FIANCE VISAS: K-1 and K-3

Consular officers and USCIS officers are looking at marriage based cases for signs of fraud. Remember: haste makes waste. Here are some tips:

  • You need a real dating period. Don’t meet and marry. Wait.
  • Are both of you eligible to marry in your countries of origin?
  •  If you were previously married, did you divorce your spouse? Marriages don’t just “disappear.” You need a real divorce decree.
  •  To get a K-1 or K-3, one of the parties must be a U.S. citizen. A greencard holder can petition for the greencard of a foreign national spouse but a greencard holder cannot petition for a K-3.
  •  The U.S. citizen must satisfy the Affidavit of Support requirements.
  • The U.S. citizen and foreign national must have seen each other during the last 2 years. 
  • The couple needs a paper trail of documentation and photos to prove the relationship is real. Emails, phone logs, plane tickets, text messages, photos with family and friends, etc.. 
  • Proxy marriages are a problem unless you consummate the marriage after the proxy ceremony

ATTORNEY PETER VILES, J.D., LL.M

Attorney Peter M. Viles has spent 25 years as a professional lawyer practicing before the immigration service and immigration courts. He has also counseled and prepared countless clients overseas for their visa interviews. He knows how to help clients tell their stories in a way the officers will understand. He also knows what the officers are really looking for in the documentation the officers review at the interviews. Years of client preparation for immigration court and first hand experience of bringing cases before immigration judges has taught him how to help clients prepare for their court hearings.