Published: July 18, 2023
The K-1 visa, also known as the fiancé visa, is a non-immigrant visa allowing the non-citizen fiancé(e) of a US citizen to enter the United States. The foreign fiancé(e) should marry their US citizen partner within 90 days following their arrival. After getting married and fulfilling all the conditions of a K-1 visa, the non-citizen fiancé(e) may later qualify and apply for permanent residency.
Applying for fiancé visas involve multiple steps and requirements. Aspiring immigrants should be familiar with the best pieces of evidence to submit. The quality and relevancy of documents you submit may improve your chances of approval before immigration offices.
For immediate and consistent support while processing your visas and other immigration needs, coordinate with ALG Lawyers. We can assign you to a trustworthy immigration attorney in Los Angeles to work closely on your case.
What Applicants Should Prove for K-1 Visa
The USCIS and other immigration offices are keen with the documents you submit. Be mindful. The smallest details could raise suspicions that could prompt immigration officers to deny your application. Besides, establishing quality pieces of evidence from the get go may benefit you should there be any litigations in the future.
Sponsor’s citizenship
For a K-1 visa applicant to be eligible, their fiancé should be a US citizen. The latter will sponsor for the non-citizen partner to be admitted in US. The application will fail if the sponsor partner is merely a lawful permanent resident (LPR) or green card holder. The sponsor partner should prove their bona fide US citizenship, whether they are a natural-born or naturalized citizen.
No legal impediments to marry
Both the US citizen and non-citizen partner should be legally allowed to wed each other. They should not possess any legal impediment to marry each other. It is possible for either of them to have previous marriages. However, such marriages should have been terminated through annulment, divorce, death, or any other legal means. A partner who underwent legal separation with a previous spouse is still disqualified from marrying another.
Details of previous marriage
Applicants who had a previous marriage should not hide this fact with the government. Doing so may be perceived as an attempt to defraud the system. Instead, applicants should disclose every significant detail to bolster the claim that they do not have legal impediments to marry their new partner. Explaining how the previous marriage ended could benefit the ongoing K-1 visa application.
Criminal background
A previous criminal record may trigger the inadmissibility clause of the Immigration and Nationality Act. If this happens, the applicant may not lawfully enter United States. However, depending on the offense, there could be legal ways to address the situation. Consult a K-1 visa lawyer as soon as possible to find the best solution for this issue.
Proof of relationship
Immigration officers are most keen about the genuineness of the applicants’ relationships. You can establish your relationship with your partner through photographs, video footages, correspondences, flight tickets, and hotel reservations. Organize your evidence in a way that tells a coherent and believable story. Share specific details to help immigration officers believe that you are telling your stories through personal experiences.
Tips When Preparing K-1 Visa Documents
According to recent statistics, the annual admission of K-1 visas ranges from 25,000 to 35,000. Given the limited slots, making the slightest procedural mistakes could ruin your chances. Many of the unsuccessful applicants were not as meticulous with their submissions. Follow these tips when preparing for your K-1 visa documents:
Organize your documents
You and your US citizen partner should segregate the files accordingly and place appropriate labels. Others utilize color coordinated folders and arrange their documents in an alphabetical or chronological order. Also, refrain from disposing notices from USCIS and other government agencies.
Know about the filing deadlines
Applicants should know about the deadlines for document submissions. USCIS is strict about late submissions and almost never grants an exception. If you find the schedules confusing, reach out to immigration lawyers. They may teach you how to count the submission dates and what to do when the deadline falls on a non-working day or holiday.
Review your files before submitting
Make at least one thorough check after completing your checklist of requirements. Inspect every form and confirmed whether you filled in every necessary detail. Many applicants often forget to lodge their signatures. Also, do not forget the attachment. Scan every file to determine whether a page or two is missing.
Prepare ahead of time
Do not be lax when the deadlines are still faraway. It is ideal to process your documents ahead of time because you can set time allowances for unexpected turn of events which may derail your application. Sometimes, the delay may not be your fault. Some offices may function slower due to backlog and lack of manpower.
Be truthful
Do not challenge the assessment skills of immigration officers. They were trained to detect fraudulent information. Once caught, you may suffer from a permanent disqualification. Applicants should be clear and honest with their entries. If you had legal issues before, explain what happened and supplement your claims with evidence.
Consult a reliable immigration attorney
When in doubt, consult K-1 visa lawyers. As field experts, they can make intricate immigration concepts more understandable and give you apt legal advice. You can depend on them when you feel overwhelmed with the processes. With their guidance, you can also avoid scams and other fraudulent schemes.
Common Mistakes When Applying for K-1 visa
These errors can severely affect your K-1 visa application:
Violation of IMBRA
The International Marriage Broker Regulation Act (IMBRA) exists to deter marriage fraud and domestic violence. Non-compliance with its rules may result in the application’s denial. Some of its regulations include:
- Limited attempts at filing K-1 visa petitions
- Spouses should at least be 18 years old to get married
- K-1 visa applicants must disclose their criminal history
- The US citizen spouse must undergo a background check
Financial unpreparedness
Some applicants underestimate America’s cost of living. Since only their US citizen partner have access to employment, the couple and their family may have hard time keep their finances at bay until getting a visa approval.
Getting married before coming to US
The purpose of a K-1 visa is for you and your US partner to get married in United States. Contracting a legally binding marriage with each other forfeits your application.
Starting a new life with your special loved one in America is a dream come true for many immigrants. Allow our well-trained and highly adept K-1 visa lawyers to oversee your application and provide you with legal support. ALG Lawyers has more than 20 years of field experience and we are confident in delivering consistent, top-quality services.
Besides fiancé visas, we also facilitate other types of immigrant and non-immigrant applications. Have a look at our expansive selection of legal services. If you need help in any of our areas of expertise, do not hesitate to let us know. You can book an appointment with us during your earliest availability.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)