Fiancee,Visa,Requirements,Qual law K1 Fiancee Visa Requirements, Qualifying for the K1 Fiancee
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The followingrequirements for a fiancee visa apply to both the petitioner and beneficiary. Neitherthe petitioner or beneficiary can have serious criminal backgrounds. If thepetitioner of the fiancee visa has a serious criminal background that includesviolence the fiancee visa application will be denied, however if the petitionerwas acting in self defense or if there was aconnection between the crime committed and the petitioner having been batteredor subjected to extreme cruelty an exception may be made. Other than violent crimes: If the petitioner has three ormore convictions for crimes relating to a controlled substance or alcohol notarising from a single act the fiancee visa petition will be denied. For the beneficiary of a fiancee visa petition: As statedabove the beneficiary or fiancee can not have a serious criminal background.While there are some exceptions which we will explore in a moment, the generalrule is: the crime for which the beneficiary has been convicted of or admits tocan not carry a maximum penalty of more than one year imprisonment, notwithstanding the actual penalty imposed. Waivers are available to beneficiarys of fiancee visas forcertain types of crimes. Example: commercialized vice, whether or not your fianceehas been arrested for and/or convicted of the crime. If a consular officersuspects your fiancee has engaged in commercialized vice the visa can be deniedor referred to the fraud prevention unit. If your fiancee is truthful and tellsthe consular officer that she has engaged in commercialized vice the consularofficer will inform your fiancee that she qualifies to apply for a waiver. Example: crimes involving controlled substances.Beneficiarys of a fiancee visa who have been arrested and convicted of acontrolled substance violation are ineligible to receive a visa. There is oneexception to this rule. The beneficiary of a fiancee visa can qualify to applyfor a waiver for simple possession of 50 grams or less of marijuana. Example: crimes involving moral turpitude. Just what crimesfall under the category of moral turpitude. The DOS maintains a list of crimesbut not all crimes are included on this list as falling under the category ornot. Some crimes on the list clearly indicate violence which will not be waived.In general beneficiarys of a fiancee visa are not eligible to be issued a visawhen convicted of crimes or when having admitted to committing crimes involving morale turpitude when the crime forwhich the beneficiary has been convicted or admits to committing carries amaximum penalty of more than one year imprisonment, not withstanding the actualpenalty imposed. Exception: If the crime was committed when the beneficiarywas under 18 years of age and the crime was committed more than 5 years beforethe date of application for the fiancee visa, then the visa can be issued. Qualifying financially to sponsor your fiancee: In order to financially qualify to sponsor your fiancee youmust have a documented minimum income that is based on the size of your family.For example: if you are single and only want to sponsor your fiancee (nochildren of your fiancee) this makes you a family of two, making the requiredminimum income $18,212.50. $20,950.00 if you live in Hawaii. $22,762.00 if you live in Alaska.If you add a child of your own or a child of your fiancee or any otherdependant as stated on your tax return this will make you a family of threemaking the required minimum income $22,887.00. $26,325.00 if you live in Hawaii. $28,612.00 ifyou live in Alaska.The above figures are in effect until the Spring of 2011.
Fiancee,Visa,Requirements,Qual