One of the most commonly asked question on K1 visa is whether you can marry your fiance(e) without a K1 visa. Can your fiance(e) travel to the United States on other visas and get married while waiting for a K1 visa? Or can your fiance(e) simply get married to you without even applying for a K1 visa?
Pertaining to the last question, if you are already married with a foreigner, then you will need to apply for a K3 visa - the spouse visa. Else, the answer to all the above questions is NO!
Applying for K1 visa is a long and arduous process and thus, some couples may try to hasten this process through other methods. The fiance(e) enters the United States as a visitor, business trip, or even as students. The couples get married and the fiance(e) apply to become a permanent resident. The green card is issued and they live happily ever after...that is until the authorities deport the foreigner back home!
You have to understand that United States visas are very specific in nature. There are terms and conditions to its uses. For business trip, the foreigner has to apply for B1 visa. For studying in the United States, the foreigner applies for F1 visa. For getting married in the United States, the foreigner applies for K1 visa - also known as the marriage visa. There is a whole list of visa types from A to Z - each with its own unique purpose! To use the visa beyond its stipulated purpose is considered committing fraud against the U.S government. Anytime the authorities or state department discover this fraud, they will not hesitate to take action against the offender.
Technically, there is nothing preventing you from doing so. You and your fiance(e) can get married in the United States while he/she is on social visit. Your fiance(e) get even get a "permanent resident" status. However, anytime this fraud is discovered, your fiance(e) will be deported back home and may even be barred from entering the United States!
With such serious penalties in mind, you must act within the legal limits. Applying for K1 visa is a long and arduous process as you and your fiance(e) will be separated for at least 6-8 months while waiting for the K1 visa to be issued. However, you risk wasting more time, money and effort if you try to pursue other illegal methods to hasten the process.
If you are looking to apply for K1 visa, follow this step-by-step K1 visa guide. If you still have doubts and quires, refer to this list of common K1 visa questions now.
Showing posts with label k1 visa question. Show all posts
Showing posts with label k1 visa question. Show all posts
Wednesday, 15 June 2011
Monday, 13 June 2011
K1 Visa Denied! Lesser Known Facts About K1 Visa Application
Is your fiance(e) k1 visa denied? Have he/she fulfilled all the requirements? The sense of indignation as your k1 visa application for your fiance(e) gets rejected. While there is much information on how to apply for k1 visa, there are also some lesser known requirements that is not so well publicise.
The basic requirements of k1 visa is the need to prove that you and your fiance(e) have met for the past 2 years, and that both of you are legally free to marry. However, there is also a requirement on your financial status - a requirement that is not well known among applicants.
In order for your k1 visa to be approved, you and your fiance(e) must prove that your income is above 125% of the national poverty level. This is done through Form-I134, affidavit of support. The purpose of this requirement is to prove to the U.S government that your fiance(e) will not become a public charge. Being a public charge means being dependent of the government for long term financial aids or medical care.
To prove that your fiance(e) is not at risk of becoming a public charge, your fiance(e) will have to prove that he/she is able to financially support himself/herself. You can also prove that you are financially capable of supporting your fiance(e) should the need arise. To prove all these, you can submit evidence of past work history and future work opportunities. Documentation such as tax returns or bank statements should also be submitted.
So what happens in the event that neither you and your fiance(e) are able to support each other financially? In that case, you will need to find family members or friends to fill out Form-I134 and to prove that they are willing and capable of providing financial support.
Apart from financial stability, another unwritten requirement of K1 visa is the proficiency in English of your fiance(e). Very often, poor language skills from your fiance(e) can result in K1 visa being denied. This aspect is tested during the visa interview. The interviewing officer will pose some questions and how your fiance(e) answers them will give an indication of his/her English skills.
If your fiance(e) is not able to communicate effectively, the interviewing officer will have every reason to doubt your relationship. The relationship may not be bona fide and it is likely that you and your fiance(e) are not communicating effectively and do not known each other well enough. Lack of English skills will also mean that your fiance(e) will not be able to integrate into the society.
The above are the 2 lesser known requirements about K1 visa application. Before applying for K1 visa, it is best to learn more about the common questions regarding K1 visa so that your application does not get rejected and all your time and effort wasted!
The basic requirements of k1 visa is the need to prove that you and your fiance(e) have met for the past 2 years, and that both of you are legally free to marry. However, there is also a requirement on your financial status - a requirement that is not well known among applicants.
In order for your k1 visa to be approved, you and your fiance(e) must prove that your income is above 125% of the national poverty level. This is done through Form-I134, affidavit of support. The purpose of this requirement is to prove to the U.S government that your fiance(e) will not become a public charge. Being a public charge means being dependent of the government for long term financial aids or medical care.
To prove that your fiance(e) is not at risk of becoming a public charge, your fiance(e) will have to prove that he/she is able to financially support himself/herself. You can also prove that you are financially capable of supporting your fiance(e) should the need arise. To prove all these, you can submit evidence of past work history and future work opportunities. Documentation such as tax returns or bank statements should also be submitted.
So what happens in the event that neither you and your fiance(e) are able to support each other financially? In that case, you will need to find family members or friends to fill out Form-I134 and to prove that they are willing and capable of providing financial support.
Apart from financial stability, another unwritten requirement of K1 visa is the proficiency in English of your fiance(e). Very often, poor language skills from your fiance(e) can result in K1 visa being denied. This aspect is tested during the visa interview. The interviewing officer will pose some questions and how your fiance(e) answers them will give an indication of his/her English skills.
If your fiance(e) is not able to communicate effectively, the interviewing officer will have every reason to doubt your relationship. The relationship may not be bona fide and it is likely that you and your fiance(e) are not communicating effectively and do not known each other well enough. Lack of English skills will also mean that your fiance(e) will not be able to integrate into the society.
The above are the 2 lesser known requirements about K1 visa application. Before applying for K1 visa, it is best to learn more about the common questions regarding K1 visa so that your application does not get rejected and all your time and effort wasted!
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