First, the obvious step, is that the U.S. citizen petitioner and K-1 visa holder must get married within 90 days of the K-1 visa holder’s entrance into the United States on the K-1 visa.  This marriage must be completed within 90 days – failure for the U.S. citizen petitioner and K-1 beneficiary to marry within 90 days will result in extra work for the couple and the need for added input from a K-1 visa lawyer.   If the K-1 visa beneficiary marries a person other than the U.S. citizen petitioner, it is advisable to contact an immigration lawyer to access what options may be available.

Second, once the couple marries, it is necessary for the K-1 visa holder to adjust status to become a lawful permanent resident.  This process can be started as soon as the couple is married – but not before.  This process can take about five months to complete and often requires the couple to attend an interview at the local immigration office.  this interview requires the attendance of both the K-1 visa petitioner and beneficiary.   Once the process is completed, the K-1 visa beneficiary will be given conditional permanent residency (CPR).

Third, at the same time that the couple is applying for adjustment of status, the K-1 beneficiary may seek work authorization and advance parole.  Advance parole, once received, allows individuals to travel internationally without abandoning the adjustment of status application.

K-1 Fiancee Visa Requirements

1. Both members of the K-1 visa couple must be free to marry when the petition is submitted.
2. Both members of the couple must be capable of marrying the other in the state where they will marry.
3. Both members of the couple must be ready to marry within 90 days of the foreign national’s entrance into the United States.
4. The couple must have a good faith relationship with each other and be able to demonstrate it.
5. The fiance couple must have physically seen each other within the two years immediately prior to when the petition is filed.

Further Explanations:

1.  Both members of the K-1 visa couple must be free to marry when the petition is submitted.

Both individuals must be single.  Period.  Divorces must be finalized.  They cannot be pending, and proof of any previous marriage ending must be provided.

2. Both members of the couple must be capable of marrying the other in the state where they will marry.

This means the couple must fit into a particular state’s marriage laws, including legal age, and incest laws.

3. Both members of the couple must be ready to marry within 90 days of the foreign national’s entrance into the United States.

Both the beneficiary and the petitioner must be ready to marry withing 90 days of the beneficiary entering the United States.  The couple must be committed.  Failure to marry leaves the foreign national with limited options while in the United States.

4.  The couple must have a good faith relationship with each other and be able to demonstrate it.

It is the job of the couple (and their attorney) to show that the couple has a good faith relationship to the immigration agency.   Good faith relationship means that the couple must be marrying for reasons other than for only immigration benefits.

5.  The fiance couple must have physically seen each other within the two years immediately prior to when the petition is filed.

The law is strict.  Couples must have physically see each other within the two years immediately prior to the K-1 Visa petition’s filing.  There are two exceptions to this requirement:  if the visit would cause extreme hardship to the K-1 visa petitioner, or if the visit would violate traditional customs.  However, meeting those two exceptions is quite difficult and requires significant evidence.

The Vermont Service Center handles all K-1 fiancee visa applications from the Eastern part of the United States.

 Does the United States accept marriages performed in other countries?

Yes.  U.S. immigration law does not require that a marriage be performed in the United States.  A good rule of thumb is that as long as a marriage is legal where it takes place, it will be valid for U.S. immigration purposes.    Of course there are a few exceptions to that rule of thumb (i.e. polygamist marriages, child marriages, etc.).

If I Start the Fiancee visa, can I convert it into a marriage visa?

No.  Unfortunately it is not possible to switch from a fiance visa to a marriage visa.  If you start the fiance visa and get married before the foreign national enters the U.S. on the K-1 visa – you will not be able to enter on the fiance visa and will need to apply for a marriage visa.

We live on Opposite Sides of the World – Can We Marry By Proxy?

No.   A proxy marriage is not valid for immigration purposes if it has not been consummated.  Generally speaking, if you plan to seek immigration benefits, it is best to have a regular marriage.

Do We Really Have to Physically See Each Other Within Two Years To File the K-1 Fiance Visa?

Yes.   It is a hardened rule that the immigration agency enforces very strictly.   Applicants for the K-1 Visa must see each other within the two years immediately proceeding the filing of the application.   Two years and one day before will not work, nor will seeing each other while the K-1 Visa is pending.   The only waivers to the K-1 visa’s meeting rule are strictly interpreted.

