How to Avoid Common Issues with K-1 Visa Applications
The fiancee visa application process can have significant pitfalls. Learn how to avoid them in the following article.
September 21, 2012
A fiancee visa (also known as a K-1 visa) allows a foreign citizen to travel to the United States and marry his or her U.S. citizen spouse. There are a number of requirements to be satisfied before a K-1 visa is granted. As such, there are a number of pitfalls that can slow a petition's approval. This article will highlight these potential issues and how an attorney can help applicants avoid them.Incomplete information - The most common reason for rejecting K-1 petitions is for incompleteness. Experienced immigration law attorneys understand how the system works, and they are very through in gathering all the information to support the petition. For example, there must be sufficient information showing that the couple met previously and has bona-fide intent to marry. The parties must also provide evidence of their respective citizenship status, as well as information showing that they are legally eligible to marry.
Preparing for the consulate interview - The visa interview is arguably the most important part of the process. A number of applications become stalled (and ultimately are rejected) after an unconvincing interview. Consulate officers tend to deconstruct applicants' relationships with U.S. citizens in order discover inconsistencies that could reveal inferences of fraud. (Sham marriages had become such a problem, that it forced policy changes). An immigration law attorneys take time to break down each part of the interview process so that applicants can become comfortable and confident when questioned by consulate officers.
Contesting denied petitions - While most visa petitions are successful, some may be denied. When this occurs, an attorney can help in finding legal remedies to denials. While a visa denial can be a serious part of one's immigration profile, it is possible to contest it through an adversarial proceeding. An attorney can break down all the purported reasons for the denial, and look for issues that would overturn the decision. This may include examining the record of the interview, discovering whether all procedures were followed, and presenting information that was previously not included in the petition.
In conclusion, the visa application process has several significant pitfalls that can be avoided if an immigration law attorney is involved early in the process
Article provided by Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
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