K-1 Fiancee Visa Requirements

1. Both the U.S. Citizen petitioner and the foreign national beneficiary must be free to marry at the time the petition is submitted.
2. Both the U.S. citizen petitioner and the foreign national beneficiary must be able to marry each other in the state where they plan to reside.
3. Both the petitioner and the beneficiary must be ready to marry within 90 days of the beneficiary’s entrance into the United States.
4. The petitioner and beneficiary must have a good faith relationship with each other (and be able to demonstrate it).
5. The petitioner and beneficiary must have physically seen each other within the two years immediately before the petition is filed.

Further Explanations:

1.  Both the K-1 Petitioner and K-1 Beneficiary Must be Free to Marry

This means that at the time the petition is filed, both individuals must be single.  Any divorces must be finalized before the petition is submitted.

2. Both the K-1 Visa Petitioner and Beneficiary Must be Able to Marry In the State Where They Plan to Reside

The couple must be able to marry in the state where they plan to reside.  This means that they must fit into a particular state’s marriage laws.  For example, both must be of legal age in the state, and must not violate any of the state’s incest laws.

3. Both the petitioner and the beneficiary must be ready to marry within 90 days of the beneficiary’s entrance into the United States

Both must be willing and ready to marry withing 90 days of the beneficiary entering the United States.  The visa is not meant to provide a “trail period.”  When the petition is filed both should be committed to being married once in the United States.

4.  The petitioner and beneficiary must have a good faith relationship with each other (and be able to demonstrate it)

It will be necessary to demonstrate to the immigration agency and the consulate interviewer that the couple has a good faith relationship with each other and plan to marry based on reasons other than immigration-based.

5.  The petitioner and beneficiary must have physically seen each other within the two years immediately before the petition is filed

The law requires that a couple physically see each other within the two years immediately before a K-1 Visa petition is filed.  This is a strictly enforced policy – it is not sufficient to have seen each other three years ago, or immediately after a petition is submitted.   The encounter must be within the two year period.   There are two exceptions to this requirement:  if the visit would cause extreme hardship to the petitioner, or if the visit would violate traditional customs.

To learn more about applying for a K-1 Fiancee visa, please contact the firm.

Generally speaking, the United States Immigration agency does accept marriages that are performed overseas.    To be valid, however, the marriages must be legally valid in the place where the marriage occurred.  Additionally, they cannot violate public policy in the United States.  For example, the U.S. doesn’t accept polygamist marriages or marriages involving child brides.

Contact the firm if you have a question for a New York fiancee visa lawyer.   It doesn’t matter where in the world you are located – the firm is able to help.

Worse yet, the actress is currently in immigration proceedings, and will likely be removed from the country.

The United States zealously examines all individuals seeking immigration benefits based upon their marriage to a United States Citizen.  Unfortunately, sometimes they are overzealous in their suspicion of immigration fraud and couples in good faith relationships get caught up in an immigration spider web.  Simply telling an immigration official that you have a good faith relationship is not enough.

If you are a couple who seek to gain immigration benefits in the United States, please contact a K-1 Visa attorney or K-3 Visa attorney to ensure you receive the immigration benefits you are entitled to receive.

The limitation includes petitions for adult and child immigrant beneficiaries.  If subject to the Act, the petitioner has the burden of demonstrating that there is “no risk” to the beneficiary.  The immigration agency is the sole determiner and its decision cannot be appealed.

Crimes that make a petitioner subject to the Adam Walsh Act include:

• An offense involving kidnapping (unless committed by a parent or guardian);

• An offense involving false imprisonment (unless committed by a parent or guardian);

• Solicitation to engage in sexual conduct;

• Use in a sexual performance;

• Solicitation to practice prostitution;

• Video voyeurism;

• Certain crimes involving child pornography;

• Criminal sexual conduct involving a minor; or

• Any other conduct that by its nature is a sex offense against a minor.

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.