What is a K1 Visa?
A U.S. citizen who wants to bring their foreign fiancé(e) to the United States to get married will have to file a fiancé(e) petition I-129 F to obtain a K-1 nonimmigrant visa for their fiancé(e).
The couple must intend to marry each other within 90 days of the fiancé(e) entering the U.S. as a K-1 nonimmigrant to obtain a fiancé(e) visa. The marriage must be bona fide, meaning that each intends to establish a life together, and the marriage is not for obtaining an immigration benefit.
If the marriage occurs within 90 days, the fiancé(e) may apply for a Green Card.
Who is eligible for a green card based on marriage?
Immediate relatives: anyone who is married to a USC
2nd family preference category is anyone who is married to a Lawful Permanent Resident
What is Marriage Fraud?
Marriage fraud is a serious criminal offense involving a marriage entered into solely to evade U.S. immigration laws. The foreign spouse is not entitled to a green card.
What are the penalties for marriage fraud?
The foreign spouse can be deported, and the U.S. Citizen engaged in marriage fraud can be sentenced to up to 5 years in jail and be fined up to $250,000.
What is a conditional residence?
A conditional residence is a temporary grant of immigrant status resulting from a marriage-based immigrant petition. The USCIS issues conditional residences to those who are applying for permanent residence before they have completed two years of marriage. A conditional resident has all the rights, privileges, and obligations of a Lawful Permanent Resident. The difference is that the duration of the status is limited to two years.
Joint Petition to remove condition:
At the end of the two years, the couple may file a joint petition to remove the condition from the Immigrant’s status. The immigrant spouse will become an unconditional Lawful Permanent Resident if granted the Petition.
Termination by the USCIS:
1. USCIS may terminate the conditional residence if the person entered into the marriage to procure a green card;
2. The marriage was judicially annulled, dissolved, or terminated;
3. The USCIS finds that something of value was exchanged for filing the Petition.
Waiver from joint Petition should be filed:
1. If the marriage was entered into in good faith, but the marriage has been terminated by divorce or annulment;
2. If the marriage was entered into in good faith, but the conditional resident has been battered or subjected to extreme cruelty by the U.S. citizen or Lawful Permanent Resident spouse or
3. If termination of permanent residency and deportation would result in extreme hardship.
If nothing is filed before the 24th month, the conditional residence expires, and the immigrant spouse will be out of status and subject to removal or deportation.
What documentary proof can be presented to show a bona fide marriage?
Documents that indicate cohabitation:
Deed to property showing both names
Mortgage or loan documents showing both names
Lease agreement showing both names
Driver’s licenses or IDs showing the same address
Bank statements showing the same address
Voided or canceled checks showing the same address
Utility bills showing the same address (electricity, water, gas, trash, cable, internet, cell phone, etc.)
Property insurance agreements, statements, or cards showing the same address
Health and life insurance statements showing the same address
Correspondence from friends, family, or businesses showing the same address
Affidavits from friends, family, neighbors, and landlords attest to cohabitation.
Evidence of raising children together:
Birth certificates showing both spouses as parents
Adoption certificates showing both spouses as parents
Evidence of a relationship with children or stepchildren (photos, vacation itineraries, school records, affidavits from friends, family, and teachers)
Medical records evidencing an ongoing pregnancy
Evidence on school records, doctor’s records, etc., shows the non-related parent as an emergency contact for a stepchild.
Evidence of comingling of finances:
Bank statements for joint checking, savings, and credit card accounts
Voided and canceled checks for joint accounts
Statements for joint loans or loans where one spouse is a co-signor for the other spouse
Copies of bank statements from separate accounts and canceled checks showing that you share jointly in your financial responsibilities and big purchases (for example, if each spouse pays half of the rent from a separate account or if each spouse paid one-half toward the purchase of a car)
Joint health, life, property, and auto insurance agreements, statements, and cards
Utility bills showing both names (electricity, water, gas, trash, cable, internet, cell phone, etc.)
Tax returns filed as married showing both names
Documents showing joint ownership of real property, cars, or investments
Life insurance policies, wills, and trusts designating your spouse as a beneficiary
Evidence of intimacy:
Photos from the couple’s wedding, honeymoon, vacations, family dinners, holidays, etc. (Recommendation: List the names of any other individuals in the images and the approximate date and location.)
Travel itineraries and hotel bookings from joint vacations or trips
Photos from joint vacations or trips, particularly trips abroad to visit family members
Tickets to events you both attended or plan to attend
Receipts for any gifts you have purchased for each other
Cards from friends and family congratulating you on your wedding, anniversary, or other joint life events
Evidence that each spouse has met or communicated with the other spouse’s parents and relatives, such as photos, letters, cards, or emails
Phone and text message records showing that you and your spouse communicate regularly
Social media records such as screenshots of social media pages, posts, and text messages showing you spending life events together.
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