Mistakes That Can Derail a U.S. Fiancé Visa
Obtaining a fiancé visa can be daunting, particularly when bringing your fiancé into the United States. With immigration matters so uncertain right now, it can be even more difficult. Your fiancé will need a K-1 visa, allowing a foreign citizen to come into the United States and marry their intended partner within 90 days of arrival.
To become a lawful permanent resident (green card holder), the foreign spouse must apply for an adjustment of status. Unfortunately, the application process for a fiancé visa can be complex. The smallest error can result in a long delay at best or a denial at worst. To ensure there are no mistakes in your fiancé visa, it can be extremely beneficial to speak to a Herndon, VA immigration attorney.
What Are the Most Common Mistakes in Fiancé Visas?
While every situation is different, there are some mistakes that are more common than others when applying for a fiancé visa. Some of these mistakes include:
Out-of-Date Forms or Incomplete Information on the Forms
U.S. Citizenship and Immigration Services (USCIS) requires very detailed information on the Petition for Alien Fiancé, Form I-129F. Applications with incorrect dates, a missing signature, or errors in information can result in the petition being rejected. Having a professional review your forms is a good idea because errors and omissions can cause significant delays.
Insufficient Proof of a Genuine Relationship
You will be asked to prove that your relationship with your fiancé is real to ensure that you are not marrying one another simply to allow your fiancé to come to the United States. You will both be interviewed and will be asked for "evidence" of your relationship. This evidence might include affidavits from friends and family members, phone and text message logs, photographs, and travel itineraries.
Lack of Evidence for Financial Support
A U.S. citizen bringing his or her fiancé to the United States for the purpose of marriage must provide proof of income to show that he or she can support the foreign fiancé once they are married. You will need to provide copies of your pay stubs, an employment letter that verifies your employment status and salary, and past tax returns.
Past Immigration Violations Were Not Disclosed
If the foreign fiancé has prior violations of U.S. immigration laws, this must be disclosed. Hidden information can have devastating consequences. Both parties must always be transparent regarding any past immigration issues. An immigration attorney can advise you on the best way to address these issues in your application.
Failing to Obtain Required Vaccinations and Medical Exams
The K-1 visa process requires specific vaccinations and a full medical exam. Attempting to avoid these requirements is never beneficial, and putting them off until the last minute is rarely a good idea. Schedule the exam as early as possible, and make sure your foreign fiancé is up-to-date on all required vaccinations.
Failing to Prepare for the Consular Interview
The interview is pivotal in the entire fiancé visa process. You must provide convincing evidence that you are in a genuine relationship and have met in person within the past two years. If either party is poorly prepared or cannot answer the questions convincingly, your application will be jeopardized.
In-depth answers will be required, and the interviewer will know if either of you is answering with memorized phrases. Make sure all necessary documents are organized and ready. Practice answering the commonly asked questions until your answers are clear and confident. Maintain consistent communication with your fiancé throughout the process, especially before the consular interview.
Contact a Fairfax County, VA Immigration Lawyer
If you are trying to obtain a fiancé visa, having an experienced Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC can significantly affect the outcome. Attorney Ruiz has more than 20 years of experience in immigration matters, speaks English and Spanish, and offers a supportive, full-service law firm. Call 571-441-2233 to schedule your free consultation.