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You must have
met your fiancee in person within the
previous two years. If your Fiancee lives in
a developing country she generally cannot
obtain a visitor visa to meet you in the
U.S.
This means you must travel outside the
U.S. to meet her. Any criminal convictions for
either of you cause complications and need
to be assessed.
Finally, there is a minimum
income requirement for the U.S. citizen
petitioner, please see the 2009 Poverty Guidelines.
You may have heard that about 40%
of the K1 petitions filed never result in a visa being
issued. We believe this to be true for the general
public (not for our clients).
Notice there is a
difference between being "NOT APPROVED" for a K visa and
being "DENIED" the visa, even though the result can be
the same.
This is because both the USCIS (formerly, the
"INS") and the U.S. Consulates abroad rarely turn down a
K1 or K3 visa petition if the requirements mentioned
above are met.
 What happens instead is that the
USCIS finds some technical error or omission in the
paperwork submitted to them.
After several months they
will send you a form letter telling you what you did
wrong. Very often, when you submit the required
correction, they will again wait several months and
again return the forms to you with another cover-sheet
informing you of a second minor error or omission.
Eventually, the K visa petition can be denied without
further comment.
When (and if) your approved K1
petition reaches the U.S. Consulate or U.S. Embassy
handling the Fiancee visa for your Fiancee's country,
you still are not home free.
If the Consulate officer
who interviews your Fiancee can get her to give an
answer to one of many possible questions and the answer
is different from the information you submitted in your
petition package, the officer can send your entire USCIS-approved
petition package back to the USCIS in the U.S. for
"investigation".
The minimum delay from this action in
getting your Fiancee's visa issued is six months.
Needless to say, it is not too difficult to get her to
give wrong answers to questions as there is no way she
will know all about your background and because she will
naturally be nervous during her interview.
As you can see from the above,
neither the USCIS nor the U.S. consular officers want to
risk taking the political heat which could result from
their turn down of an immigrant petition. However, if
they can find an excuse to return it for correction or
investigation, they are perfectly within their rights
and not subject to criticism.
In fact, it is their duty
to find problems and return cases. This helps reduce
immigration to the U.S.
What usually happens in this
situation is that one or
 both of you will give up.Unfortunately, the usual result of delays is that the Fiancee becomes convinced that her American Fiancee is
not serious about marrying her and she ends the
engagement.
She probably knows of someone whose Fiancee
used our services to obtain a Fiancee visa. She knows
that the foreign wife received her Fiancee visa quickly
and efficiently and she wonders why you cannot do the
same.
Our normal processing time line from
the USCIS receipt date until visa issuance depends on
the country of residence of your Fiancee and the State
in the U.S. in which you reside.
When a particular USCIS
Service Center or U.S. Consulate gets behind in their
work, the K1 processing time can increase. When this
occurs we will let you know.
The bottom line is that
however long it takes us to obtain your Fiancee visa, we
believe it would take you or anyone else much longer.
In summary, if you are serious
about bringing your Fiancee to the U.S. on a K1 Visa, do
not fight the system. The system usually wins those
battles. To find out more about a Fiancee visa for your Fiancee, Contact Us! Or better yet Call Us.
All U.S.A. Callers Dial 321-574-3779
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