Things that could impact your fiance visa case
This information is intended to offer an understanding of potential circumstances that may use a negative impact upon your fiance visa application.
If you and your fiance have only spent a short time together:
For those who have physically seen each other only once and through this meeting you have spent mere few days together, this fact alone may supply the United Embassy a basis to conclude that the qualified intent to marry does not exist. One of the primary considerations through the interview is always to determine the application is perfect for the reason for marriage rather than immigration. Naturally, a credit card applicatoin sustained by several days being together physically might cause the U.S. Embassy official to question the caliber of the partnership. In such a circumstance we might advise the parties to see the other person again ahead of filing.
A second potential concern is if the relationship has lasted for any limited time frame prior to marry:
In circumstances by which applicants have known one another for less than a few months just before obtaining a fiance visa this sort of short relationship may serve as a foundation for the Embassy official to also question the validity from the intent to marry. Though it is recognized that some couples instantly fall in love a short relationship all alone may form a basis for concern in the fiance visa process.
Another common cause for concern is a significant age difference between the parties:
Although our office has successfully handled many K1 visas with significant differences in age the factor of aging difference can not be ignored. Generally, an important difference in age might cause the Embassy official to question as to whether younger party's involvement inside the relationship is real and genuine and not for that purposes of immigration.
Another critical factor is the ability to effectively communicate.
If you have an important language barrier between the parties to the relationship, this fact alone may serve as a cause for a denial. Obviously, in order to prove a valid relationship with all the intent to marry the parties has to be capable of effectively communicate inside a meaningful way.
Yet another part of concern are circumstances high is insufficient documentation supporting the grade of the partnership.
Apart from the issue of proving you have physically seen each other in the last 2 yrs by documented evidence, we have to also establish the grade of the partnership by documented evidence. The fiance visa application has to be based on sufficient documentation proving the caliber of the partnership. It is important that applicants save all records with regards to communication.
There are many significant situations that could serve reason for denial.
You are once the petitioner has previously declared a foreign fiancee or even a foreign spouse. This kind of circumstance may need obtaining a waiver pursuant towards the International Marriage Broker Act.
Another very common problem is where the Petitioner does not meet the minimum financial income requirements:
In this circumstance the Petitioner must utilize a cosponsor for your case. However, even if the application is combined with cosponsor's financial documentation the Immigration official has discretion to make the determination regarding likelihood whether or not the beneficiary will become a public charge.
Another cause for significant concern are circumstances where the foreign fiancee has tried to get yourself a U.S. visa that led to denial or revocation due to misrepresentation or false statements designed to immigration officials; or in the event the foreign fiance has previously held it's place in the United States and overstayed her visa/status; or if the foreign fiance has been previously deported from your United States; or when the foreign fiance has entered the usa in the past illegally.
The foreign fiance is held for the high standard of moral turpitude. Any criminal record including arrests may serve the cornerstone for denial.
There kinds of past criminal activity that could limit the petitioner's capability to make application for a K1 Visa. These types of crimes are set forth in the International Marriage Broker's Act.
Lastly, the Foreign fiance can be a susceptible to the physical examination. To the extent the foreign fiance includes a communicable disease such as HIV, hepatitis or tuberculosis this fact alone may serve as a grounds for a denial.
Please recognize that representation is very important in every case. If you are intending to get a fiance visa please contact our firm.
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