Immigration and Marriage Fraud

Two recent episodes represent the continuing fraud that exists in the immigration system. The first episode involves Mexican actress Fernanda Romero who is accused of committing marriage fraud by the U.S. Government. Ms. Romero is accused of paying her husband to marry her so that she could become a permanent resident in the United States. …

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Should You Marry on a Tourist Visa?

Many couples believe that a foreign national fiance (or fiancee) can simply enter the United States on a tourist visa, get married and then stay in the United States without leaving the United States and without facing any consequence. This idea is very appealing to couples as they do not want to wait for six …

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Affidavit of Support for a Fiancee Visa: I-134 or I-864?

One of the greatest concerns that many couples have concerning the fiancee visa (or fiance visa) is whether the petitioner will be able to demonstrate that the beneficiary is financially supported. This concern is especially acute for many fiancee visa applicants because many fall in love and decide to marry early in life when they …

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K-1 Visa's Meeting Requirement Waiver: Beneficiary's Long Established Cultural Practice

Normally, the K-1 visa requires the K-1 applicants to meet within the two years immediately prior to the filing of the K-1 fiance visa. However, the immigration agency allows for two exceptions to this requirement. One exception is based upon the extreme hardship that would be felt by the K-1 petitioner. The second exception is …

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K-1 Fiance Visa Waiver: Extreme Hardship

The K-1 visa allows for a foreign national fiance(e) of a U.S. citizen to come to the United States and marry. Once married, the couple can apply for the foreign national’s adjustment of status, work authorization and advanced parole. Applying for these benefits will enable the foreign national to become a green card holder (lawful …

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Recent K-1 Fiancee Visa Case Shows Need for Counsel When Seeking Waiver of Meeting Requirement

The USCIS recently made public a K-1 visa opinion from an applicant who sought to obtain a waiver to the K-1’s meeting requirement. Due to a lack of evidence demonstrating that a K-1 waiver was appropriate, the applicant was denied and his Pakistani fiancee could not enter the United States to marry him. K-1 visa …

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K-1 Visa Does Not Convert To K-3 Visa

The K-1 process is long and often tests the will of many couples who simply want to marry each other. An unfortunate result of the delay is that many couples who have filed a K-1 visa decide to get married before the K-1 visa is approved These couples, who just want to get married, wrongly …

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The K-1 Visa's Two Year Meeting Requirement

A U.S. citizen must file a K-1 visa petition for a foreign national fiance(e) if the couple plans to marry and remain in the United States. In fact, the K-1 visa only allows the foreign national fiance(e) to do just that: enter the United States and marry. Once in the United States, the foreign national …

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Recent K-1 Visa Decision Shows Need For Well Organized Documentation

Immigration Attorney Chris Gafner recently reviewed a K-1 Visa decision that shows just how thoroughly applicants must demonstrate that they have met within two years immediately preceding the filing of the I-129F application. Although not involved with the case, Gafner Law Firm regularly reviews K1 visa appeal decisions to ensure that it remains in tune …

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