Fiance Visa USA Issues | Apply For A Green Card | Green Card Process
K-1 Fiance Visa USA Issues
I am a U.S. citizen. I got engaged to a relative who lives in Pakistan. The engagement is arranged because it is our customary for our religion. We did not meet in person yet because we are not allowed to meet until our wedding day per custom. We have written letters to each other. Is my fiance eligible for K-1 visa and then maybe go through the green card process when she immigrates to the United States?
This is a very interesting question when it comes to immigration to the United States. The general rule that the parties have previously met in person within two years of filing the petition may be waived by the United States Citizenship and Immigration Service (USCIS) where extreme hardship can be
shown, or where it can be established that it is a long standing custom. According to 8 C.F.R. 214.2(k)(2), “as a matter of discretion, the director may exempt the petitioner and K-1 beneficiary from this requirement” in a situation where “marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting” prior to the wedding day. “The petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice”. If you can meet these parameters, the K-1 petition is approvable.
This would be the first step in the marriage green card process for fiancés. It would be in your best interest to consult with a competent immigration lawyer before you file the petition with USCIS.
Michael Shane and Evan Shane, Immigration Attorneys