So, can a Couple file a K-1 fiance(e) visa petition while the noncitizen fiance(e) is in the United States?

Generally speaking, the couple can file a K-1 visa application while the noncitizen fiance(e) is in the United States.   A couple will be able to skim a few months of their separation time while the K-1 application is pending.  The foreign national fiance(e) will be required to leave the United States for his or her consulate interview.   Once the K-1 visa is approved, the foreign national will be free to enter the United States and marry the US Citizen on the K-1 visa.

If you have any questions about the K-1 fiance visa, please do not hesitate to call or contact a K-1 visa lawyer.

The second episode involves a New York City Immigration officer who pleaded guilty to coercing a foreign national to perform sexual acts on him.   The USCIS officer was responsible for determining the eligibility of foreign nationals for family green cards.   The USCIS officer threatened her with a denial of her green card application and the deporting of her family members.

Unfortunately, reality is often very harsh to those couples who decide to forgo the K-1 fiancee visa and K-3 spousal visa. Often a couple will be accused of making a misrepresentation while they were applying for a visa and/or entering the United States.  The immigration agency often concludes that the foreign national’s temporary visa application intentionally hides the fact that he or she has a U.S. citizen spouse, fiance, or fiancee.  When a person applies for a tourist visa (or a student visa, or most other visas) he or she is seeking a temporary visa and is expected to leave the United States at the conclusion of his or her authorized stay.

If a couple is found to have misrepresented their relationship, the foreign national spouse will likely be required to leave the United States, and may face immigration consequences for the misrepresentation – including the possibility of being barred from entering the United States.

As you can tell – it isn’t wise to forgo the K-1 fiancee visa or K-3 spousal visa.  If you are marrying a U.S. citizen, or if you are already married to a U.S. citizen, please contact a family immigration lawyer to assist in your immigration to the United States.

The following is meant to provide some comfort to those fiancee visa couples stressed out about the Affidavit of Support and its requirements.  If you would like additional information about the Affidavit of Support and its financial requirements, please contact a K-1 fiance(e) visa lawyer.

What is an Affidavit of Support?

In essence, the affidavit of support is a contract between the immigrant’s sponsor and the American government.  In the affidavit of support the sponsor demonstrates that the fiancee visa beneficiary can be financially supported and will not become a “public charge” of the government.

Who needs an Affidavit of Support?

Most family-based immigrants are required to obtain a sponsor who will sign an Affidavit of Support for the intending immigrant.  Although there are many exceptions.  In most fiancee visa cases, the couple will need to complete two affidavits of support.  One affidavit of support must completed before the fiancee visa interview at a U.S. consulate.  The second affidavit of support must be completed after the couple is married and the foreign national spouse applies to become a lawful permanent resident.

Does a Fiance(e) visa couple need to complete the I-134 or the I-864?

A K-1 fiancee visa couple must complete both the I-134 and the I-864 forms.  However, the forms are not filed together.  Instead, the I-134 form must be completed before the fiancee visa interview at a U.S. consulate.  The I-864 will not need to be completed until the couple is married and the foreign national is adjusting status to become a lawful permanent resident.

What is the financial requirements?  What level of the U.S. poverty level must the U.S. citizen earn?

If the sponsor of the immigrant is the immigrant’s spouse, the sponsor must demonstrate that his or her income is at least 100% of the U.S. poverty level.

What happens if the sponsor does not earn enough money?

If the sponsor’s income does not meet the threshold amount, the sponsor can also demonstrate that his or her assets are significant enough to support the foreign national beneficiary.

When does these obligations end?

The sponsor’s responsibilities end when the beneficiary immigrant:

• becomes a U.S. citizen,
• earns credit for 40 quarters of work in the United States,
• leaves the U.S. permanently, or
• dies.

What if a couple separates, does the Affidavit of Support obligations cease?

No, the sponsor’s obligation does not end simply because the couple separates.

http://travel.state.gov/visa/immigrants/types/types_2994.html#Forms

Many applicants who are cognizant of the exception mistakenly believe that they are eligible.  Given the USCIS’s interpretation of the regulations, however, it is extremely difficult to establish one’s eligibility for this exception.  Many cultures and religious do not approve of a couple meeting before their wedding.  However, in the modern age many couples do not always completely comply with their cultural and/or religious practices.  The USCIS has repeatedly ruled that if a meeting is not approved of by a religion or culture, but is tolerated nonetheless, the meeting requirement will not be waived.

