Fiancé visa process is onerous

Rarely do non-immigrant Americans think about visas. We’re spoiled, really; able to come and go just about anywhere without fuss. Pack a bag and head to an airport, passport in hand, no prior paperwork required. Not so for many others, who simply by reason of birthplace must file and fret over forms well in advance.

The fiancé visa, recently in national and local news, requires a lot more than a form, as my own family can attest. Politics aside, the legal requirements (currently under review) can be onerous and lengthy; this is essentially a future citizenship application. They’re collaboratively handled by Homeland Security and the State Department and analyzed case-by-case.

Just what does the process entail? Application on the U.S. side, fingerprinting, interagency background check (more extensive with certain nationalities), and in-person interviews with consular officers. Not to mention piles of personal paperwork, such as love letters and emails, photographs, and testimonials of the romantic nature and legitimacy of the relationship.

Basic requirements include the applicant’s U.S. citizenship, having met in person within the last two years, no legal impediment to marriage, sufficient income to avoid public support, and intention to marry within 90 days of arrival (or the fiancé is deported). Fiancés who have a communicable disease or dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes of moral turpitude, drug trafficking, and prostitution; have used fraud or other illegal means to enter the United States; or are otherwise ineligible for citizenship must be refused a visa.

The application is first submitted to U.S. Customs and Immigration (the field office in Spokane serves North Idaho). In addition to identification and relationship evidence, the application includes police certificates from each place lived, and financial support. Often the government requests more evidence or changes requirements mid-stream, adding months to the process.

Once approved, the petition is forwarded to a national visa center for background checks on both parties. If vetted, the next step is the embassy or consulate which will interview with the foreign fiancé. More documentation and a medical exam precede the interview. Any discrepancies in interview answers, compared with everything that came before, result in investigation (e.g., for fraud) and more delays. Three months is quick for a K-1 visa. Six is to be expected, but some take a year.

If approved, it’s not over. The fiancé has one entry (can’t go back and forth) and 90 days to marry. After that an application for two-year conditional resident status follows. Later the couple must prove the marriage is real; not as simple as it sounds.

The process isn’t foolproof, nor could it be. Real couples are denied even if fully eligible, and false ones occasionally make it through. Immigrants statistically and consistently have lower crime rates than do citizens, yet if an applicant has not committed any crimes nor shows any reason for denial, no background check can guarantee the future.

For more information on this and other visas, see Travel.state.gov.

Sholeh Patrick, J.D. is a columnist for the Hagadone News Network with degrees in law and international studies. Contact her at [email protected].