Articles Posted in K1 Fiance Visa

by
Large age differences between a couple who are applying for a K1 Fiance Visa can become an issue in the application process. Based on my experience, I would say that an age difference of 10 years or less is not an issue at all.  An age difference of 10 to 20 years may be looked at as a potential issue, but it’s not so uncommon to cause real concern. However, an age difference of 25 years or more will be noticed, and will likely become an issue that needs to be overcome with other facts proving that the relationship is genuine.
As you can appreciate, the larger the difference in a couple’s ages, the more the age difference becomes an issue. However, the good news is that a large age difference in and of itself, will not disqualify the couple from applying for and obtaining a fiance visa. USCIS and the US Embassy will consider the totality of the facts to determine the validity of the relationship. This includes, how the couple met, how much time does the couple spend communicating with one another, when did the couple first meet in person, how long did they spend time together in person, how many times have they met in person, did the couple take pictures together and some with family, as well as many other factors that would demonstrate that the couple are truly in love. From my experience, I sense that there is still a bias in favor of older men and younger woman by comparison to cases of older woman with younger men. Again, the totality of the facts will be weighed against any negatives present in the application.
Another factor that is closely looked at when the US Citizen is significantly older than his or her fiancé, is whether the older person in the relationship suffers from any medical problems and is in need of some level of medical care. Immigration will closely scrutinize such a relationship and look to see if the parties are truly in love or whether they are simply trying to arrange for medical care using a K1 Fiance visa based on a fictitious relationship. Fiance visas are not intended for in home care takers or nurses! They are reserved for couples who are truly in love and wish to get married.
Continue reading →

by
K1 Fiance visas can be denied at either the USCIS level or later at the US Embassy. In either case, a denial suggest that something is wrong with your application and you will likely need professional help to fix the problem.
K1 Fiance visas that are denied by USCIS can be appealed. Once denied, USCIS will provide you with a written notice of denial and instructions for filing an appeal. If you chose to file an appeal, you will have 30 days to do so. Unfortunately, filing an appeal is expensive. The filing fee for an appeal is more than the filing fee for the original application.
Another alternative when your application is denied by USCIS,  is to re file your Fiance Visa petition. This means you are starting over and many times this is the best way to proceed. Whatever problems or deficiencies that where present in your first application can be completely avoided by re filing.  Its also less expensive than an appeal.

Continue reading →

by

After entering the US on a K1 Fiance Visa, you can apply for permission to work. You must file form I-765, Application for Employment Authorization. Once approved, you will be authorized to work for only a period of 90 days from the date that you entered the US.

A better approach is to file for your work authorization at the same time you file for your Adjustment of Status to become a Legal Permanent Resident. Under this approach, you would file your I-765 along with your I-485, Application to Adjust Status to legal Permanent Residence (AOS). There are two main benefits to waiting and filing your work authorization with your AOS. First, if you file your I-765 with your I-485, you do not have to pay the nearly $600 filing fee typically charged for obtaining your work authorization. Second, once approved, your permission to work is permanent so long as you are a Legal Permanent Resident.
If you have questions about the K1 Fiance Visa, please feel free to give me a call toll free at 1-888-515-3529.

by
The application process for a K1 Fiance Visa requires both the Petitioner and the Beneficiary to describe how they met and what caused them to fall in love “the love story” and to express their intent to get married within 90 days after the foreign fiancé arrives in the US. Another requirement for the K1 Fiance Visa is to show that the couple have actually met in person within a 2 year period just prior to the filing of their K1 Fiancé Visa application. You can met all three requirements with one good letter each.
When writing your letters, please address the following points:
  • Introduce yourself
Continue reading →

by
The K1 Fiance visa requires proof that the Petitioner and the foreign fiancé have met in person at least once within a two year period prior to the filing of their visa application.
The easiest and perhaps the best way to prove that you have met your foreign fiancé in person is through pictures. Take lots of pictures when you meet and spend time together and preferably with a camera that automatically dates each photo. If you are using a camera that does not date your pictures, have them developed and date them yourself. I would also suggest taking some pictures in front of an obvious landmark that shows where you are (for example; in front of the Eiffel Tower in France). Pictures with family and at family gatherings are also a good idea.

