When it comes to immigration law matters, misconceptions abound. K-1 visas, also referred to as fiancé visas, are complex. However, matters may become unnecessarily challenging when petitioners and fiancés fall prey to myths about the process. Here are five important myths to be aware of if you are petitioning for a fiancé visa:
1. US Citizen Petitioners Are Guaranteed K-1 Visas For Their Foreign Fiancés
Petitioners often consider K-1 visas a right. That is not the case. No US citizen is guaranteed a K-1 visa for a foreign fiancé. It is critical that petitioners carefully complete all documentation and follow the proper steps in order to strengthen their chances of being granted a K-1 visa for their fiancé. An attorney can be beneficial in this process.
2. K-1 Visa Petitioners Must Be Rich
While the petitioner must show that they meet income requirements in an affidavit of support, the income requirements are modest. Furthermore, if the petitioner does not have sufficient income, there may be other options to meet the requirements.
3. K-1 Visas Grant US Citizenship
A K-1 visa does not automatically grant citizenship. After the marriage, the foreign spouse is eligible for a conditional green card. Eventually, the spouse will be able to pursue naturalization and citizenship, but there is a separate process that will need to be completed.
4. The Embassy Interviewer Will Accuse You Of Fraud
Many people fear the embassy interview because they are afraid they are going to be accused of falsifying the engagement and pending marriage. In reality, the interviews tend to be straightforward. The consular officer may ask about the relationship and wedding plans. Problems most commonly arise if there is a criminal record.
5. There Are Faster Ways Around The K-1 Visa
People often try to outsmart the system. They fly overseas to get married to their foreign fiancé or they have their foreign fiancé apply for a tourist visa to get into the United States faster. The reality is that each path is going to come with its own set of requirements and challenges. Furthermore, trying to work around the system may end up causing problems that can prove costly, time-consuming or ultimately jeopardize the fiancé's ability to come to the country.
If you are truly interested in the fastest route to a K-1 visa, consider working with an experienced immigration lawyer. A lawyer who is devoted to these matters will know how to efficiently fulfill the requirements and avoid any roadblocks, ultimately helping you obtain your goal as quickly and cost-effectively as possible.
At Miley & Brown, P.C., we have been handling fiancé visas and other immigration law matters since 1985. Count on us to guide you through the process with the appropriate care and consideration.