The K-1 Visa Process: How Does It Work?

[AZChristian]

24 minutes ago, biakbiak said:

The K1 visa does not equal scam.

Some people DO use the K1 visa to scam the US partner.  Not all, but some.  Here's just one example of how it can work.

[Christina]

When that shooting happened in California a few years ago, where the husband and wife shot up his coworkers at the Christmas party, his brother and a cousin were caught in an immigration fraud where the spouses were not living with them but living with others. In the brother's case, he was paid to marry his wife so that she could be here with another man, who had already come over. I think that man came here on a K-1 and had divorced, but wasn't able to bring her over himself for some reason.

It's been awhile since I read about it so I'm not stating for sure that is the reason, but it was definite that the brother married a woman, said she was living with him as his wife, she paid him for the marriage and they never lived as man and wife. I don't remember what the deal was with the cousin. It's unlikely that they would have been caught if it wasn't for the background being ran on the family members because of the shooting. I have way too many tabs open to google it at the moment.

There was an issue around me a few years ago where someone was trying to marry on a K-1 to get someone here because he wanted to go to college in the US. She made the mistake of telling someone he was gay, the gossip started and someone reported it. Chelsea (sure, now I remember her name) and Yamir both have allegations of being gay in real life. I wouldn't be surprised to learn that happens more often when dealing with countries where homosexuality is a crime punishable by death, especially if you were friends.

It's probably not for nefarious reasons as much as people thinking they are helping someone out of a bad situation, especially if they were already here and weren't any trouble.

[Arwen Evenstar]

12 hours ago, Christina said:

t's probably not for nefarious reasons as much as people thinking they are helping someone out of a bad situation, especially if they were already here and weren't any trouble.

There are those who still believe that marriage can “cure” the gay. Many have hidden behind a marriage back in the day and even present day because it was safer and they naively believed that having a more socially acceptable outlet for one's affections would help them out.  This mindset must be particularly prevalent in countries where homosexuality is a capital offense.  Some people may innocent ly marry, and not realize the reason behind their lack of fulfillment in the marriage is that they have realized that they are gay.

So, yeah, that can be one of many ways someone might help another get out of a bad situation. Being sent home under those circumstances could be tantamount to a death sentence.

[Desert Rat]

On 11/20/2017 at 4:34 PM, biakbiak said:

The K1 visa does not equal scam.

Not always, but the last few posts, including mine, are in reference to the above-posted article about a marriage fraud immigration scam in which four people plead guilty. 

Edited November 24, 2017 by Desert Rat

[seniorpatriot]

Is it really possible that the majority of Americans who bring foreigners here to marry really can't see what they are doing?

Especially the ones who are with somebody who is much younger than them, or clealry not equal in the "looks" department, or who have told the Americans what they are really in it for. Certainly isn't "love". I have thought many times that people in very poor countries who live in shacks may see this show and think "I could get me one of those American suckers."  They are all too stupid to see what's going on . 

And by "see" I mean it seems no matter how poor they are, they all still have cellphones and internet.

[Frozendiva]

There isn't a simple answer to that question. I'm Canadian, and I would think that almost anyone from any Western country could probably fit this show.

Some people do find love with people from other countries and cultures. All people are created equal and some do find real love.  They probably would not sign up for this show. Some also go to the US or X country because of an arranged marriage. Some end up on this show - looking to advance a career in entertainment, etc.

Some people do purposely go to a foreign country where say, women are deemed more subservient. They, usually a man, wants a particular type of woman, and many women in the US/insert country wouldn't want them or that sort of lifestyle - to cater to their every whim. For what is normally the woman, she gets a ticket out of most likely poverty and more abuse than she would get from the US dude. Others have very poor social skills and no confidence and do not attract suitable mates. Some don't have a good job or education or have criminal records, etc. and that limits their choices. So it's to another country and a more 'suitable' type of woman. One who probably doesn't ask a lot of questions.

There probably isn't a serious talk about what both are bringing to the table.  Doubtful that both are agreeing to any sort of fair business exchange. Or that the marriage is one of convenience, whatever.

Some of the Americans may very well be suckers and think they are the player when they themselves are being played. Some women probably do join the Cupid or dating sites in search of a lonely, vulnerable American male/insert country here. Men do that to women too - catfishing or borrowing another's identity, preying on maybe vulnerable recent divorcees or young widows or women who don't get a lot of attention. Ones who may be naive about people or just flattered that someone pays attention to them. Ones who may have a good job or some money. Many never do meet Mr. Wonderful as he does not exist- or he is one of many scammers.

