We are lawyers, we are not sociologists, but recently we noticed among our clients a trend which might be of interest to sociologists -more and more American women have started actively participating in online dating services and, after corresponding for some time with men from various countries, make a decision to elevate their relationship with the chosen man to the highest level – tying a knot! Our statistics also show that American women are older, sometimes, significantly, than their future foreign fiancés. Again, we are not sociologists to comment on this phenomenon or its roots. Whether it’s a shortage of American men willing to start a family or the desire of American women to experience a different culture to the fullest and their willingness to take certain risks with the reward being a romantic and fulfilling relationship, we don’t know.
We can only answer questions pertaining to the legal aspects of their endeavor, and such questions are many, especially with the COVID-19 still plaguing our planet.
The immigration process involving obtaining a K-1 visa (K-1) for the foreign fiancé is rather complex.
First of all, the American citizen fiancée must have physically met the foreign fiancé within the last two years preceding the filing of the petition. It doesn’t matter where they meet, but they have to prove that the meeting did take place. Photos together, hotel bills, airline boarding passes, affidavits from witnesses – all of these will serve to establish that the meeting did occur.
Secondly, both parties must be free to enter into a marriage relationship. Please make sure that your divorces were finalized and that you are in possession of the final decree of divorce. We had more than enough clients who had not seen their husbands for 30 years, thinking that they have been long divorced to find out that they were still married. Don’t let this happen to you!
Third, if you are bringing a foreign fiancé, please, be prepared to be responsible for his well-being. You will have to sign an affidavit of support and show your income for the last three years and/or assets if the income is not sufficient to prove that your desire to support your future husband is matched by your ability to do so. This doesn’t mean that your future husband can or should rely on your support without contributing to the financial well-being of your family. He still has this obligation, but the bottom line is that it is you and the U.S. taxpayer who will have the burden of supporting your husband should he be out of work or get sick. Be prepared to not only put bread on the table but also buy a health insurance policy for him or add him to your own health insurance policy.
Fourth, be patient. These days, with so many American consulates around the globe being closed or working reduced hours, the waiting period may exceed the usual five to eight months of the pre-COVID waiting time. In exceptional circumstances (serious illness of the American fiancée), we may try to expedite the process but, believe us; it’s better to wait than to be eligible for the expedited processing.
It is essential to remember that in Immigration Law, the burden of proof is almost always on you and your foreign fiancé and not on the US Government.
You have to prove that your relationship is based on love and is not a scheme for a foreigner to obtain a coveted green card.
We already published an article on our website, dealing with love for which there is no legal definition. We had complex cases where it was seemingly impossible to prove that marriage was real, like the marriage between a 63-year old woman (who was not in the best of shapes) and a 27-year old man fit to be a model. Or marriage between a 67–year old African American gentleman and a 26-year-old lady from Belarus. Or marriage between a university professor of Jewish faith and a Muslim farmer from Tajikistan. All of the above cases are called “suspect” by the Immigration authorities, and we understand why. Indeed, what can all these couples have in common? What do they share? On what exactly is their marriage based on – sex, money, common hobbies or professional interests, a lifestyle? Whatever it is, everything goes, except the goal of obtaining a green card for the foreign spouse. But be prepared to explain what kind of “glue” holds your marriage together. By the way, all of the married couples in the above examples have withstood the test of time – after many years, they are still together living happy and fulfilling lives.
Many of our clients ask whether having a prenuptial agreement is a good idea.
In our opinion, it’s always a good idea. Note that we are immigration attorneys and not matrimonial attorneys. Immigration law is federal, that’s why we have clients from all over the country, while domestic relations law is strictly governed by state law. That’s why, if you are contemplating entering into a prenuptial agreement, you should contact a matrimonial lawyer in your state and make sure that different lawyers represent you and your foreign fiancé.
Fortunately or unfortunately, both my partner Boris Palant and I can relate to our clients who are contemplating marrying foreigners, and for whom such marriages will not be their first one. We are both immigrants. Boris, being 68 years of age, recently married a Russian citizen and has filed a relative’s petition on her behalf. I myself went through various stages of immigration. Plus, we have represented thousands of clients in marriage-based petitions.
We hope that your new journey will be fulfilling and romantic, full of love, and mutual respect. On our part, we will do our best to guide you through the process, filling out all the necessary forms, assembling a persuasive package of evidence in support of your petition, explaining every step and every aspect of the process, and preparing you for the interview. You will have an excellent battle-tested legal team on your side. Just do your part – love, be loved and provide all the documents we will request. Because we know that the burden of proof is on us!
Call us and schedule a consultation: +1 718-517-2300, or email us info@myimmigrationlawyerusa.com.