Continue reading →

by
Given the recent developments in the investigation of the San Bernardino terrorist attacks, where a K1 Fiance Visa was wrongfully given to a terrorist, I expect that there will be changes to the K1 Fiance Visa application process and review. One big change that seems inevitable is how the government will review an applicant’s social media accounts and postings. I do expect that the Department of Homeland Security and The US State Department will begin reviewing the social media accounts of its applicants very soon. Given the need to properly vet those who wish to immigrate to the United States to ensure the safety of all Americans, this seems to be a fair area of inquiry. Historically, social media has not routinely been reviewed for various reasons stemming from privacy concerns to the added expense that the additional review time would necessitate.

Continue reading →

by
The K1 Fiance Visa has come under some intense scrutiny because of the recent terrorist attack in California. Unfortunately, it looks like one of the terrorists came into the US through a K1 Fiance Visa. Gaining entrance into the US through a K1 Fiance Visa could not have been easy and based on my experience with helping couples from around the world who have applied for a K1 Fiance Visa, I know that it is a time consuming and thorough process.
The K1 Fiance Visa is intended to help couples who have met each other in person and are truly in love and wish to get married and be together. It is an important visa that has helped create many wonderful American families. Applying for a K1 Fiance Visa is not a quick or simple task. It requires the submission of several forms and documents, and then the application undergoes careful examination by the US Department of Homeland Security and the Department of State. Background and criminal checks are performed on both the petitioner (US Citizen) and the beneficiary (foreign fiancé). The process takes about 8-9 months and it concludes with a interview at the US Embassy or US Consulate closest to where the foreign fiancé resides.

Continue reading →

by
Age differences between couples is common and generally accepted by USCIS when applying for a K1 Fiance Visa. However, large differences in a couples ages will result in closer scrutiny of your case. I routinely see cases that are approved where the age difference between the couple is 20 to 30 years.  Where there is such a large age difference between the couple, it becomes important to show that the relationship is genuine through other factors.
One factor is the longevity of the relationship. The longer a couple has had a relationship together the better. This is especially true when the couples ages are quite far apart.
Proof that you have regular conversations is also important. Today, there are several ways to stay in touch……cells phones, email, Skype, Viber, texting, Yahoo Messenger, Whats Up, etc…Keeping a record of your communications is important. You will want to submit copies of your conversations with your application. It not only shows that you stay in touch with each other, which you would expect, but it will show the content of your communications. Submit examples of your communications that show that you care for and miss one another.
Continue reading →

by

Immigration benefits for same sex couples are now legal and our office is getting Fiance Visas and Marriage Visas approved for same sex couples from around the world!

As you may have heard, same sex marriages are now legal in all 50 states and this makes getting married to a same sex partner much easier than before. No longer do you have to travel to a state that allows for same sex marriages after your fiancé enters the US on his or her Fiance Visa to get married.  Also, you no longer have to worry about the religious or legal impediments in the foreign fiancés country. All Fiance Visa applications are processed by a local US Embassy who applies only US law. So even if your fiancé comes from a country that does not recognize same sex marriages or has strong religious opposition to same sex marriages, the application will be processed and approved in accordance with US law.

If you are already married and you were married in the US, you can now apply for a Marriage Visa without issue or your foreign spouse can adjust status to become a Legal Permanent Resident depending on your circumstances.

Continue reading →

by
There are certain basic documents that are required by USCIS when applying for a K1 Fiance Visa. Both the Petitioner (US Citizen) and the Beneficiary (foreign fiance) have to provide documents along with their signed forms. These documents include:
  • Birth Certificates
  • Copies of Passport Pages
Continue reading →
Business Consumer Alliance Expertise Badge 10 best 2020 Client Satisfaction The National Advocates - Top 100 Member
The National Advocates - Top 100 Lawyers
Proud Member - Business - Consumer - Alliance
Best of the Best Attorneys
Contact Information
Ohio Office
 1900 Polaris Pkwy #450-018
Columbus, OH 43240
Toll Free: 888-515-3529
Los Angeles Office
 10940 Wilshire Blvd #1600
Los Angeles, CA 90024
Toll Free: 888-515-3529

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2014 – 2024, Law Offices of Jeffrey C. Pettys
JUSTIA Law Firm Blog Design