Some of the cellphone/Internet stuff in some of the countries may have to do with SMS and not enough infrastructure for proper broadband service, which most Western countries are used to. So Internet access is via cellphones.

[Arwen Evenstar]

1 hour ago, Frozendiva said:

Some of the cellphone/Internet stuff in some of the countries may have to do with SMS and not enough infrastructure for proper broadband service, which most Western countries are used to. So Internet access is via cellphones.

10 years ago, I met a lady from India who lived in Singapore and came here. Her international phone number worked over here and she paid way less than we did for ours.  Around the same time, a friend from Angola told me that over there you som5 have to tie a phone to particular provider.  You can use any phone with any provider.  That hadn’t happened here yet. Cell phones make sense in some countries that don’t have phone lines.  Cell towers  and using solar powe4 to charge batteries made more sense due to the lack of infrastructure.  The US developed this technology and we have to pay more for it much in the way electronics and cameras cost far  more in Japan for a good May years.

Edited January 1, 2018 by Arwen Evenstar

[Sir RaiderDuck OMS]

A friend of mine actually went the K-1 route, bringing his would-be bride over from Indonesia to NYC. After a metric f**kton of paperwork and interviews, she finally got the OK to fly over. They were married about a month after she arrived. My wife and I didn't think the marriage had a chance in hell of working long-term (for one thing, he has a son older than her) but were supportive anyway; our opinions of their match were not asked, so we did not offer them.

7 1/2 months after their wedding, she left him without saying a word and flew back to Indonesia. A week later, her Facebook profile listed her as being "engaged" to some farmer in Canada. And so it goes.

[doyouevengohere]

I know Robert and Anny said they talked online for 2 years, but they only met in person for 8 hrs (not even a day!).  What are the rules concerning this?  I thought they had to have like picture documentation that they were in a real relationship for an amount of time, even if it's like 2 weeks in person or something.  But 8hours???????  They clearly do not know each other very well at all; and Robert does not have a great track for staying in relationships or providing for the kids he produces probably, how could she be approved for a K1?

[mamadrama]

6 hours ago, doyouevengohere said:

I know Robert and Anny said they talked online for 2 years, but they only met in person for 8 hrs (not even a day!).  What are the rules concerning this?  I thought they had to have like picture documentation that they were in a real relationship for an amount of time, even if it's like 2 weeks in person or something.  But 8hours???????  They clearly do not know each other very well at all; and Robert does not have a great track for staying in relationships or providing for the kids he produces probably, how could she be approved for a K1?

They just had to show proof of meeting and spending time together to get the visa ball rolling. The REAL test will be the adjustment of status. About two years after marrying they will have to submit proof of an active marriage. They will need to show joint bank account, utility bills with both names, vacation photos, etc.

i know I have said this ad nauseum, but I hate that this show makes it look like most of the K1 people are bringing over their loves on a whim after having only known them for a short while. They are not reflective of the process as a whole. I offer consulting services on the K 1 process and have been through it myself. Most of us met our future spouses the regular way (we lived abroad, they lived abroad, etc). The visa isn't meant to give couples 90 days to get to know each other.

[watchingtvaddict]

10 hours ago, doyouevengohere said:

I know Robert and Anny said they talked online for 2 years, but they only met in person for 8 hrs (not even a day!).  What are the rules concerning this?  I thought they had to have like picture documentation that they were in a real relationship for an amount of time, even if it's like 2 weeks in person or something.  But 8hours???????  They clearly do not know each other very well at all; and Robert does not have a great track for staying in relationships or providing for the kids he produces probably, how could she be approved for a K1?

3 hours ago, mamadrama said:

They just had to show proof of meeting and spending time together to get the visa ball rolling. The REAL test will be the adjustment of status. About two years after marrying they will have to submit proof of an active marriage. They will need to show joint bank account, utility bills with both names, vacation photos, etc.

3 hours ago, mamadrama said:

i know I have said this ad nauseum, but I hate that this show makes it look like most of the K1 people are bringing over their loves on a whim after having only known them for a short while. They are not reflective of the process as a whole. I offer consulting services on the K 1 process and have been through it myself. Most of us met our future spouses the regular way (we lived abroad, they lived abroad, etc). The visa isn't meant to give couples 90 days to get to know each other.

When I was doing research on the K-1 vs CR-1 visa. I read you're able to sponsor your partner on a K1 visa even if you haven't met. If your culture practices arranged marriages you get a waiver on the "proof of existing relationship".  I think you just have to show you intend to get married and as the USC you're able to support the foreign spouse to be. 

