Until a Visa Makes Them Husband and Wife: Finding a K1 for Suitors

MEXICO. Lilia Mendoza lives in Mexico City; Max in Atlanta. They had known each other since they entered high school and were both teenagers who had no idea that more than 20 years later they would need a K-1 visa to be together permanently.

Today, they are committed and that is how they recognize themselves and the US law to which they appeal. because it allows engaged couples to get K-1 if they meet certain requirements and, once in the US, get married.

The couple has been in a relationship for three years now, and even so, it’s been months since they last saw each other in person while they’re gathering all the paperwork.

They are in the first stage of the process: collect evidence that she and her boyfriend have been in a real relationship for at least two years and that they are not planning a ruse to stay there. They must write letters from friends, relatives, acquaintances and all those who testify in their favor that they are a couple, love each other, do not want to be at the legal border.

While he may come and go, she cannot.

Photos, postcards, gifts, souvenirs, can become legal proof of reference. This sentimental case must be sealed with a document called IF-129, which is sent from the embassy to State Department headquarters for analysis. Now the biggest problem is bureaucracy.

Max admits in an interview that part of the confusion is that he already has an established life in Atlanta as a mediator in court.

When you walk around the neighborhood, you can see people who already recognize you, who know who you are. He has joined a very specific community in which he lives with migrants as well as people born there or in other states of the American Union in his role. clampsavoiding unnecessary litigation in divorces, street fights and petty matters.

Today it is a key element in the United States attorney’s bid to avoid unnecessary expense in lengthy litigation in the Hispanic community.

“If I didn’t start the procedure or she didn’t come, it would be very difficult for me to continue with her. My relocation options are very limited,” he clarifies. “In these post-pandemic days, I can work remotely, but only for a couple of days, and it’s still hard for me to leave my workplace.or”.

On the contrary, Lilia’s job is significantly more flexible and she can serve you even from a distance, so it is more convenient for them to start the process so that she and her teenage daughter can move in with Max.

But what does this visa consist of? According to the State Department, to its embassy:

“The K-1 fiancé visa is a non-immigrant visa for a foreign citizen, fiancé or fiancé of a U.S. citizen. The K-1 visa allows a foreign national fiancée to travel to the United States and marry her American sponsor within 90 days of arrival.

Some visa support managers believe that the growth in the use of this visa is due to globalization and the free movement of people. Thus, there has been a growing need to adjust immigration laws to make it easier for American soldiers, for example, to try to bring their foreign-born brides to the United States.”

While this procedure may sound friendly in its definition and in the ideal behind its origin, it actually has a series of twists and turns that sometimes seem impossible.

According to Paola Chavarro, a lawyer specializing in migration, Previously, this visa was very popular because it was issued on average in four to six months.: relatively short period.

However, times have changed drastically with the pandemic, and the wait has turned into a rather dreary time.

Lily herself sometimes has to use an extremely positive attitude in persuading her to meet with Max because she has heard of cases of people who have been waiting like a pandemic!

When asked what to do in such cases, she recommends patience, especially since sometimes the first step doesn’t work. Faced with this situation, she explains that:

“Often they don’t accept the format and send them a document called RFE because there are no errors in the document. or insufficient evidence is presented. The more evidence they send, the better they will appreciate the format and they will have fewer visa problems.”

The recent complications of this procedure are due to the fact that, as Paola Chavarro explains, this procedure was fast.

But what does the data say?

In accordance with boundless, information agency for migrants from all over the world in the United States, up to 2020 received up to 34,000 applications annually.

During this period, the numbers varied slightly due to the latest policy adopted by the previous government. From this data, 10 years ago, the passing score was 50%; today about 10%mainly because many processes are stopped.

Currently, applicants for this visa mainly come from three countries: the Philippines, Vietnam and Mexico, with an average of 7000, 1700 and 1600 applicants as of 2019.

As additional information, the main destinations for those taking these visas are: California, Florida, Texas, New York, Illinois, and Washington.

Up to this day, Lilia waits for the approval of the first stage, and then, together with Max, goes to the embassy for an interview.. After this interview, another 13 months had to pass in order to receive a final answer.

The subsequent problems are numerous, such as having to wait for a residence permit in order to be able to work, or having to get married within 90 days of receiving a visa; This is if the period has not expired. But for both of them it is a worthwhile process, they do it with the hope of building the future together.

Author: gardenia mendoza
Source: La Opinion

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