23. October 2009 by admin.

Even though an individual may be approvable for a K-1 fiance(e) visa stamp, he or she may be prevented from entering the U.S. if s/he is considered inadmissible.

There are several reasons why an individual may be considered inadmissible. They can apply if an applicant has a criminal background or has previously violated U.S. immigration laws during time spent in the U.S. There are health-related grounds which may render an applicant inadmissible, if an applicant has a communicable disease.

Participation in certain political groups, including Communist parties, may also affect a fiance(e)’s eligiblity. This specifically affects fiance(e)s from China and an inquiry into whether a fiance(e) has membership in the Chinese Communist Party is a necessary question to make sure this ground for inadmissibility doesn’t apply.

If a ground for inadmissibility applies, the applicant’s prospects for entering the U.S. are not doomed. A waiver of the ground(s) of inadmissibility can be obtained. This application for a waiver is prepared on the I-601.

The USCIS has just revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete.

Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible.
 

Waiver applications are not easy and results are not guaranteed. If you think you will need to apply for a waiver for your beloved, contact our law firm at 626-771-1078 for a free consultation and review. Visit us at www.myfianceevisa.com

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23. October 2009 by admin.

Relationships, like everything else in life, are organic and constantly evolving. They don’t always start and stop as cleanly as they do in fairy tales.

For K-1 fiance(e) visa relationships, starting a relationship while one of the individuals is still married poses potential problems that may result in the USCIS officer asking additional questions.

Timing plays a large role in determining whether a K-1 fiance(e) visa stamp will be approved. When did the relationship with the foreign fiance(e) begin? Is the individual and his/her soon-to-be ex-spouse separated? Have divorce papers been filed? When is the divorce expected to be officially dissolved?

In addition, the usual host of factors will also be considered in evaluating the outcome of the case. This includes the ages of the U.S. citizen and foreign applicant, the foreign applicant’s English competency, the length of the courtship, the home country of the foreign fiance(e), whether the fiance(e) has previously visited the U.S., the criminal history of the U.S. citizen and the foreign fiance(e), to name a few.

The bottom line is that it is very possible for a foreign fiance(e) to be approved for a K-1 fiance(e) visa even if the relationship began while one was still married. The key is establishing that the relationship is bona fide. The couple should demonstrate that their love is legitimate and maturing. This can be achieved through supporting evidence such as emails and phone logs.

While overlapping relationships are not planned for, they are not uncommon. Any prejudice on the part of the USCIS or consular officer against relationships with these charactertics need to be addressed deliberately and with ample supporting documents.

If you are involved in a relationship with a foreign fiance(e) that overlaps with a previous relationship, please do not hesitate to contact our law firm at 626-771-1078 to discuss your options or visit us at www.myfianceevisa.com   

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