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If your fiancé is a non-U.S. citizen or resident, getting married is not hard. However, bringing your fiance’ into the U.S. to be married and stay is another matter.
Aside from a temporary tourist visit, a fiance’ planning to get a permanent residency will need to be approved on what is known as a K-1 fiance visa approved by the U.S. consulate in their home country.
However, this application is easy to make a mistake with if one doesn’t know what they are doing ahead of time. The government is not a big proponent of adding people into the country just because they want to get married here. So, if one makes an error on a K-1 application, it can be very costly.
Working with an immigration attorney Naperville can help you make the best preparations and actions, avoiding mistakes that could affect your fiance’s visa application.
Common Mistakes and How to Avoid Them
The official goal of the K-1 application process is to confirm that the applicant is a bona fide enter and not becoming a social cost burden on the U.S. government once the foreign national enters the U.S. If approved, there is every assumption that the applicant will eventually gain residency status.
However, despite the importance, mistakes happen regularly, and a good number of them are preventable.
The most common is leaving out the required information. The government cross-checks data and often finds missing items that will cause an application to be denied.
The second related issue is a dishonest answer; these are found the same way with cross-checking validation. Things as simple as missing a signature or incorrectly filling out the related forms can create a mess, and odd or suspicious responses will also get attention.
Many couples are genuinely trying to get married and follow the law, but the stress of the process can cause people to fail too. A bad K-1 interview can definitely sink an application, as the interviewing officer can become suspicious when an applicant can’t communicate or answer clearly.
The other big mistake is not taking the visa time limitation seriously and failing to file for adjustment of status (after the marriage in the US) within 90 days of the entry of the foreign national spouse.
There’s much expectation on the partners once a K-1 visa is approved. The U.S. partner has to file Form I-129F for the fiancé. The K-1 fiance has to attend an interview in their home country, and if the K1 is approved, then the fiancé can enter on the K1 visa. Then the couple has 90 days to get married and file for the spouse’s green card or adjustment of status.
Another area more technical but just as critical is compliance with International Marriage Broker Act.
The IMBA was enacted in response to the high number of arranged marriages that often happen as partners seek like-minded fiancés through vendor services. Because these cases are considered high risk for fraud, the federal government regulates how and when to file a K-1 application for such relationships and entries.
Restrictions include a cap on the number of applications made, background checks, criminal history checks, and similar. An IMBA violation can result in a denial of the application.
Seeking a Legal Assistance from an Immigration Attorney in Naperville?
Kasturi Law LLC has successfully helped many couples and married partners-to-be make their way through the K-1 application process. Because the K-1 fiancé visa is so prone to risks and mistakes, it’s a common-sense recommendation to engage with the help of an immigration attorney Naperville resource instead of going it alone.
Whether filing the fiancé visa petition or preparing for the related interview, our Naperville immigration attorney can give clients one of the best standings possible in a K-1 immigration case and petition. Why risk making avoidable mistakes and possibly being barred from applying again in the near future?
Don’t take a chance at your K1 fiancé visa’s success without a knowledgeable professional to navigate the loops and hoops of immigration law. No one will sympathize with your impending marriage being turned upside down if your application doesn’t pass screening, but Kasturi Law LLC can assist you. Call us today to schedule an appointment.