K1 Fiance Visa Don’ts: What NOT to do

Here are 7 Tips that when working with VisaCoach K1 Fiance Visa clients I always advise them NOT to do. By avoiding these common opportunities to “shoot yourself In the foot” consular officers skepticism can be minimized and an applicant will Have the best chance for success.

 

Tip Number 1.
Don’t attempt to “game” the visa process by applying for another visa.

Don’t apply for tourist, student or employment visas, because you think they are simpler or faster than the fiance visa. If you goal is a life together, the fiance visa is the only legitimate path. And the only path likely to success.

Not only does this waste time waiting to hear that the bogus application has been rejected, but it serves to flag your Fiancee/Spouse as someone who probably desperate to enter the U.S. any way possible.

All fiance visa applications are initially viewed skeptically by USCIS and the U.S. State Department because they know, that this is an area where previous fraud has occurred. Gigilos, gold diggers, con-men even terrorists have used Fiance Visas as a way to break into the USA.

The officials mission is to prevent abuse, to catch fraud, not bring happy couples together.

Applying for a fiance visa after unsuccessfully applying for in-appropriate visas subjects your Fiancee to extra scrutiny which could result in delays or even outright rejection.

Tip Number 2.
Don’t try to get around the requirement to meet “in-person”, “face to face” unless it trully is IMPOSSIBLE to travel to meet.

Inconvenient” is never a good enough reason. Don’t apply for a waiver to avoid the requirement to meet your Fiancee in person. Unless it is incontrovertible that you are not physically able to meet hime or her.

Attempting to avoid the meeting reflects poorly on the sincerity of the relationship. The Fiancee Visa eligibility rules require that you have met your Fiancee in person within the two years prior to your filing your application. The regulations provide a loophole allowing a waiver to the physical meeting.

This waiver has been written to allow couples with special circumstances to skip the meeting, specifically if the meeting will cause unusual hardship or violates strict cultural or religious practices. If your religion arranges marriages and the bride and the groom are not allowed to see each other till the wedding day, or if you are in an iron lung, then by all means apply for the waiver. However, not wanting to fly or not wanting to avoid the expense of a plane ticket or having a busy work schedule is not a valid excuse that will result in a waiver being granted.

And worse it reflects badly on how genuine your relationship is. USCIS needs to be convinced of the seriousness and sincerity, the “bona fides” of your relationship in order to approve the visa application. They expect a sincere suitor to take EVERY possible opportunity to spend time with his or her lover. Attempting to avoid meeting will attract unwanted suspicion.

Tip Number 3.
Don’t let too much time pass between your last in-person, face to face meeting with your Fiance and when the fiance visa application is submitted.

Officially you can wait almost 2 years since your last Face to Face, and still be to be eligible to apply.

But imagine how bad that looks in the eyes of the consular officer. You claim you can’t live without this person, you want to spend the rest of your lifes together, BUT you haven’t bothered to take the time and effort to even visit once in over two years.

I always recommend my clients to submit as soon as possible after return from a trip to be with their fiance. Normally we start work on the application a few months before the trip in order to get organized. I send my client with forms to sign, and detailed personalized checklists on what to do and bring back from the trip.

Usually the VisaCoach “front loaded” petition is 90% ready on my desk during the trip, then just as soon as my client returns, and gives me the final “bits and pieces” we submit. This way we submit with the “flames” of their “bona fide” relationship are burning the brightest.

Tip Number 4.
Don’t allow more than 6 to 9 months to pass between Face to Face meetings.

Travel to meet your fiance as often as you can afford time and money wise. The more you act like a couple that can’t bear to be separated, the more likely your petition will be smoothly approved.

Tip Number 5.
Don’t hide details about your prior marriages.

A common cause of denial is when US immigration learns that one of the couple did not disclose a previous marriage. Usually this is the US sponsor. Regardless of where and when a previous marriage took place, regardless of how long the marriage lasted, regardless if the ceremony took place in a foreign country, US Immigration REQUIRES that you identify it, and provide documentary proof, such as divorce or annulment decrees or death certificates that the marriage was ended. Not disclosing all prior marriages usually ends in fast denial.

Tip Number 6.
Don’t marry before traveling on the Fiancee Visa.

Sometimes after the Fiancee Visa is granted, couples attempt to marry twice, first in the foreign fiancee’s country, then after traveling to the USA marry a second time in the USA. If married before traveling to the USA, the Fiance visa is made invalid. And to use the invalid visa is considered immigration fraud.

At the border crossing upon entry to the U.S. the Inspecting officer will take the foreign fiance out of the line, to a side room and ask her or him a few questions, such as “Are you single?”. If the officer suspects your fiance is already married, she or he will be refused entry to the U.S. and sent back on the next flight. The application process would then need to be started completely over this time with the Husband now petitioning for a Spousal Visa. It is ok to enjoy an informal celebration with fiance’s family and friends but never acceptable to be officially married before traveling on the K1 Fiance Visa.

Tip Number 7.
Don’t keep “skeletons” in your closet secret from your Fiancee.

Had a run in with the law? Bad previous marriage? Don’t let the consular officer be the one to break the news to your fiance. Your Fiance should know the FULL story, so if asked, your fiance can confirm not only that she or he knows all about you, and your past, but is also CONFIDENT that what ever had occurred in the past, won’t be repeated and is not expected to cause any problems in the future of your marriage and future lifes together.

The way to ensure that you don’t have to remember all the don’ts, or remember all the do’s. Is to hire VisaCoach to help you. I will do the remembering for you, and bring you safely through to the other side.

By Fred Wahl
the VisaCoach