Our office received approval for a K-1 fiance visa petition that I prepared and filed on behalf of a U.S. citizen and his South Korean fiance. I prepared and submitted the initial I-129F Petition for Alien Fiance together with a comprehensive array of supporting documents including proof of U.S. citizenship of the petitioner; affidavits of intent to marry; explanation of how the couple met and how the relationship has developed over time; proof of the couple having met in person within the last 2 years; and evidence of continued relationship.
The U.S. citizen had previously filed a K-1 fiance visa petition on behalf of a different person. That relationship ended due to personal differences. However, the International Marriage Broker Regulations Act requires a general waiver to be filed in the following circumstances:
1. When the U.S. citizen filed K-1 fiancee visa petitions for two or more beneficiaries or
2. When the U.S. citizen previously had a K-1 fiance visa petition approved, and less than 2 years have passed since the filing date of the previously approved petition.
Consequently, I also prepared a general waiver pursuant to Section 832 of the International Marriage Broker Regulation Act, Subtitle D of Title VIII (Sec.831-834) of United States Public Law 109-162. The waiver consisted of a persuasive brief presenting the background of the U.S. citizen; an explanation of why the previous relationship ended before issuance of the K-1 fiance visa; a summary of the genuine and loving nature of the current relationship; re-iteration of their firm intent to marry within 90 days of the fiance’s entry into the United States; and documents to support the statements made in the waiver.
Both the I-129F Petition for Alien Fiance and general IMBRA waiver were approved by the USCIS. I then prepared all of the consular forms required by the Dept. of State. I also helped the clients gather the supporting documentation required for consular processing and conducted an interview prep via telephone to go over the types of questions that may be asked.
As a result of our concerted effort, the fiance was approved for the K-1 visa at the U.S. embassy in Seoul. This couple can now begin a life together in the U.S. as husband and wife in the near future.