The fiancé visa process is a very common method of bringing a loved one to the U.S. to live permanently, but it is also a very technical and sometimes difficult process since it is one of the most abused processes under immigration. As such, the government is very strict and carefully scrutinizes every request. Naturally, fiancé visa applicants get very nervous about proving their relationship is bona-fide (real or legitimate). There are a number of simple ways to do this.
Since all applicants must prove they met in person within the last 2 years, there is usually a significant amount of evidence available for the filing. I recommend using things like plane tickets, hotel receipts, or even proof of attending the same event. Pictures of the couple together are generally the most impactful evidence and I recommend using ones that seem natural or normal given the relationship and culture. It is usually pretty easy for the government to spot staged or fake pictures of a couple that just don’t seem “right.”
Because the two-year requirement involves traveling internationally, taking time off work, and spending thousands of dollars, applicants will often try to get around it or fake the visit. How is this done? Applicants will try to use pictures that may show both people at the same place, but in a group setting or even pictures of each person separately that appear to be in the same location, but without both people together at the same time. The only advice I can give here is to not try to fake this requirement. If you cannot afford to do the process properly, wasting more money on an incomplete or fraudulent filing that will result in being barred from future immigration benefits is not the answer.
Another common question we receive from fiancé visa applicants relates to other family members. Often people involved in an international relationship that leads to a fiancé visa tend to be a bit older and it is very common for them to already have a family from a prior relationship. So, their next question is always whether the sponsor can include the children of their fiancé on the same application. There is always a great deal of stress and worry over the answer to this question since it usually will make or break a fiancé's attempt to move to the U.S. to get married.
If you receive a K-1 fiancé visa to enter the U.S. to get married, your unmarried children under the age of 21 are normally eligible to accompany you as well. They will be given K-2 visas to enter the U.S. at the same time and to stay for the duration of the wedding as well as the green card process. The term "children" includes not only biological children of your fiancé but adopted children or even those who may have been born out of wedlock, as long as your home country legally recognizes them as your children.
The process for a K2 visa is very similar to the K1 visa with the exception of not having to file separate applications for each child in the first part of the process which is the administrative filing within the United States. The second part of the fiancé visa process is within the embassy and requires separate applications for each person seeking entry into the U.S. These individuals will all be required to attend the interview with the parent, but will be evaluated individually to determine if they are legally eligible to enter the U.S.
So, how long does this all take? The typical fiancé visa process is around one to two years depending on the backlog of files within U.S. Citizenship and Immigration Services (USCIS) and the available interview slots at the embassy abroad. If done properly, there are usually no delays due to requests for additional information to prove the eligibility of the sponsor or fiancé. This is why we recommend working with an experienced immigration attorney and never attempting to file a fiancé visa yourself.
For assistance with your fiancé visa process, please contact our office to schedule a consultation. You can do this either by calling our office at +1 888 589 2228 or by using the following link to schedule an appointment online:
https://marvinlawoffice.com/schedule-a-consultation/
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