You can correct me if I'm wrong @mamadrama. 

[mamadrama]

9 minutes ago, watchingtvaddict said:

When I was doing research on the K-1 vs CR-1 visa. I read you're able to sponsor your partner on a K1 visa even if you haven't met. If your culture practices arranged marriages you get a waiver on the "proof of existing relationship".  I think you just have to show you intend to get married and as the USC you're able to support the foreign spouse to be. 

You can correct me if I'm wrong @mamadrama. 

Right. It's kind of based on what country the fiance is coming from and which interviewer you get. They're not so much interested in what happens when someone comes over on the visa-they're much more interested in what happens after the couple is married. They can't really judge scam/no scam in the beginning because anyone can generate a few letters/emails/calls. That adjustment of status is where it's really at. We brought our vacation albums, wedding pictures, utility bills, etc. Of course, it also helped that we took in our toddler son and I was 7 months pregnant. 

[DaphneCat]

3 hours ago, mamadrama said:

That adjustment of status is where it's really at. We brought our vacation albums, wedding pictures, utility bills, etc. Of course, it also helped that we took in our toddler son and I was 7 months pregnant. 

Wow, maybe because we were already married when my husband got his conditional green card we didn't even HAVE an interview two years later when he got his permanent green card.  We just had to submit documents like our lease in both our names. a bank account and our car title with both our names on it.  I think he did it all without me even being present.

[mamadrama]

5 hours ago, DaphneCat said:

Wow, maybe because we were already married when my husband got his conditional green card we didn't even HAVE an interview two years later when he got his permanent green card.  We just had to submit documents like our lease in both our names.  bank account and our car title with both our names on it.  I think he did it all without me even being present.

Yeah, the rules are slightly different depending on which visa they come over on. The K-1 has a few extra steps. We actually had 4 total face-to-face interviews throughout the process-one in the UK (which he did alone) and 3 in the US. It was a pain because our nearest processing center was 4 hours away and sometimes the interviews took less than 15 minutes. I only had to be at 2 of them. At that last one we were running late so I dropped my husband off at the door and parked. By the time our son and I reached the elevator, my husband was finished and ready to leave. At that time we were lucky that the process ran so quickly for us. From K-1 application to permanent green card it took 3 years. There were others on Visa Journey who applied at the same time as us and they were still waiting for their initial paperwork to process when we we're getting our work permit (which was unnecessary because his work permit arrived 1 day before his conditional green card). He's not getting his citizenship so he has to get a new green card next summer. Unless you go for citizenship the process never really ends. 

[DaphneCat]

3 hours ago, mamadrama said:

Yeah, the rules are slightly different depending on which visa they come over on. The K-1 has a few extra steps. We actually had 4 total face-to-face interviews throughout the process-one in the UK (which he did alone) and 3 in the US. It was a pain because our nearest processing center was 4 hours away and sometimes the interviews took less than 15 minutes. I only had to be at 2 of them. At that last one we were running late so I dropped my husband off at the door and parked. By the time our son and I reached the elevator, my husband was finished and ready to leave. At that time we were lucky that the process ran so quickly for us. From K-1 application to permanent green card it took 3 years. There were others on Visa Journey who applied at the same time as us and they were still waiting for their initial paperwork to process when we we're getting our work permit (which was unnecessary because his work permit arrived 1 day before his conditional green card). He's not getting his citizenship so he has to get a new green card next summer. Unless you go for citizenship the process never really ends. 

My husband was here on a student visa when we got married.  We just went to the immigration center - no appointment required.  We quickly figured out that you needed to be VERY polite to the receptionist/gatekeeper if you hoped to talk to an agent.  If you did not have everything perfectly in order she could either help you or send you away to come back when it had been done properly.   It's possible that because this was 33 years ago things have changed significantly since then as they had only recently changed the requirements to stay married for 2 years before the permanent green card was issued.

The whole process was really easy for us but I was working with a woman who was married to a foreign man and several years and two children later she was STILL experiencing immigration issues.  They actually had to leave the country for several months while his Visa issues were resolved.

[mamadrama]

6 hours ago, DaphneCat said:

My husband was here on a student visa when we got married.  We just went to the immigration center - no appointment required.  We quickly figured out that you needed to be VERY polite to the receptionist/gatekeeper if you hoped to talk to an agent.  If you did not have everything perfectly in order she could either help you or send you away to come back when it had been done properly.   It's possible that because this was 33 years ago things have changed significantly since then as they had only recently changed the requirements to stay married for 2 years before the permanent green card was issued.

