When a K-1 fiancee visa petition is submitted to the USCIS, it’s hard to know what happens next. The months of hard work include communicating with your fiance(e) about K-1 requirements, gathering documents, and making sure everything is properly completed. The process culminates in submitting the petition to the USCIS. One hopes that, by then, everything is in order.
So what happens next? Does the petition just fall into a big black hole? It may seem like that. Hopefully this article will shed some light.
When the USCIS adjudicator receives the petition, the following review takes place.
The USCIS adjudicator must carefully examine the application form and all supporting documents. The examination should address (but not be limited to) the following questions:
· Is the form(s) complete and signed? All fields on a forms should be completed. Fields that do not apply should be marked as “not applicable” or “None”
· Is the applicant or petitioner represented by counsel?
· Are there any responses which require further explanation or indicate there may be a need for additional documentation? If so, then the supporting documentation must be available for review or else the petitioner is likely to receive a Request for Evidence.
· Are all necessary supporting documents present and translated, if necessary?
· Is the beneficiary statutorily eligible for the benefit sought? This requires examining the relevant immigration code to determine if the beneficiary is eligible for the immigration benefit.
· Are all supporting documents authentic and unaltered? Recent submissions of fraudulent birth certificates and passports is making this inquiry especially important.
· Is there any reason to suspect fraud? Is there anything in the beneficiary’s or petitioner’s past that would lead an adjudicator to suspect that fraud is taking place?
· Are there any legal precedent decisions or court orders relevant to the case?
· Are there any ancillary applications which should be filed by the applicant (e.g. a waiver application, adjustment application, advance parole request, or employment authorization request)?
The above are basic procedural and substantive questions adjudicators ask as they review each K-1 petition. Applicants who keep these questions in mind and prepare their applications to address these issues stand a better chance of a successful outcome.
If you are interested in applying for a K-1 fiancee or K-3 spousal visa, please contact our immigration law firm at 626-771-1078 to speak with an immigration attorney. Visit us on the web at www.myfianceevisa.com
