Monthly Archives: February 2010

Which Visa B-2 or K-1 is the safest way to happiness in the US?

The K-1 Fiance visa is a very popular visa.  This article is a brief overview of K-1 visa requirements.

If you are young, single and applying for a B-2 tourist visa at a U.S. consulate abroad you probably will get a denial based upon section 214(b) of the United States Immigration and Nationality Act (INA).  It happens because increasing numbers of applicants seek this visa when in reality a K1 visa would be more appropriate because the applicant has a fiancé, boyfriend or a girlfriend who is a United States Citizen.  

If you are one of a lucky ones, who got a B-2 visa, and are on your way to your “happily thereafter in the United States,” do not bring a wedding dress in your suitcase.  Customs and Border Patrol (CBP) may put you into summary or expedited removal proceedings upon your entry into the United States.  CBP Officers conduct expedited removal proceedings when a foreign national enters the United States on a tourist visa but appears to be an intending immigrant rather than a true tourist.  Many couples believe that obtaining the visa is the only obstacle that they must overcome.  If you enter as a B-2 tourist and get married within a week of your entry, Department of Homeland Security most likely will place you in removal proceedings when you apply for your green card.  The bad news is that a foreign national who is placed in expedited removal proceedings is not entitled to request readmission to the United States for at least 5 years.  So, if you have a United States citizen fiancé/fiancée, apply for a K-1 visa instead of a B-2 visa.  It is a safe way to avoid expedited removal.

K-1 visa is the right choice for petitioners and beneficiaries who have physically met at least one time. They should have a bona fide intention to marry.  If one of the parties has a criminal conviction, do not apply pro se, hire an experienced immigration attorney to address the conviction issues to satisfy the United States Citizenship & Immigration Services.  An experienced immigration attorney will prepare your documents and your fiancé for the interview to avoid requests for additional documents, visa delays and Section 221g denials.  INA Section 221g denial is a visa refusal which can be corrected with supplemental documentation.  Those United States visa applicants, who have received a 221(g) refusal, need to consult a United States Immigration lawyer for advice and assistance in communicating with the United States consulate abroad and submitting required immigration documentation. 

Evita Tolu – Immigration Attorney

314-872-3988 telephone

314-872-9556 fax