The whole process was really easy for us but I was working with a woman who was married to a foreign man and several years and two children later she was STILL experiencing immigration issues.  They actually had to leave the country for several months while his Visa issues were resolved.

Yeah, we considered the idea of him coming over as a tourist and then adjusting his status and applying for permanent residency, but in the long run we were afraid it wouldn't work like we wanted it to. 

Lots of things changed post 9/11. The visa process isn't nearly as straightforward as it used to be. We went through it 13 years ago and it's even changed since then and has become more complicated. My husband is considering applying for citizenship instead of renewing his green card. He's British and here legally, so not really a target for anything, but things can change in an instant. In fact, a new rule was trying to get passed just last month and that particular one DID affect us. 

[DaphneCat]

7 minutes ago, mamadrama said:

Yeah, we considered the idea of him coming over as a tourist and then adjusting his status and applying for permanent residency, but in the long run we were afraid it wouldn't work like we wanted it to. 

Lots of things changed post 9/11. The visa process isn't nearly as straightforward as it used to be. We went through it 13 years ago and it's even changed since then and has become more complicated. My husband is considering applying for citizenship instead of renewing his green card. He's British and here legally, so not really a target for anything, but things can change in an instant. In fact, a new rule was trying to get passed just last month and that particular one DID affect us. 

Yes, I was kind of assuming that it's gotten progressively harder as the years go by.

What was the new rule they were trying to get passed?  Mr. Cat (while not born or raised there) has a British passport also.

[mamadrama]

16 minutes ago, DaphneCat said:

Yes, I was kind of assuming that it's gotten progressively harder as the years go by.

What was the new rule they were trying to get passed?  Mr. Cat (while not born or raised there) has a British passport also.

In the past, the person coming over on a visa was not allowed to draw government benefits of any kind (Food Stamps, Medicaid, etc) until they'd received their permanent green card. Not a problem for us in the beginning. However, 3 years into it our youngest son died and my husband lost his job (and our health insurance). The kids and I went on Medicaid and stayed there for about a year; my husband just went without. We were trying very hard not to break any rules.

The new rule that went into effect October 15th states that if a permanent resident or anyone in their immediate family, uses government aid then they become ineligible for citizenship and could be denied entry back into the US if they leave the country. That's a huge change. It used to only be a problem for the person drawing the benefits.

So just because the kids and I were on Medicaid my husband *could* get denied entry if he leaves on vacation. It is still going through some changes, and the wording has changed several times since August, but it's still nerve wracking. We're seriously thinking about getting his citizenship. If it does pass then he may not be able to and renewing his green card next summer might be difficult. The bill supposedly doesn't affect those who already have permanent residency and are seeking to become naturalized citizens, nor is it meant to retroactively affect those of us who used aid in the past or the pregnant women/minor children who were on Medicaid, but there is some scary fine print in there and the immigration attorneys I know are nervous. It seems to change on a weekly basis. 

We went ahead and got dual citizenship for our kids (it's just a form) just in case something happens in the future. I like having options. 

[DaphneCat]

5 hours ago, mamadrama said:

In the past, the person coming over on a visa was not allowed to draw government benefits of any kind (Food Stamps, Medicaid, etc) until they'd received their permanent green card. Not a problem for us in the beginning. However, 3 years into it our youngest son died and my husband lost his job (and our health insurance). The kids and I went on Medicaid and stayed there for about a year; my husband just went without. We were trying very hard not to break any rules.

The new rule that went into effect October 15th states that if a permanent resident or anyone in their immediate family, uses government aid then they become ineligible for citizenship and could be denied entry back into the US if they leave the country. That's a huge change. It used to only be a problem for the person drawing the benefits.

So just because the kids and I were on Medicaid my husband *could* get denied entry if he leaves on vacation. It is still going through some changes, and the wording has changed several times since August, but it's still nerve wracking. We're seriously thinking about getting his citizenship. If it does pass then he may not be able to and renewing his green card next summer might be difficult. The bill supposedly doesn't affect those who already have permanent residency and are seeking to become naturalized citizens, nor is it meant to retroactively affect those of us who used aid in the past or the pregnant women/minor children who were on Medicaid, but there is some scary fine print in there and the immigration attorneys I know are nervous. It seems to change on a weekly basis. 

We went ahead and got dual citizenship for our kids (it's just a form) just in case something happens in the future. I like having options. 

