The K-1 fiancé visa is a popular U.S. visa for foreign national fiancés entering the U.S. for marriage and adjustment to permanent resident status. Common mistakes in the process can delay or cause long-term immigration issues. Before preparing Form I-129F, review these avoidable issues.
Summiting a Poorly Prepared Petition
Small errors in Form I-129F can cause delays or rejections in the K-1 visa process. USCIS rejects thousands of forms each year due to forgetting to sign them.
Not Disclosing IMBRA Facts
The International Marriage Broker Regulation Act (IMBRA) of 2005 aims to protect immigrants and U.S. citizens from volatile relationships. It prohibits marketing under 18 clients, requires background checks, discloses certain crimes when filing Form I-129F, and limits petitioning times. The law could force immigration officials to deny K-1 visas if a U.S. citizen fails to disclose information, potentially leading to canceled engagements.
Failing to Summit Sufficient Evidence of Eligibility for K-1 Visa Process
To qualify for the K-1 visa, a couple must meet certain conditions, including meeting in person within two years, intending to marry within 90 days, being legally able to marry in the state, having a good faith relationship, and including a U.S. citizen fiancé petitioner
Not Being Prepared for K-1 Interview
Immigration officials require proof of engagement for I-129F visa petitions, as marriage is a commonly abused path to permanent residence. Factors triggering questioning include short engagement, cultural differences, age differences, religions, no common language, and limited physical time together.
Understanding typical interview questions is crucial for K-1 applicants, as most will interview without a U.S. spouse.
Passing the 90-Day Deadline
The K-1 visa process requires a 90-day marriage deadline after entering the U.S., making it challenging to plan a large wedding and coordinate family travel. To accommodate this, it’s recommended to plan a simple ceremony and file Form I-485, Application to Adjust Status, soon after the wedding. The adjustment of status package includes forms like I-485, Application to Register Permanent Residence or Adjust Status, Affidavit of Support, Report of Medical Examination and Vaccination Record, Application for Employment Authorization, and Application for Travel Document
Other Mistakes in the K-1 Visa Process
Misrepresenting facts during the K-1 visa process can lead to visa denials. Immigration officials may review previous visa cases and deny green cards if fraudulent information is discovered.