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Using K1 Fiance Visas to Help You and Your Loved Ones

K-1 visas, or fiancé visas as they are frequently referred to, are one of the tools utilized to bring loved ones into the country if they are not already related to you.  The purpose of  K-1 visas, according to United States Citizenship and Immigration Services (USCIS) is “to bring a foreign national fiancé(s) living abroad to the United States to marry.” Many citizens use K-1 visas to bring their loved ones into this country, but to do so they must meet certain eligibility requirements. A licensed immigration attorney can better help you understand whether you need a K-1 visa.

 

If you want to bring your fiancé to the U.S. on a K-1 visa then you must be able to prove:

 

  1. You are a U.S. citizen.
  2. You intend to marry your fiancé within 90 days of entering the U.S.
  3. Both you and your fiancé are able to legally marry (i.e. any previous marriages are legally terminated).
  4. You and your fiancé met at least once within two years of filing your visa petition.

 

As to the fourth element, there are some exceptions which may apply, but you need to consult with a licensed immigration attorney to know whether or not they do.

 

Fiancé  Visa Fraud

Fiancé  visas are not the most commonly granted visa, but they are not uncommon either. According to the U.S. Department of State, almost 36,000 K-1 visas were issued in 2014 alone.  In fact fiancé visas are even one of the main components of the popular TLC show 90 Day Fiance. The show is named after the 90 day window couples must get married in after they are united in the U.S. Despite the popularity of the fiancé visa, it is under scrutiny.  CBS News reported the federal government was investigating the K-1 visa program after it was discovered one of the shooters in the San Bernardino incident entered this country on a K-1 visa.  Although the shooter, Tashfeen Malik, was vetted by five different government agencies she still succeeded in getting a K-1 visa.

 

The Current State of Fiancé Visas

The K-1 visa application program is still the same as it was before the San Bernardino shootings.  However, that may change in the near future.  CNN Politics noted that President Obama called for a review of K-1 visa adjudications, a review that is currently underway. As TIME noted in a recent article, there is no strategy to prevent all anti-American sentiment from reaching the U.S., but incidents like San Bernardino help to bring to light the possible issues with the current screening system.  Since this is an election year it is likely that multiple visa programs will come under increased scrutiny as pundits compete for political favor.

 

What to do if I need a Fiance Visa?

If you need are in need of a K-1 visa you should contact a licensed immigration attorney as soon as possible.  Only an immigration attorney will know how to properly file your application for the visa, as well as the hurdles you will face as you file your petition. The process can be very extensive and may take time. A licensed immigration attorney will be able to assist you with the timing and filing unique to the K-1 visa.

Got a question?

Call us at (310) 591-8200 or send us an email at contact [@] maxlawinc.com.

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