Wow that's scary.  I think once when Mr. Cat was coming back in to the country he had some sort of problem (really minor, just had to talk to someone else I think) but just the THOUGHT that suddenly you could be without your spouse for who knows how long - not to mention their income could REALLY do a lot of damage to people.  And trying not to get too political, with the current environment, you can't really trust what you hear today will apply tomorrow.

[Christina]

From here: Immigration Loopholes and Child Marriages

Quote

“U.S. law and U.S. Department of State policy aim to prevent and reduce the risks of child marriages occurring around the world, yet major loopholes in U.S. law have allowed thousands of minors to be subjected to child marriages,” the committee’s report states. “Under the Immigration and Nationality Act (“INA”), a U.S. child may petition for a visa for a spouse or fiancé living in another country, and a U.S. adult may petition for a visa for a minor spouse or fiancé living abroad.”

What? Huh? My eyes clearly need a break.

Quote

Key findings of the report:

U.S. Citizenship and Immigration Services (USCIS) approved immigration petitions for 8,686 spouses and fiancée in marriages involving minors from FY2007 to FY2017. In 95 percent of the cases, the younger person was a girl.

USCIS awarded petitions to people with significant age differences, including a 71-year-old U.S. citizen’s petition for a 17-year-old spouse from Guatemala and a 14-year-old’s petition for a 48-year-old spouse from Jamaica. USCIS approved 149 petitions involving a minor with an adult spouse or fiancé who was more than 40 years old.

USCIS awarded green cards to 4,749 minors in the United States on spousal or fiancé visas, allowing them to adjust status to become lawful permanent residents from FY2007 to FY2017.

Nooooo. Nope, nope, nope. Nope. No.

The full report can be found on the link above, but it looks large and today is not the day for me to be reading it. It's 6:00 a.m. That's not too early to start drinking, is it? This is just, sick, distubing, WTF is wrong with Pole levels of appalling. No. Just no.

[gavinmac]

On 12/2/2019 at 7:17 AM, doyouevengohere said:

I know Robert and Anny said they talked online for 2 years, but they only met in person for 8 hrs (not even a day!).  What are the rules concerning this?  I thought they had to have like picture documentation that they were in a real relationship for an amount of time, even if it's like 2 weeks in person or something.  

The rule is that you have to have met at least once in person within the last two years before filing the petition. this doesn't guarantee that your petition will be granted, of course, it's just the minimum requirement. One meeting in person, unless you get a waiver of this rule, which is very difficult.

On 12/2/2019 at 6:03 PM, watchingtvaddict said:

When I was doing research on the K-1 vs CR-1 visa. I read you're able to sponsor your partner on a K1 visa even if you haven't met. If your culture practices arranged marriages you get a waiver on the "proof of existing relationship".  

 

You have to have met once, or you have to get a waiver of that rule.  My understanding (and I may be wrong) is that these waivers are very difficult/impossible to get, you have to show that meeting in person would cause "extreme hardship" to the American or that it would violate customs/religious beliefs about meeting in person before marriage. 

[Raja]

On 12/20/2020 at 7:57 PM, Frozendiva said:

 

Tarik and Hazel: snip:

Will she ever be able to bring her son to America? How will the father handle that type of custody arrangement. The age difference is a bit significant as both are in different places in their lives. Might not be a happily ever after as she may find the girlfriend more exciting and interesting than Tarik, but he's okay because she can stay in his house for free. Or maybe not.

 

Generally speaking the children normal comes in under their parent's entry, K-1 visa except in the case where the other parent won't let them go. Now most Filipino family arrangements are in informal compared to the American court custody system. The better off family, perhaps a sister or aunt, often taking primary custody after the infant is weened off of the mother.

In most cases going to America the custodian family freely gives up the child as he is then on path to the American citizenship with all the global benefits that attaches to that status. As family first means making those sacrifices for the good of the child. That her son did not come along suggest either his father and extended family was rather well off or they are holding him hostage to the TLC money that Tarik can provide.

[Scarlett45]

On 12/25/2020 at 12:28 PM, Raja said:

In most cases going to America the custodian family freely gives up the child as he is then on path to the American citizenship with all the global benefits that attaches to that status. As family first means making those sacrifices for the good of the child. That her son did not come along suggest either his father and extended family was rather well off or they are holding him hostage to the TLC money that Tarik can provide.

That’s what I was thinking. That the father’s family was well off, the boy’s primary caregiver (grandmother, aunt, or step mother) wasn’t so keen on him leaving, or they wanted Tarik to continue to send funds- likely a combination of all of those factors. But being a minor child he could’ve come over on Hazel’s K-1.