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Resolving Important Questions that Couples Ask Regarding Fiancé Visa

Resolving Important Questions that Couples Ask Regarding Fiancé Visa

When you are making the wedding preparations, make sure you do not take the K-1 fiancé casually. The denial rate for K-1 visas has increased in the past few years. Therefore, one needs to meet all ends for the application to approve.

What Happens to the Children of My fiancé?

If your fiancé has children from an earlier marriage, the fiance visa does not permit them to enter the country with their parent. Moreover, children under the age of 21 have to apply for a K-2 visa. A few necessities regarding the children include the following: 

  • Preferably the children should not cross 21 years of age, at least till the approval of a K-1 or K-2 visa. 
  • The children need to be unmarried.
  • The fiancé should have legal permission and custody to take the children out of the home country.

What if One Party is Not Single?

There are specific US laws and eligibility criteria that you need to fulfill to obtain a fiancé visa. One of the most essential is that both parties should not possess any obstacle from earlier marriages. If both of you are single, the process is easier for the authorities. If you or the fiancé have a pending divorce, it is wise to finalize the divorce, wrap it up, and then apply for a K-1 visa. The authorities will need to check the required documentation stating the divorce is final when filing the petition. Even if you are sure about the divorce’s clearance in due time, experts suggest not to apply at the early stage. 

You Should Possess Adequate Income Proof

When a US citizen sponsors someone from another country, he should meet the government’s adequate income guidelines. Since these guidelines keep changing, you can check the latest ones before applying for a fiancé visa. The financial policies ensure that the applicant is financially strong and stable to support the other person on arrival in the US.  

Have You Applied for More than Two Petitions?

If you have applied for more than two K-1 petitions in the past, you will have to apply for a waiver to make yourself eligible for a fresh visa petition. In situations when you saw the approval of any of your petitions, you might still need to apply for a waiver. However, applying for a waiver is not troublesome. You need to write an application to the USCIS about the details of the previous petition. Also, you need to add about your relationship did not work, which is why there was no pursue marriage.

Knowing Your Fiancé

To become eligible, one needs to make sure that your fiancé from the host country does not have any severe and pending criminal records, infectious diseases, drug addictions, or dangerous disorder. Also, they should not have committed any immigration violations in the past. In case you feel doubt, contact an attorney to help you understand the process.

Couples have faced long delays due to the discrepancies in their visa applications. To avoid the hassle, keep the above pointers in mind and consult an immigration attorney for proper guidance.


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