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K-1 Visas: Meeting Requirements and Single Status?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé Visas and a couple of requirements that I think are often on one hand sort of overlooked, on another hand they're sort of looked at as if they are too heavy, are the meeting requirements and the single status affidavit. What are we talking about here? 

Well one, in order to petition for a Fiancé Visa, both parties have to be legally able to marry one another. Now there's also a meeting requirement, as we have discussed in other videos. You need to go ahead and have met your fiancé - your foreign fiancé - within two years of filing a petition for a K-1 Fiancé Visa. But then the issue becomes, well what if we met and I was still legally married? It can be a vexing one depending on the circumstances of your case. Now for the meeting requirement, understand that legal status regarding marriage may not necessarily apply or it may not be any kind of a factor that will have an impact on the meeting requirement analysis. That being said, again you have to be legally free to marry in order to petition for a fiancé. So again you may have met each other for example when you were on the tail end of your marriage for example and you may not have been legally divorced. That may be okay for purposes of the meeting requirement but for purposes of the petition itself, again you have to have a legal ability to marry the person that you are seeking to get a K-1 Fiancé Visa for.

For this reason, this can create complexity in these kind of cases and for this reason, for those who are unable to really sort of parse out where exactly they stand with respect to the Immigration and Nationality Act and how it pertains in application to the ability to petition for a K-1 Fiancé Visa, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.