Immigration Law

Fiancee Visa (K-1), Spousal Visa (K-3), Adjustment of Status ("Green Card"), Tourist Visa (B-1, B-2), Naturalization


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Email: visas@wwdl.net

Tel. +1(800) 576-3367
Fax +1(602) 468-1119
Services Provided by our Office      Fiancee Visa (K1)

THE CONSULAR INTERVIEW – APPROVAL OF K-1 VISA

The interview process is normally very short and direct. The consulate will determine at that point whether or not they will grant the K-1/K-2 visa.


She will be asked when and how you two met, how long have you known each other, if your Fiancee speaks English (in order to have a solid proof that you two could communicate somehow), if you and her have any interests in common; where she is going to reside in the U.S.; about how many people live with you (petitioner) at the moment. They also might ask your Fiancee about your biographical facts, your religion, your job, etc..

Age difference.
As they say in Russia, “Lubvi vse vozrasti pokorni”, meaning that age does not matter for love. But remember, that the interviewing officer is not Russian born; therefore, if there is a big age difference (20 years and more), the officer will be questioning your relationship much harder. Make sure that your Fiancee gives direct and honest answers.

Language barrier.
There are a lot of different ways to communicate with each other besides speaking directly in English or Russian (a sign language, for instance). However, the interviewing officer’s first concern would be if your Fiancee speaks English or if you speak her native language by checking your ability to communicate with each other. Of course, the ideal answer would be that your Faincee speaks some English or at least taking some classes of English; or that you speak her language or at least making some efforts to do so.

Grounds for denial include but are not limited to: prior criminal history, terrorist affiliations, health problems such as tuberculosis or insanity.  The consultant will also be looking for signs of a potential “sham” marriage, or visa fraud.  The consulate takes visa fraud very seriously.

PENALTIES FOR COMMITTING MARRIAGE FRAUD OR SUBMITTING FALSE INFORMATION:

Title 8, United States Code, Section 100 states that whoever willfully and knowingly falsifies a material fact, makes a false statement or makes use of a false document will be fined up to $10,000, or imprisoned up to five years, or both.

Title 8, United States Code, Section 1325 states that any individual who knowingly enters into a marriage contract for the purpose of evading any provisions of the immigration laws shall be imprisoned for not more than five years, or fined not more than $250,000, or both.

Once her Fiancee visa application was granted, the physical visa will be placed in the passport and your Fiancee will have up to six months from the issue date to enter the United States.

WHAT HAPPENS IF THEY SAY "NO"

We cannot put aside the fact that something might go wrong at the interview. Even thought it happens very seldom, but we would like you to be aware of the worst and be ready to face the problem if you have to.

The most common reason for denying of the I-129F Application is a lack of the necessary documents. In this case, the interviewing officer at the U.S. Embassy or Consulate will put your case aside and will give you or your Fiancee a certain amount of time in order to obtain the missing documentation. The sooner you provide it the sooner you will obtain the favorable decision.

Another reason for rejection of your application package could be a lack of evidence of Petitioner’s financial ability to support Fiancee upon her arrival to the United States. In this case, you would have to provide additional documents as a proof of your stable financial situation or find a co-sponsor (relative or friend).

Finally, the interviewing officer might deny your application due to the lack of facts of establishing of ongoing true relationship between you and your Fiancee. He/she could again request for more evidence from you.  

If you are denied, you have two options. First option is to re-file the whole package and pay all the fees one more time. No exceptions. But this time include all the necessary documents and evidence. The second option is to file an appeal of the unfavorable decision. In the later case, I would definitely recommend to seek a legal advice in order to determine if you have a solid ground for your appeal.



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