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Falling in love is beautiful, but bringing your fiancé(e) to the US can be challenging, especially with the immigration law undergoing so many changes. However, with the right guidance, you can look forward to bringing your beloved to the US and enjoying a lasting, happy relationship. Alina Kats helps you complete the paperwork and prepares a strong case that is compliant with the immigration rules to ensure you are legally protected. She understands the significance of success in this case and offers clear, personalized guidance every step of the way to ensure smooth K-1 visa approval.
The K-1 visa allows a foreign national to enter the US, and marry a US citizen within 90 days of their arrival. While it is a nonimmigrant visa, which permits temporary stay, it creates a pathway to permanent residency through marriage. The process involves filing a petition, applying for the visa, preparing for the interview, and ensuring all requirements are fulfilled.
Bringing your fiancé(e) to the United States under a K-1 visa requires more than explaining the romantic aspect of your relationship to the authorities. US immigration officers look very closely and seriously at such applications and strive to find out any ulterior motive such as people marrying to get around US immigration laws for a green card. The process of filing a petition can be complex, and you must be ready to provide evidence and prove that your relationship is real and forever.
Read on to find out important details that can help you navigate the visa process and bring your fiancé(e) to the United States legally, without unnecessary steps.
You must meet the 2-year rule eligibility
To secure a K-1 fiancé(e) visa, your love story must meet a crucial condition called the 2-year rule. This rule checks the authenticity of the relationship between the US citizen and their foreign fiancé. According to this rule, the couple must have met in person at least once within the past two years.
It would help to convince the visa officer that this relationship is not just an online or long-distance interaction but a serious bond that will be strengthened by marriage. While this rule requires a physical meeting within two years, it does not demand that the couple have been in a continuous relationship for the entire time. It is the evidence of having met in person within the given timeframe that matters most.
Meeting in person is required for obtaining the K-1 fiancé(e) visa, but there are times when you don’t need a meetup, and keeping it digital is sufficient to prove your case. In some cases, where traditions and religious or cultural practices do not allow meeting face to face before marriage, you can show proof, like religious scholar’s statements or declarations from friends and family, and get excused from this requirement.
Also, if there are political issues, travel restrictions, or other problems in your partner’s country that prevent either of you from traveling, you can get an exception from the 2-year rule. You will have to provide clear evidence, like documents or medical records showing why you couldn’t meet.
The unmarried, minor children of foreign national fiancé(e) are eligible for a K-2 visa. As a K-1 applicant, you must submit a separate DS-160 and pay the fee for each child. This is to ensure that families can travel together or be reunited in the United States.
Your children can either travel with you or join you later in the US. However, this benefit is time-sensitive, and children must travel within one year from when the K-1 visa was issued to their parents. If they do not travel within this one year, the process becomes complex, and they may have to apply for and get a separate immigrant visa to enter the US. It is important to plan carefully to ensure smooth transition for all family members.
The role of an international marriage broker is significant in searching for partners from different countries for US citizens. A broken can be any corporation, partnership, business, individual, or other legal entity, irrespective of its organization under U.S. laws, that charges fees for providing dating, matrimonial, or matchmaking services.
Brokers not only provide personal contact information but also help with communication between the two parties seeking serious relationships. The US citizen must acknowledge the involvement of an international marriage broker when filing the petition for a K-1 visa. USCIS will verify whether the service is considered a marriage broker under the International Marriage Broker Regulation Act (IMBRA). Failure to disclose can result in a petition or visa denial for misinterpretation.
Although many of us consider it just a number, age is a key factor that can impact your chances of securing a K-1 visa. When a US citizen files a petition to bring their foreign fiancé(e) to the United States, a significant age gap can lead to closer scrutiny from immigration officers. The primary concern here is that the relationship should be based on genuine affection instead of just for gaining immigration benefits.
