- This episode of Legal Eagle was made possible by Skillshare. Learn to think like a lawyer
for free for two months by clicking the link in the description. The infamous K-1 Visa is in the spotlight, thanks to the mega popular
show, the "90 Day Fiance" and it's apparently never-ending
number of spin-offs, like the "90 Day Fiance: The Other Way" "Happily Ever After", "Before the 90 Days" "90 Days of Facebook Chats",
"Say Yes! To the 90 Days" "We Found Love Thanks
To Google Translate", and the "4 Hour Work Fiance". Leave it to TLC to turn a
complicated immigration process into a hit reality show. The premise of the "90 Day Fiance" is that an American citizen falls in love with someone from another country. Once the couple is engaged, the U.S. immigration law allows the fiance to enter the country legally. The process for this is known
as the non-immigrant visa, also referred to by its
formal name, the K-1 Visa. Obviously, Americans can't get enough of international relationships. In this video though, we're going to be talking about love, marriage, and international travel, and the legality of the
"90-Day Fiance's" K-1 Visa. (trumpet sounds) Hey Legal Eagles, it's
time to think like a lawyer because even crappy reality T.V shows implicate complex legal issues. The fiance non-immigrant visa, is the document an American citizen needs to bring his or her foreign
fiance to the United States. The K-1 Visa permits the
foreign citizen fiance to travel to United States and marry his or her U.S. citizen sponsor within 90 days of arrival. Once married, the foreign
citizen will then apply for adjustment of status to
lawful permanent resident and can stay in the United
States as long as they like. Who can get the K-1 Visa? Well, the first requirement
is that the U.S. citizen and fiance must be
legally allowed to marry at the time of the petition
for the K-1 Visa was filed. Marriage laws differ of course, from country to country
and state to state. So to get a K-1 Visa, the marriage has to be legally possible according to the laws of the United States and the state in which the
marriage will take place. Now the second requirement
is that the couple must have actually met in person. "90-Day Finance" fans often ask whether the government cares at all about how much time these
people spend with each other before applying for K-1 and
coming to the United States. The answer is that generally, the foreign citizen fiance
and the U.S. citizen sponsor must have actually met in person at least once within the past two years. It's probably not too much to
ask when you think about it. Although the U.S. government
can grant an exception to this requirement for extreme hardship, it is extremely rare for this
requirement to be waived. We have seen lots of examples of people not knowing each other for very long before applying for the
fiance visa on the show. Robert from the most season
of the, "90-Day Fiance" probably takes the cake. He met his Dominican
fiance Anny on Facebook and then scheduled a cruise
to meet her in person. - And she's hot. - Robert then left the cruise for a trip and spent a whopping eight hours with her before deciding that
this Cardi-B look alike was his dream woman. - For people who think this is crazy, I say, "what the hell,
mind your business." - I guess it was love at first ship. Their meeting took slightly less time than it takes to register a
new car at DMV, but guess what? Robert and Anny's quick trip met the bare minimum
requirement for the K-1 Visa. And there have been several couples who use mobile phone apps to
communicate with each other because neither speaks the
other person's language. - (speaking in foreign language) - [Interpreter] I want
to talk about our future. - But I think we can all agree that "Love" is the universal language. So how does one apply for a K-1 Visa? Well, the application process is long and it can be very arduous. You need a lot of paperwork
to get the ball rolling, including an online
non-immigrant visa application, plus additional forms if
the person has children, a passport, a birth certificate, divorce certificates if applicable, police certificates from
everywhere the fiance has lived since the age of 16, medical examination, photographs, evidence of the relationship,
and payment of fees. And that there's just one more thing, evidence of financial support. This is actually pretty big deal. U.S. politicians frequently make claims about the immigration process and that they worry
that the people who come to United States, will be a
financial burden on the country. But to some extent
immigration laws already have strict requirements about
financial responsibility when you come to United States. During their visa interview applicants must produce evidence
to the councilor office, that they will not become a public charge in the United States. Public charge refers to
being unable to provide basic necessities of living like housing, food, shelter, and clothing. If a person will become a public charge the visa will be denied and that person cannot enter the country. Now the evidence of financial
support could be information showing the person can't
financially support themselves for instance, if the
person has a job lined up or has a lucrative career as a model, or they just happened
to be incredibly rich. Since this is likely not
the case for most people, they must be able to show
that the U.S. citizen can provide financial support. The American citizen will
have to file an affidavit stating that he or she will be able to support their new spouse and any children who come
over with that new fiance. This is a legally binding contract. If the person, the citizen is sponsoring becomes a public charge and the government has to public services, the agency providing the help can sue the American
citizen to recover the cost. So how does the U.S government decide whether someone will
