7. June 2010 by admin.

There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage.  These include the following:

• having one or more children not named in the petition,
• a prior undisclosed marriage (even if it has been annulled or ended by divorce or death),
• in the case of a fiancée, a current pregnancy.

Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioners awareness of all of the factors associated with the fiancé(e). 

Consular officers should use their discretion in determining whether to return the K-1 petition to the DHS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, consular officers need not return the petition. 

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.  If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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7. June 2010 by admin.

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7. June 2010 by admin.

K-1 fiance(e) visas are technically nonimmigrant visas. They allow the fiance(e) to enter the U.S. for a period of 90 days. The fiance(e) is admitted to enter for purposes of marrying the U.S. citizen.  

In light of this, one would expect that the foreign fiance(e) would be processed at a nonimmigrant post at the U.S. embassy or consulate general overseas. However, the Foreign Affairs Manual clearly states K-1 and K-2 visas must be processed and issued only at immigrant visa (IV) issuing posts.  

Furthermore, if a nonimmigrant visa (NIV) issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.  Similarly, applicants for K-3 spousal visas should also be processed at IV posts, as K-1s are. However, in some cases K-3 spousal visas may have to be processed at a consular post that normally issues only NIV, because there is no IV post in the country.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  In sum, it is important to know which post will be processing your K-1 or K-3 visa. Because IV posts are responsible for processing these cases, the nearest visa-issuing office may not necessarily be the office your fiance(e) will be required to visit to obtain the K-1 or K-3 visa stamp.  

If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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