Recent K-1 Visa Decision Shows Lack of K-1 Visa Lawyer Led to Extended Separation for U.S. Citizen and Nigerian Fiancee
Immigration attorney Chris Gafner recently reviewed a June 4, 2009 AAO decision concerning a U.S. Citizen and his Nigerian fiancee. The case demonstrates why couples should retain a K-1 visa lawyer to represent them in seeking a K-1 visa.
The couple, without representation, filed a K-1 Visa requesting permission for the Nigerian fiancee to enter the United States and marry her U.S. citizen husband. The K-1 visa allows for a foreign national to enter the United States for the sole purpose of marrying a U.S. citizen fiance(e) within 90 days. The couple’s K-1 visa filing indicates that the couple was probably separated – the U.S. citizen was probably living in the United States and the fiancee was probably living in Nigeria. Eager to start their life together, the couple waited several months before receiving a denial from the USCIS. The couple then appealed that decision to the AAO in hopes of a reversal of the USCIS’s decision. The couple had to wait another couple of months for a favorable decision that would allow them to be together in the United States. Unfortunately, the couple filed the AAO decision without representation and had their K-1 Visa denied by the AAO.
What was the reason why their K-1 visa was denied? They were already married. You see, it appears that they were attempting to obtain a K-3 visa (for the spouse of a U.S. citizen) instead of a K-1 visa (for the fiance(e) of a U.S. citizen). The K-3 visa would have allowed the foreign national spouse to enter the United States. Their mistake is, unfortunately, all too common as the K-1 visa and K-3 visa require the submission of the same form to the USCIS. Thus, a simple mistake on that form may cost a couple one or two years of additional separation from each other. A K-1 visa lawyer would have been able to identify the mistake and reduce the needless time spent separated from each other.
The couple has a clear legal right to live together in the United States. However, because of the mistake they will be separated for an additional year or two as they wait for another visa petition to be approved by the USCIS. If you are seeking to obtain a K-1 visa for a fiancee of a U.S. citizen, please seek out Chris Gafner, or another K-1 visa lawyer, to assist you in the process.
The unfortunate AAO K-1 Visa decision does not provide identification features (to protect the privacy of the couple), but is available on the USCIS website.