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As you know, the K-1 visa is one of the most popular and frequently denied visa applications. So in this video, we will talk about the pitfalls when applying for the K-1 Fiancé Visa so that you don’t experience a denial of your application.
The K-1 visa, also known as the fiancé or fiancée visa, is a popular choice for overseas couples. The visa allows a non-American who is engaged to a U.S. citizen to enter the U.S. legally and get married. That person may subsequently apply for a green card. The K-1 visa is loaded with complications. Because there are several traps in a petition that could result in a case being denied, strict procedures to avoid pitfalls must be observed. If you make even one mistake, your visa application may be delayed or denied. These are some pitfalls when applying for this visa:
⦁ If the U.S. citizen and fiancé marry after submitting the petition before the now spouse arrives to the United States, the foreign spouse loses eligibility for the K-1 fiancé visa. They would then be eligible for a K-3 visa or a marriage-based green card.
⦁ Failure to provide clear evidence of the established relationship can also result in a denied application.
You and your partner must have met in person at least once in the previous two years to be eligible for the K-1 visa. There are a few exceptions, though US Citizenship and Immigration Services may grant a waiver if a couple can show that meeting in person would go against their culture’s or society’s standards or that meeting would subject the U.S. petitioner to “severe hardship.”
Another pitfall when applying for the visa is lack of preparation for the K-1 interview
When interviewing, the fiancé should show evidence that they have plans to get married within 90 days of admission. Also, it is required that the petitioner be a citizen of the U.S. A petition cannot be submitted by a permanent resident of the United States. Further, there might be limitations on some marriage arrangements, such as an age minimum and the level of familial ties. If there is a situation where the divorce from a prior relationship is in progress but the case had not yet been resolved, then that needs to be resolved before applying.
Overall, the K-1 visa is one of the most frequently requested U.S. visas. However, errors in the application for a K-1 visa could ruin those intentions and might result in long-term immigration issues so be sure to work with experienced immigration counsel when applying.
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