Is Anyone Determined Ineligible For A Fiancé Visa?
Yes, people are sometimes determined to be ineligible for a fiancé visa. The most obvious reason would be if they are still married to somebody else. There are also certain types of crimes that would make you ineligible. For example, if you were convicted of a crime that would be considered an aggravated felony in the United States, you wouldn’t be eligible for a fiancé visa without a waiver if available. Those are the two most basic reasons why a person wouldn’t be eligible but there are a variety of other reasons. For example, if you were previously barred because you committed fraud to try to get a visa. In some of those situations you can apply for a waiver, and in some cases a waiver would not be available to you.
There are many factors, and you cannot break it down to something simple such as whether you were convicted of a felony or a misdemeanor. Sometimes a person with a felony could be eligible for a waiver, and you don’t even need a waiver for certain types of felonies in some states. In other states a misdemeanor could preclude you, because misdemeanors have a different definition in every state. In some states there are gross misdemeanors, and a gross misdemeanor can have the wrong type of sentence attached to it that could make you ineligible. There are people that are definitely ineligible, but then you have to look into whether they can apply for a waiver. Sometimes the answer is yes, and sometimes the answer is no.
My Fiancé Has Children. Can I Bring Them To The United States As Well?
The answer is yes, depending on the age of the child. Technically, as long as they’re under 21 when they come to the United States they would be eligible for what is called the K2 visa. Unfortunately with a K2 visa, if they’re too close to 21 when the application gets filed, then chances are they may not get on the fiancé visa as a K-2. I’ve had a couple of cases over the years where they just couldn’t go forward with the process because they aged out. For this reason it’s always best realistically if the child is 18 or younger when they apply for the K2 visa. The younger the child is, the easier it is.
My Petition For My Fiancé Visa Was Denied. What Can I Do?
The first step is to see why it was denied. Generally when the initial petitions are denied, it means that something was missed or the application wasn’t filed correctly or the person wasn’t eligible on the face of it. Sometimes there is a more specific issue. I did a consultation in one case where the fiancé was from Pakistan and they wanted to marry their first cousin here in Nevada. Unfortunately for them, Nevada doesn’t allow first cousin marriages. I advised them to apply in California, which does allow for that. You’d have to let USCIS know that you’re planning to marry in California where it’s legal and you would want to cite the rule that says it’s legal and then that petition can be approved.
Normally you wouldn’t appeal that kind of case. Instead, you would refile it. You can appeal a denial but for the most part the appeals are pretty much worthless because they can’t fix whatever was wrong with the petition in the first place. You’re just wasting your time with an appeal unless the government made an error. If you need to add something or change something in the application you can file a motion to reopen the case, which would make it possible to submit new evidence. However, appealing is not usually an avenue and what you need to do is refile it correctly.
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