In a previous post, we discussed the two year meeting requirement for fiancé visas and the best evidence to prove that you and your fiancé met in person prior to submitting the K Visa application. Although the meeting requirement is quite rigid, there are two exemptions available to those who qualify. According to the immigration regulations, a petitioner (the U.S. citizen) may be exempted from the two-year meeting requirement "only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the beneficiary's (the non-citizen fiancé) foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day."
Read MoreFor those that came to the U.S. on a valid non-immigrant visa, and then through the course of their studies or while working at their job they met someone, got engaged and are now married, it might come as quite a surprise that the immigration laws are very forgiving to people who overstay their visas under these circumstances. In fact, this happens quite regularly in the U.S.
Read MoreEngagement and marriage to a U.S. Citizen is by far the most direct and immediate path to securing legal immigration status in the United States. For that very reason, the United States Citizenship and Immigration Service (“USCIS”) reviews each and every application under a heightened level of scrutiny in an attempt to uncover any evidence of immigration fraud or misrepresentation. Since the path to citizenship is shortened and simplified for individuals who are married to U.S. citizens, the potential for abuse of the system is intensified. Our current immigration laws were written favorably towards fiancés and spouses in an effort to not only promote family unity, but also to ensure that the law was not a direct obstacle to keeping families together. Given the public policy interests for providing this fast track to fiancés and spouses, it is important to note that, despite increased scrutiny, bona fide relationships and marriages will easily overcome any hurdles faced during the application process.
Read MoreThe Immigration and Nationality Act (“INA”) was originally enacted in 1952 and although it has been amended numerous times, it addresses all aspects of our immigration system, including, birthright citizenship, asylum, deportation, travel visas, and legal authorizations to live and work in the United States.
Due to the immense complexity of our immigration laws, it’s quite easy to misunderstand the different ways that someone is legally authorized to live, work and travel within the United States.
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