Fiancé K-1 Visas in Portland, OR
Filing for a fiancé or K-1 visa is a complex process that requires competent legal representation due to changing immigration laws and requirements. Retain an experienced, knowledgeable Fiancé Visa attorney to make sure the process is done correctly and efficiently the first time so as to avoid delays in your fiancé(e)’s arrival in the U.S.
The K-1 is one of the most common and most rejected visa applications, especially for do-it-yourself petitioners. Strict regulations need to be followed because there are many traps in a petition that could cause a case to be rejected. Here are some common pitfalls that can be encountered in the process.
Insufficient proof of intent to marry within 90 days of entry. In addition to being engages, there needs to be proof of a clear intent to get married upon entry into the United States.
The petitioner is not a U.S. citizen. A permanent resident is not eligible to serve as petitioner.
The couple have never physically met within the last two years. There are very few exceptions to this rule. This can be a problem with many couples who have only communicated by phone, chat, or video phone via online dating.
Immigration officers will assume that all immigration petitions are fraudulent unless proven otherwise. There must be ample evidence of a legitimate relationship. The consular officer will look into the length and quality of the relationship, the number of visits and other factors.
The U.S. citizen is limited to applying for only two K-1 visa in their lifetime, unless they file for a waiver of this limitation.
IMBRA, which is legislation passed in 2006, requires a petitioner for any K nonimmigrant visa for an alien fiancé to submit information on certain criminal convictions in their past. The convictions range from domestic abuse, sexual crimes, violence, and repeated substance abuse. Convictions of these types of crime can serve to be an automatic denial of the petition if the situation is not properly handled at the time of filing.
To set up an appointment, call Alexander Law Firm, LP today.