May 2018 - Dynamic Immigration Lawyers

Monthly Archives: May 2018

K-2 Visa

Can you bring your Children to the United States with a K-2 Visa?

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Can you bring your Children to the United States with a K-2 Visa?

You have meet the love and your life and decide to ask him or her to marry you. As you go through the K-1 Fiancé Visa process for them you must also consider what steps are needed in order to also bring their children to the United States - under the K-2 Visa Process.

As a general rule, their unmarried children of your fiancé under the age of twenty-one (21) are eligible to apply with them using a K-2 petition.

This "seems" simple enough but let's get past the general rule and take a closer look at exactly who is eligible under the K-2 petition eligibility requirements.

Which Children are Eligible under the K-2 Visa?

The children under twenty-one (21) eligible under the K-2 Visa are:

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    Biological Children of you and your fiancé or children that are "natural born" children of you and your fiancé.
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    Adopted Children
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    Children born out of wedlock of your fiancé

Children that are natural born must be legally recognized (or acknowledge) as belonging to your fiancé in their home country.

Needles to say you cannot petition for children belong to friends or other family members. 

You have meet the love and your life and decide to ask him or her to marry you. As you go through the K-1 Fiancé Visa process for them you must also consider what steps are needed in order to also bring their children to the United States - under the K-2 Visa Process.

As a general rule, their unmarried children of your fiancé under the age of twenty-one (21) are eligible to apply with them using a K-2 petition.

This "seems" simple enough but let's get past the general rule and take a closer look at exactly who is eligible under the K-2 petition eligibility requirements.

What is the K-2 Visa petition process?

Generally the K-2 visa process is similar to the K-1 visa process. Under the K-1 visa application (form I-129F) eligible children under the age of twenty-one (21) are listed.

The Fiancé can complete the forms and sign for very young children. You will need to provide evidence that the children are eligible using supporting documentation and you must also be able to show how the children will be financially taken care of once they enter the United States.

What are the Requirements for K-2 Visa?

The requirements for a K-2 Visa are:

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    The child must be unmarried;
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    The child must want to move to the US;
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    The child must be younger than 21;
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    The child must pass a medical exam

How long is a K-2 Visa valid?

Like the K-1 Visa, the K-2 Visa is valid for 90 days.

If a K-1 Visa holder does not married the United States Citizen within 90 days of receiving a K-1 Visa they must leave the United States along with their K-2 Visa children.

What are the supporting documents needed for a K-2 Visa?*

The following items are some of the supporting documents that are needed to support a K-2 Visa:

  • Nonimmigrant Visa Application (Form DS-156);
  • Permission from the other parent (if needed);
  • Official birth certificate;
  • Valid passport if over 16 years of age

What are potential issues with K-2 Visa petition?

The children applying under the K-2 Visa petition will have to prove that they are not inadmissible based on United States Immigration laws. If there have been any previous immigration violations they may not be able to enter the United States.

He or she will or only allowed to stay in the United States for 90 days - unless the marriage is completed and there is an application for and Adjustment of Status afterwards.

Special care should be taken if the children are approaching the age above 21 during this process.

Children may or may not need to undergo a medical exam with a K-2 Visa. The older the child the greater the chance is that the medical examination requirement will not be waived. 

Sham Marriage

What is a Sham Marriage and what is Immigration Marriage Fraud?

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What is a Sham Marriage and what is Immigration Marriage Fraud?

Here is What should you know before you file your K-1 Fiancé Visa in order to avoid Immigration Marriage Fraud or a Sham Marriage.

A sham marriage is a marriage entered in by two people in order to "get around" the complicated United States Immigration laws.

In other words, these two people would not consider a marriage to each other - except for the benefit - that one person in the arraignment receives from marrying a United States Citizen or a Legal Permeant Resident.

The main benefit that a person seeks to receive in this case is the chance to receive a Green Card.

It is illegal for anyone to get married "solely" for the purpose of receiving or helping another person to gain permeant residence in the United States.