If you have a large age difference, between 10 to 20 years, you should be prepared to address this extra scrutiny. Gather and present strong evidence that demonstrates your commitment to each other. This includes showing your intention to marry is sincere and in good faith and not just a chance to enter the US. From shared financial accounts and property to photographs and correspondence records of your relationship, as well as testimonies from friends and families, there is a lot that can prove the authenticity of your love and respect toward each other.
The immigration landscape has evolved a lot over the years, and it has benefited same-sex couples to a large extent. They can enjoy the same legal privileges as heterosexual couples in the United States. For people in same-sex marriage, especially when one partner is a foreign national, the Defense of Marriage Act opens new pathways for immigration.
If you got married before the DOMA ruling, your foreign spouse is now eligible to apply for an Adjustment of Status. This process includes filing the I-130 petitions. When done right with all the necessary supporting documents, it can get you a green card. However, you must learn about the specific challenges that result from being in a same-sex marriage. From political issues in their home country to cultural barriers, many factors can impact the visa process.
The K-1 visa process involves a series of in-depth and pointed questions that strive to find the true nature of the couples seeking to live together in the United States. The success of a visa application relies on how well these questions are answered. Immigration officers focus on various aspects of the couple’s relationship, including their shared history, future plans, and mutual understanding. The interview is a critical evaluation to distinguish genuine relationships from fake ones that are only formed for immigration purposes.
This process can be intimidating as the immigration officers scrutinize every detail of your relationship, but you must be sincere, and honest in your replies. With thorough preparation and genuine responses, you can demonstrate the authenticity and depth of your bond and achieve the desired results.
Bringing your fiancé(e) to the US on a K-1 visa can become difficult if they have a criminal record. According to US immigration law, a criminal record can make a person inadmissible. This means they are not only ineligible for the visa but also for entry into the United States. This applies to crimes that have been expunged from their record. A criminal history leads to additional scrutiny and affects the application process, which can result in denial based on the nature and severity of the crime they have committed.
However, there are exceptions to this too. If the fiancé(e) was convicted of only one crime and meets other criteria, they may have a chance to overcome the inadmissible hurdle. This is known as a sentencing exception. Secondly, even if the sentencing exception is not applicable, the fiancé(e) may still have the option to request a waiver of admissibility. This waiver allows them to process their visa despite their criminal record. However, these options require careful planning and navigating through the legal procedures to prove that the fiancé(e) should be granted entry into the United States.
The K-1 visa has a 90-day rule, which implies that the foreign fiancé(e) must marry their US citizen sponsor within 90 days or 3 months of entering the United States. This specific timeframe ensures that the visa is used for the purpose for which it was secured and that both partners fulfill their commitment. This process is an effort by the authorities to prevent visa fraud and confirm the authenticity of the relationship.
If the marriage does not take place within the period, the foreign nation should leave the country to avoid potential deportation and a negative impact on future immigration applications. After getting married within 90 days, the foreign spouse is eligible to apply for an adjustment of status to become a lawful permanent resident. This process involves going through additional paperwork and interview with the USCIS.
K-1 processing time – K-1 visa process time varies greatly and can range from several months to over a year, depending on several factors, such as the US consulate or embassy workload, the complexity of the application, and the documentation provided.
K-1 visa cost – The total cost of a K-1 visa can range from $1,000 to $2,000. This amount includes the filing fee, the visa application fee, and the medical examination fees as well as other costs associated with documentation and traveling.
To file a K-1 petition for foreign fiancé(e), the following are essential:
Having complete knowledge and being prepared for these unique challenges ensures a smooth and hassle-free immigration process, regardless of your sexual orientation. An immigration lawyer can be incredibly valuable during the K-1 fiancé(e) visa process and make a big difference to the outcomes.
Call Kats Immigration Law today and learn more about your chances of getting a K-1 visa for your foreign fiancé(e). The immigration system is complex, and even small mistakes can result in denial or delays. Alina Kats is a qualified and experienced immigration attorney, who navigates complex legal requirements, gathers and organizes strong supporting evidence, and helps you prepare for interviews with immigration officials. She focuses on reducing the risk of costly mistakes and ensures your efforts to bring your loved one to the US result in success.