa. The foreign fiance who overstays will always be considered illegal while in the United States.

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May 16, 2014

Meeting Your Fiance For The First Time Overseas

by The Law Offices of Jeffrey C. Pettys

The immigration rules require the couple applying for a K1 Fiance Visa to have met in person within a 2 year period of time preceding the filing on their K1 Fiance Visa application. This typically requires the US Citizen to travel overseas to meet his or her fiance. The first trip will always be the most memorable and perhaps the most exciting, but in your excitement, don’t forget about your safety.

I have a few tips that you should follow to insure your safety.

Always stay in a good hotel. When I travel overseas, I look for the better well know hotels. These are usually four or five star hotels and they cost more. For starters, the hotel staff at the better hotels are trained to watch over their guest. They are familiar with the local dangers that a guest from the US would not be familiar with. Look for a hotel with a door man, bellman and lobby staff. They will greet you and take notice of you when you enter and leave the hotel. They can also arrange for a driver instead of a public taxi. The better hotels have security cameras and they monitor the hallways and will record who and when someone enters and leaves t your room. This type of security helps protect you from criminal acts. The difference between a good hotel that is safe and a bad hotel that isn’t may only be about 50 US dollars. This is a small price to pay for your safety.

Be very careful of public taxis. In some countries, it is very unwise to take public taxis. If you can arrange for a car and driver through your hotel, that’s best. In some countries, there is a pattern and history involving public taxis and kidnappings. Do your homework and try to understanding what are the safest ways to get around in your new country. Public transportation can be a better alternative, but again, it depends. Continue reading →

May 5, 2014

Fiance and Marriage Visa Fraud

by The Law Offices of Jeffrey C. Pettys

Getting married to a US citizen is perhaps the fastest way for a foreign national to get a visa to enter the United States and become a Legal Permanent Resident and possibly later, a US Citizen. It’s also the easiest way to stay in the United States after your visa expires. Professing that you are in love with a US Citizen is highly subjective and this reality creates an environment for fraud.

As we all know, people of widely different backgrounds and ages can fall in love. Relationships are formed from an almost endless line of circumstances. Some are formed after diligent search and some by unexpected chance. There is no set formula for falling in love and who we should fall in love with. That being said, there are a few factors or issues that are possible signs of fraud.

Age: Although a great disparity in age is not proof positive of a fraudulent relationship, it will likely give rise to a heightened level scrutiny. An age difference of 25 years of more will raise a few eyebrows. There is no magic age limit, but if the couple are separated by so many years that it’s hard to imagine what they may have in common, it will be an issue that must be overcome. A relationship where one person is in their late 60s and another in their late teens or early 20s is going to be very suspicious. Showing how the relationship was formed and how the couple interacts with each other will be important.

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