In some cases there are stiff fines and possible jail time that can be imposed on people that have entered into a sham or fake marriage for immigration purposes. The United States Government can pursue you with the full force of law enforcement if you are convicted of this type of crime.

What are the odds that you might get caught if you are knowingly attempting to enter into a sham marriage for immigration purposes?

If you listen to Officers at the USCIS, marriage fraud or "suspicious" marriage activity is extremely high. It is a fundamental and core believe that exists within the USCIS. The USCIS uses that believe, to make the detection of marriage fraud, a vey high priority for the agency.

With this believe the USCIS Officers and the agency have developed tools and processes that are pretty good at catching sham marriages in some cases. These tools are used to test the validity of a real marriage in other cases.

Your petitions and supporting documents should be prepared with the understanding that the agency may test the validity of your marriage. 

​What are USCIS Officers looking for when they review a K-1 Fiancé Visa for possible immigration marriage fraud?**

Do not expect the government to spy on you and follow you around 24 hours of the day, seven days a week. This is not done in normal circumstances.

But if there is reason to believe that you are engaged in a Sham Marriage they can:

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    Visit your home
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    talk to your friends and family members
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    interview your employer
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    search your social media accounts
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    conduct a very lengthy investigation

But before all of that the USCIS will require you to submit supporting documents that gives them an indication of the type of relationship you have with your significant other. These documents are use to determine whether or not your relationship is "typical" of a married or soon to be married couple.

There are various factors that are reviewed but the main point is that the closer your relationship is in real life - the government expects your supporting documents to demonstrate that you have entered into a legitimate relationship or marriage.

K-1 Fiancé Visa inadmissibility Problems

K-1 Fiancé Visa Inadmissibility Problems

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K-1 Fiancé Visa inadmissibility Problem

Some people are shocked to learn that their engagement or marriage to a United States Citizen or legal permanent resident may not be the "golden ticket" to legal entry into the United States. A person that is applying for a K-1 Fiancé Visa may find that they have inadmissibility problems. In some cases, a person who has applied for a K-1 Fiancé Visa may not be able to enter the United States.

The United States government can and often does say - **NO** - to certain people. These people are just simply not allowed to come into the United States.

These people (and maybe your loved ones) are considered to be "inadmissible".

Unfortunately it is up to you to prove that you or your loved one are admissible. It is not up the United States Government to prove that you are "inadmissible".

Below is a list (not inclusive) of things that will make you inadmissible and not be allowed entry into the United States:

K-1 Fiancé with issues related to Crimes / Criminal Activities

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    Having committed or been convicted of a crime of “moral turpitude"
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    Having a conviction of multiple crimes with a combined sentence of five years or greater
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    Having committed or been convicted of prostitution
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    Having committed or been convicted of money laundering
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    Having committed or been convicted of human trafficking
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    Having committed or been convicted of drug trafficking
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    Having committed or been convicted of certain other drug violations
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    You are the immediate family member of a drug trafficker or human trafficker and have "knowingly" benefited from their illicit money within the last five years
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    You have committed espionage or sabotage
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    You have threatened the "interests" of the United States
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    You have participated in any terrorist activity
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    - You have associated with any terrorist organization
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    Having committed or been convicted of drug trafficking

K-1 Fiancé with issues related to Other Immigration Related Activities

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    You have violated the immigration laws
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    You have falsely pretended to be a United States Citizen
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    You are or have been unlawfully present in the United States
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    You are or You have been unlawfully present in the United States
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    You have committed immigration fraud
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    You were previously removed or deported from the United States
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    You were previously removed or deported from the United States
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    You have not obtained proper documentation or authorization to enter the United States

K-1 Fiancé with issues related to Health / Public Welfare Related Issues

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    You have a communicable disease, such as tuberculosis
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    You have a physical or mental disorder that makes you harmful to others
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    you are likely to become dependent on government assistance
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    You are a drug abuse

There are many factors to consider before filing any forms with the USCIS. Careful consideration should be given before completing any immigration relation documents and extreme caution should be used before actually filing forms with the USCIS.

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