It is possible to obtain a waiver of the meeting requirement because of the beneficiary’s long standing culture or religion.  However, to be successful it is necessary for an applicant to thoroughly demonstrate the cultural or religious practice forbidding the meeting.  Gafner Law Firm is a NYC fiance visa law firm that will work closely with k-1 visa applicants from throughout the United States to ensure that a K-1 beneficiary who is eligible for a waiver based upon his or her cultural or religious practice will be able to demonstrate that eligibility to the government.

To start the K-1 process, a k-1 couple must file a petition with the USCIS and demonstrate that they intend to marry and that they have personally met during the two years immediately preceding the application.  The meeting requirement is vigorously enforced and can only be waived in two distinct circumstances.  The first circumstance is if the meeting requirement would cause extreme hardship to the petitioner.

What does extreme hardship mean?  Good question.  Hopefully the following will provide a better understanding.   First, it should be noted that the extreme hardship must be on the U.S. citizen.  Unfortunately, the hardship felt by the beneficiary is not important to the USCIS in determining a k-1 couple’s eligibility for this waiver.

Determining whether a U.S. citizen will suffer extreme hardship is a discretionary decision made by USCIS and will be determined based on the facts presented in each specific case.  K-1 visa lawyer Chris Gafner has reviewed many USCIS decisions on this matter and has found some pattern in the USCIS’s determination of extreme hardship.

Many would-be applicants have claimed that their financial position causes them extreme hardship in meeting the requirement.  The USCIS does not accept this argument.  USCIS most often determines that extreme hardship occurs to the petitioner if the k-1 petitioner is suffering from a medical condition.   However, the petitioner must thoroughly demonstrate that the medical condition places the petitioner in extreme hardship if he or she were to travel.  Often, it is necessary to demonstrate that a beneficiary cannot fulfill the meeting requirement by coming to the United States to visit the petitioner (and then return to the home country to await the filing of the K-1 visa).

The waiver to the K-1 visa application is often very difficult to obtain.  Nonetheless, if you think you are eligible for a waiver, it is very important to consult with a k-1 visa lawyer who can help you compile a sound argument for the waiver.  Failing to obtain a lawyer’s assistance will probably greatly increase the possibility of a failed k-1 application.   Gafner Law Firm is willing to take k-1 visa cases where there is extreme hardship.  Please contact the firm to get your k-1 visa started today.

As way of background, the K-1 visa allows for a fiancee (or fiance) of a U.S. citizen to enter into the United States for the sole purpose of marrying.  The K-1 visa requires that a couple have met within the two years immediately before the K-1 application is filed.  The requirement can be waived in two instances – if it would cause extreme hardship to the petitioner, or if it would violate the beneficiary’s long-standing customs and cultures.

In the recently released K1 case, the K-1 visa petitioner attempted to claim that the meeting requirement would violate the beneficiary’s long standing and strict customs, and would cause the petitioner extreme hardship.  However, the k1 couple failed to provide adequate evidence.  The k1 petitioner stated that he feared for his safety in traveling to Pakistan to visit his fiancee.  However, he failed to provide any substantive evidence of the risks he faced.  Additionally, the k1 beneficiary claimed that it was against her customs for the two to meet.  The couple provided letters from the leaders of her religious community, however, the letters failed to properly show why the meeting would violate long standing tradition and custom.

The K-1 opinion is available on the USCIS website.  K-1 visa lawyer Chris Gafner was not counsel to the petitioner in this case.

K-1 visa lawyer Chris Gafner recently reviewed a K-1 visa opinion where a couple got married before the K-1 visa was approved.  In the opinion, the Yemeni fiancee and the U.S. Citizen got married before the K-1 visa was approved and had their I-129f application denied.  It is unfortunate that the couple suffered because they simply wanted to get married.  If you are planning on filing a K-1 visa, please consult a K-1 visa lawyer to ensure that you don’t make a similar mistake.  The opinion is available on the USCIS website.  Mr. Gafner took no part in the case.