Proof of Legal Ability to Marry
There are many reasons a K1 visa might be denied. However, before you ever get into the detail of the method , confirm you meet these three basic requirements:
You and your fiance have met within the 2 years before the filing the petition. It doesn’t matter if you've got met 100 times before that. The USCIS isn't lenient during this area and that we have seen petitions denied where the couple met 25 months before the filing. If you've got not met within the last 24 months, don’t waste some time and money filing. Although the regulations do mention exemptions in cases of utmost hardship, it's extremely unlikely you'll make this excuse. Lack of monetary resources to travel won't be accepted as “extreme hardship”. Your inability to visit your fiance’s country also will not meet the burden since it's assumed that you simply can meet in any country within the world. there's no requirement that you simply have ever traveled to your fiance’s country.
You must show a real intent to marry. this will generally be accomplished by sending letters from you and your fiance expressing your intent to marry. Include these letters together with your petition (I-129F).
You and your fiance must be legally ready to marry.
This is the subject of this post.
For the U.S. citizen, proving legal ability to marry is pretty straightforward. you merely attach divorce and/or death certificates to your petition for every of your previous marriages. The divorce decree and/or death certificates got to be official copies with the stamp of the granting court or office .
The fiance must provide an equivalent evidence of divorce or death of a spouse. This area may be a little trickier since every country handles these matters differently. Adjudicators are going to be looking closely at these documents to work out authenticity. The USCIS refers to the present as “proof of the legal termination of the previous marriage of the beneficiary.”
The following is an example of providing unacceptable documentation to prove divorce that caused a delay of over two years for the petitioner.
On March 22, 2007 a female citizen of the us petitioned the USCIS to bring her Ghana fiance to the U.S. on a K1 Visa. Her fiance had previously been married in Ghana. As evidence of his divorce, he provided a “statutory declaration” form the daddy of his prior wife indicating that they had divorced on United Nations Day , 2006 in Ghana.
Now this is often where I even have to feature my personal opinion. Who might think you'll just get a note from your ex-father in-law and submit that to the govt of the us as proof of divorce? This beautifully demonstrates how different cultures can have vastly different ideas of what constitutes “proof”.
The USCIS features a manual called the us Foreign Affairs Manual (FAM) that among other things, tells them what documents are available from various foreign countries. during this case, the director took a glance within the FAM and verified that Ghana courts do issue official divorce decrees. The petition was rejected. It seems the person never really legally divorced his prior wife. Eventually, the fiance did obtain a divorce decree from the Circuit Court in Tema, Ghana. the previous father in-law had to attend a court hearing and testify that the wedding dissolved in 2006. I’m sure a touch money had to vary hands before the U.S. citizen’s fiance could get his ex-father in-law to travel through all that trouble.
In the end, the USCIS did accept the new documentation on June 8th, 2009 after an unnecessary delay of two years and three months.
The lesson here is obvious . The USCIS isn't your principal . they're not getting to accept a note from your father. Take the time to get the required and proper documentation from official sources. There are not any short-cuts.
Fast & Easy K1 Fiance Visa Petition
Disclaimer: The contents of this post were accurate to the simplest of our knowledge at the time of publishing. Immigration is consistently changing, and old information often becomes outdated, including procedures, timelines, prices, and more. note of the publish date. For archival purposes, these posts will remain published, albeit new information renders them obsolete. don't make important life decisions supported this content. No a part of this post should be considered legal advice, as RapidVisa isn't a firm . This content is provided freed from charge for informational purposes only. If anything herein conflicts with a politician government website, the official government website shall prevail.
You and your fiance have met within the 2 years before the filing the petition. It doesn’t matter if you've got met 100 times before that. The USCIS isn't lenient during this area and that we have seen petitions denied where the couple met 25 months before the filing. If you've got not met within the last 24 months, don’t waste some time and money filing. Although the regulations do mention exemptions in cases of utmost hardship, it's extremely unlikely you'll make this excuse. Lack of monetary resources to travel won't be accepted as “extreme hardship”. Your inability to visit your fiance’s country also will not meet the burden since it's assumed that you simply can meet in any country within the world. there's no requirement that you simply have ever traveled to your fiance’s country.
You must show a real intent to marry. this will generally be accomplished by sending letters from you and your fiance expressing your intent to marry. Include these letters together with your petition (I-129F).
You and your fiance must be legally ready to marry.
This is the subject of this post.
For the U.S. citizen, proving legal ability to marry is pretty straightforward. you merely attach divorce and/or death certificates to your petition for every of your previous marriages. The divorce decree and/or death certificates got to be official copies with the stamp of the granting court or office .
The fiance must provide an equivalent evidence of divorce or death of a spouse. This area may be a little trickier since every country handles these matters differently. Adjudicators are going to be looking closely at these documents to work out authenticity. The USCIS refers to the present as “proof of the legal termination of the previous marriage of the beneficiary.”
The following is an example of providing unacceptable documentation to prove divorce that caused a delay of over two years for the petitioner.
On March 22, 2007 a female citizen of the us petitioned the USCIS to bring her Ghana fiance to the U.S. on a K1 Visa. Her fiance had previously been married in Ghana. As evidence of his divorce, he provided a “statutory declaration” form the daddy of his prior wife indicating that they had divorced on United Nations Day , 2006 in Ghana.
Now this is often where I even have to feature my personal opinion. Who might think you'll just get a note from your ex-father in-law and submit that to the govt of the us as proof of divorce? This beautifully demonstrates how different cultures can have vastly different ideas of what constitutes “proof”.
The USCIS features a manual called the us Foreign Affairs Manual (FAM) that among other things, tells them what documents are available from various foreign countries. during this case, the director took a glance within the FAM and verified that Ghana courts do issue official divorce decrees. The petition was rejected. It seems the person never really legally divorced his prior wife. Eventually, the fiance did obtain a divorce decree from the Circuit Court in Tema, Ghana. the previous father in-law had to attend a court hearing and testify that the wedding dissolved in 2006. I’m sure a touch money had to vary hands before the U.S. citizen’s fiance could get his ex-father in-law to travel through all that trouble.
In the end, the USCIS did accept the new documentation on June 8th, 2009 after an unnecessary delay of two years and three months.
The lesson here is obvious . The USCIS isn't your principal . they're not getting to accept a note from your father. Take the time to get the required and proper documentation from official sources. There are not any short-cuts.
Fast & Easy K1 Fiance Visa Petition
Disclaimer: The contents of this post were accurate to the simplest of our knowledge at the time of publishing. Immigration is consistently changing, and old information often becomes outdated, including procedures, timelines, prices, and more. note of the publish date. For archival purposes, these posts will remain published, albeit new information renders them obsolete. don't make important life decisions supported this content. No a part of this post should be considered legal advice, as RapidVisa isn't a firm . This content is provided freed from charge for informational purposes only. If anything herein conflicts with a politician government website, the official government website shall prevail.
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