Do you have other questions?   Let me know.

If you have any questions, please contact a New York Fiancee Visa Lawyer.

The Mexican soup opera star will most likely face deportation for marriage fraud.

The case highlights the need for careful scrutiny of each couple seeking immigration benefits based upon marriage to a U.S. couple.  However, at times the scrutiny seems a bit over zealous and individuals in good faith marriages have a difficult time showing the government that their relationship is real.  Just saying it is, is not enough.  Knowing what kinds of evidence the government is seeking is half the battle.

If you are thinking of seeking immigration into the United States, please contact a New York K-1 Visa attorney or New York Spousal Visa attorney to ensure you receive the immigration benefits you are entitled to receive.

This restriction applies to both adult immigrant beneficiaries and children immigrant beneficiaries.  If a person is subject to the act, he or she must demonstrate to the immigration agency that there is no risk to the beneficiary.  The immigration agency has sole discretion in making a determination.

The “specified offenses against minors,” include:

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

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

• Solicitation to engage in sexual conduct;

• Use in a sexual performance;

• Solicitation to practice prostitution;

• Video voyeurism as described in section 1801 of Title 18, United States Code;

• Possession, production, or distribution of child pornography;

• Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or

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

The BIA ruled that the reason for the denial was not based on law, and that the K-1 visa holder could, therefore, adjust status despite not being married to the original K-1 visa petitioner.

The facts of the case are very specific, and individuals should not use it as a template for future K-1 visa couples.  If you have a question about your K-1 visa case, please contact Gafner Law Firm.

If you are applying for a K-1 visa, you may wonder how many couples are in the same position.   According to the Department of State, here is your answer:

It is important to note that the U.S. does not place a limit on the number of K-1 visas that are issued each year.  What is important to the agency is the ability to show the couple is engaged to be married.

If you are seeking a K-1 visa attorney, please contact Gafner Law Firm.

Generally speaking, the K-1 visa is for fiances and fiancees of U.S. citizens who seek to enter the United States for the sole purpose of entering the United States to marry within 90 days.  8 U.S.C. §§ 1101(a)(15)(K)(i), 1184(d).  Once the K-1 visa holder marries, the couple needs to seek an adjustment of status application so that the foreign national can become a lawful permanent resident.

In this case, as in many other cases, the foreign national had not married the petitioner who had sought the K-1 visa.  Instead, the K-1 visa holder married another U.S. citizen and sought to adjust status based upon the relationship with the new U.S. citizen.  The 9th Circuit determined that the foreign national could not adjust status because of the explicit language of the K-1 visa statute and regulations.

Again, if you are in this situation, please consult an immigration attorney immediately to see if you will be able to adjust status and obtain permanent residency.

U.S. Immigration law often requires lovers to be separated while the proper immigration paperwork is completed.   Often times, separated couples communicate back and forth through many different social network sites, including facebook, myspace, and many ethnically unique social networks.

As recently reported by the Huffington Post (and confirmed by an official USCIS document), the immigration agency has advised its staff to use social networks to clandestinely “friend” applicants and see whether or not a couple is truly in a good faith relationship.

The immigration agency already has a overly active imagination in believing that many couples are fraudulently seeking immigration benefits through illegitimate marriage and fiancee relationships.  Now, through snooping on social networking sites, the immigration agency can take off hand, or incomplete comments, made by a couple and blow the comments up into “evidence” that a couple is attempting to defraud the system.

This approach is disconcerting to many, and whether USCIS should be engaged in such sneaky activity is questionable.  The usefulness of such activity is also questionable, and many “false positives” of false relationships will undoubtedly result.  For example, couples often have inside jokes or phrases that have personal meaning to the couple, but may have a different meaning to individuals who are not friends with the couple.   USCIS should stick to what it knows best and not go snooping around.   That is what she said.

If you don’t get the last sentence, I just proved my point in the example above.

The K-1 process is a long, drawn out process (much more so then need be).  First, a U.S. citizen must petition the uSCIS.  After the USCIS makes its decision, the petition is sent overseas to where the foreign national fiance(e) is waiting.  The U.S. Consulate then interviews the foreign national and decides whether or not the foreign national is admissible and in a good faith relationship with the U.S. petitioner.

For more information, please contact a K-1 visa lawyer.