subject: Leading Issues in K-1 Fiance Visa Petitions [print this page] Leading Issues in K-1 Fiance Visa Petitions
A standard question my law firm receives comes from clients, "Will my own fiance visapetition become denied?" This is simply not an effortless question to be able to answer. Many variables come in place. The Consul officer must abide by the State Dept. handbook and decide if they can offer the visa according to its suggestions. That mentioned, despite adherence to all or any procedures, several petitions are usually denied. Exactly why? The most frequent reason are problems with the couple's conditions and/or connection. Below, find a list with the most notable concerns in K-1 fiance(e) visa petitions.
Married While Seeing Each Other
If the partnership began while one of many parties has been still wedded, this might also reflect negatively around the relationship. Worse yet, if the particular engagement took place while certainly one of parties has been still wedded, the choosing officer can expect a negative conclusion.
Earlier Filed K-1 Petitions
Cases where the petitioner provides previously registered a K-1 fiance visa case always boost an issue. It's likely that this kind of case will probably be subject with a more demanding review. Moreover, pursuant for the International Marriage Broker Regulation Act of 2005 (IMBRA), you can find filing limitations added to the petitioner. When any petitioner provides a couple of K-1 fiance visa petitions filed at the USCIS or provides previously registered a K-1 visa petition within the past two years, ahead of the filing with the current case, they must have a waiver with the IMBRA processing limitation.
Variant in Age
Each time a beneficiary will be significantly younger as compared to their petitioner fiance(e), quick skepticism develops. Why would certainly a 21 year woman desire to marry any 63 yr old man? The State Dept. handbook places the duty is around the beneficiary to be able to prove the eligibility for her immigration benefit sought. That duty drastically increases with the large variance in age.
Small Amount of Time Together
The choosing officer will probably be skeptical with the nature with the relationship in the event the couple provides spent a somewhat small timeframe together. What do people mean about "small timeframe together"? This will be fact extensive. However, in the event the couple started out speaking on the web on January 1, 2011 and planning a wedding on January 21, 2011, that would probably lead the particular interviewing officer finally there's no romantic connection.
Many Previous Trips and/or Attempts to USA
If the particular beneficiary has lots of trips to the USA, any overstay has to be explained. More, depending on the size of the overstay, the beneficiary could be subject to a three (3) or perhaps ten (10) yr bar coming from re-entering the USA. If any bar can apply, the petitioner must make application for a waiver. More, multiple visa tries and failures are often viewed unfavorably.
The previously mentioned list is certainly not exhaustive regarding potential concerns. Further, even when a relationship displays almost all five with the above concerns, the choosing officer may well still offer the fiance visa. In any event, identification regarding any issues ahead of the interview is vital to accomplishment.
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