A k1 fiance visa is a document that makes it possible for the future husband of a United States citizen to enter the country as long as the marriage takes place within 3 months of entry. It is designed for foreign men that wish to have American spouses. Once the marriage has been formalised, the immigrant can apply for permanent citizenship. In the event that the marriage does not take place then the applicant is deported after 90 days.
The application typically starts with the filling of the corresponding form at the United States Immigration Department. This is evaluated and sent to the American Embassy office that is closest to the applicant. The embassy then requests the applicant to undergo a comprehensive medical examination and to go for an interview. The main role of the interview is to establish whether the said relationship indeed exists and whether or not is legal.
The embassy will approve the application only after being convinced that the relationship exists and conforms to the laid down legal requirements. Petitioners may wait up to 8 months before their application is approved. This may even be much longer if there are many inconsistencies in the information provided. The name of petitioner is printed on special adhesive label that is in turn affixed to the passport.
There are a number of conditions that must be met before the visa is issued. The most important of these include the requirement that the partners must have attained the legal age for marriage as per the United States law. Previously, the petition only allowed heterosexual relations but this has since changed. Persons with a criminal record, drug and addicts and those that have been deported in the past for one reason or another are not eligible.
The couple must have met physically at least once in two years prior to petitioning. An allowance is however given in cases where tradition or religion forbids such meetings. The applicant must be able to prove financial stability to ensure that he will not be a public liability while living in the US. The two must provide their identity with ID cards and birth certificates, together with divorce decrees (if any) to prove their eligibility of marrying.
There have been numerous reports of fraud related to the acquisition and use of the documents. Many persons have falsified documents just to gain entry into the United States. For this reason, the immigration department has made it tougher for persons seeking to get permanent residency. Each person seeking permanent citizenship must have been in the marriage for a minimum of two years. Dissolution of the marriage may lead to annulment of citizenship.
The spouses are closely monitored within the two year period to prove that their relationship is valid and that there are no issues that can cause suspicion of a fraud. Logically, the couple should have activities or interests in common. These include for instance, language, religion, property and joint vacations among others. Of crucial importance is the need for a sense of reality and honesty in the marriage.
Most of the applicants of the k1 fiance visa get their document. Accurately filled forms have a probability of close to 100% of being approved. Revocation will occur if one does not meet all the requirements or when evidence of fraud is identified.
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