Fiance Visa

Marrying Somone Who is Not from the U.S.

I have written a lot of articles about immigration issues and processes for U.S. Citizens who are engaged to or married to foreign nationals. I was reviewing the articles on my site the other day and it occurred to me that the majority of the articles I have written are intended for international couples who have already decided to get engaged, married, and live their lives together in the U.S. And in most cases, these articles assume that my audience has already decided which immigration process to pursue.

Reissuance of a K1 Fiance Visa

The K1 fiance visa is a single entry visa. This means that the visa may only be used once to enter the U.S. Thus, once a K1 visa holder enters the U.S. using his or her K1 visa he or she may not use it to enter the U.S. again.

In some cases, either because of the K1 visa holders lack of knowledge of the single entry nature of the visa or because other circumstances required the K1 visa holder to depart the U.S.

Establishing a Bona Fide Fiance/Fiancee Relationship for a K1 Fiance Visa

Sometimes I feel like a broken record saying this but K1 visa applications are won and lost based on the strength of the supporting documentation. One of the most common reasons for the denial of K1 visas at the consular level is failure to establish that the relationship between the U.S. Citizen petitioner and the foreign national fiance or fiancee is bona fide. In simple terms, this means that the applicant didn't convince the consular officer that the relationship was legitimate and not simply for the purposes of obtaining a visa to the U.S.

My fiance entered the U.S. on a K1 visa and then left without obtaining a green card, can she return to the U.S.?

The K1 fiance visa is a single entry visa which means that it can only be used once to enter the United States. Thus, if the K1 visa holder is to return to the U.S. he or she will need some other sort of document or visa to return to the U.S. If the K1 visa holder leaves the U.S. without an Advanced Parole document or green card, he or she will not be able to return without obtaining a visa.

This is why it is critical that K1 visa holders do not depart the U.S. without either a travel document or green card in hand.

The Affidavit of Support and the K1 Visa

Although the K1 fiance visa is a non-immigrant visa, in many respects it is treated as an immigrant visa. U.S. immigration law requires that all applicant's for immigrant visas establish that they are not likely to become a public charge. In plain language this means, that the immigrant has to establish they will not require government support such as welfare. K1 visa regulations require that an applicant for a K1 fiancee visa establish that the applicant would be eligible to receive an immigrant visa.

The K1 Fiance Visa Application

The K1 fiance visa is a non-immigrant visa that can be filed by a U.S. Citizen. The visa, if issued, allows the foreign national fiance or fiancee of the U.S. Citizen to enter the United States for the purpose of marrying the U.S. Citizen petitioner.

Fiance Visa and Immigrant Visa Denials on the Rise

Members of the American Immigration Lawyers Assocation, or AILA, recently reported some outstanding statistics about denial rates for visas to the U.S. In fiscal year 2009. The Department of State (the government agency responsible for adjudicating visa applications) denied and returned over 54,000 visa applications to the USCIS for revocation. Although no case specific date was presented, AILA experts believe that a majority of these denials were marriage-based immigrant visa petitions or fiance visa petitions.

Traps for the Unweary: Fiancee Visa Denials Based on Past Drug Use

Many K1 fiance visa petitioners and beneficiaries are unaware of the many problems that can arise with a K1 petition after a USCIS approval has been obtained. A USCIS approval is only the first step in the process and essentially just gives the K1 beneficiary the right to apply for a fiance visa at the U.S. Embassy abroad. What most people do not know is that all applicants for K1 fiance visas may be denied a visa if he or she is found to be inadmissible under U.S. immigration law.

I did not marry the person who filed my K1 visa petition, can I still get my greencard?

A K1 fiance visa holder cannot adjust his or her status to a lawful permanent resident based on a marriage to any one other than the U.S. Citizen petitioner. A person in this situation would have to return to his or her country and apply for an visa at the U.S. embassy abroad.

What if my fiancee and I do not marry within the 90 day period?

A fiance visa allows the foreign national fiance to enter the U.S. for the purpose of marrying the U.S. Citizen petition. If the fiance visa holder does not marry the U.S. Citizen within the 90 day period he or she must depart the U.S. or will begin to accrue unlawful status.

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