become a public charge? There are many factors, a person's age, education, work
experience, skills, assets, financial resources and health, they're are all taken into account. And we've seen how the allegation of a public charge possibility has impacted the somewhat happy couples. When Nicole, a single mother, who struggles to make ends meet fell in love with man from Morocco, she knew she would be unable to meet the financial requirements
for the K-1 Visa, but her father decided to co-sponsor Azan and the government gave him a visa. - I think he sounded sincere, he sounded like he
wants to be with Nicole. - He's a good guy and
you guys will see that when you get to meet him. - Paul has appeared on two
seasons of "90-day Fiance." Paul is a Kentucky man in his late 30s who fell in love with
Brazilian woman name Karine. - Are you excited to meet me, you excited that I'm coming to Brazil? - I don't understand. - Oh no, she's doesn't understand, that's not good. - Despite their age difference, 12 years and language problems, neither speak the other person's language, they fell in love. Paul and Karine first appeared
on "Before the 90 days" which chronical Paul's
efforts to bring Karine to the United States. Paul inquired about
bringing Karine to America on a K-1 Visa, but he ran into trouble because he's a grown ass
man living with his parents who doesn't really work. - I'm definitely a mama's boy, I will say that. I love you. - I know, love you too Paul. - Financial affidavit
requires proof of income, three years of tax
returns, bank statements, employee verification, and lots of other stuff
that Paul didn't have. And Paul's mom wasn't
about to sign the papers necessary to support Karine. - I think it's all crazy myself, really. - When Karine got pregnant, the couple then appeared
on "90-Day the other way" where Paul decided to go live in Karine's very remote
Brazilian home town. The hapless Pauls exploits in Brazil included worrying about
whether deadly fish will be able to swim up his urethra, and carrying a mosquito
net with him everywhere. - Better to have it and not need it than need it then not have it. - The relationship might not have worked but it made for some fantastic television. - Chickens (Paul clucking). - (laughs) - Now one of the highlights
of his story line was Paul running into the jungle after the government of Brazil denied him the right to live permanently in the country of Brazil. The reason, Paul has a
felony conviction for arson. - The second case, my ex-girlfriend and I both took out restraining
orders against each other. - Just a quality human being, and as you can see other
countries also have immigration standards. But love conquers all. So that left the couple
back where they started, trying to assure the U.S. government that Paul can financially
support his family if they come to United States. Now that Paul's mom has grandchildren, she maybe more willing to
sign that financial affidavit. I'm told you should definitely stay tuned. Now "90-Day" fans are always
on the look out for people abusing the finance application process. Is this true love or just a foreigner looking for a green card? Is the American citizen
sketchy in dangling the visa as leverage to control
their foreign finance? Well, Congress has long been concerned about the possibility of abuse
and fraud, and exploitation from both the U.S. citizen
and the foreign fiance. In 2005, Congress enacted
the International Marriage Broker Regulation Act to reduce the abuse of
marriage based visa recipients. The law adds a few safeguards
to the screening process that are intended to protect
both the visa applicant and the U.S. petitioner. For example, if the American petitioner used a foreign marriage broker, which are the companies that
are often referred to as, "Mail-Order Bride" Companies, they have to disclose it
to the U.S. government and the broker must meet
certain strict requirements, not as strict as building
new housing in San Francisco but still kind of onerous. All U.S. petitioners must
undergo a background check and the results must be shared
with the immigrant fiance. This helps protect a foreign fiance from arriving in the United States to discover that the American
fiance is a criminal. - And I say, "I can't
come you crazy old man "I don't have green card," and he say, "Screw green
cards, they're for poor people "just get over here." - U.S. law also mandates
that if a petitioner has committed specific
violent or sex crimes, they cannot petition for K-1 Visa. These are crimes like
homicide, stalking, assault, domestic violence, kidnapping
and human trafficking. And what about if the foreign
fiance has a criminal record? Well, if the fiance has a criminal record, in most cases, the person will
be ineligible for the visa or to enter the United States at all. This is even true when the person's crimes have been expunged. Even misdemeanor convictions
can make a person in eligible, these crimes are listed in Section 212 of the Immigration & Nationality Act. They include crimes of moral turpitude, a violation of any drug
law, U.S or foreign, any kind of drug trafficking, even if it doesn't result in a conviction, prostitution or participating
in prostitution in any way, participating in human trafficking, whether directly or indirectly
and money laundering. Now, there are some
exceptions to the rules, a person may apply for a
waiver of a drug offense if it was a single offense of simple possession of marijuana, and if the conviction
was over 15 years old before applying for the visa. But the U.S. has to be satisfied that the person was rehabilitated, the person seeking the
waiver also has to show that admission to the U.S. would not be contrary
to the national welfare, safety or security of the United States. If your overseas fiance was
convicted of only one crime and the maximum penalty
possible for that crime is less than one year, he or she might not need the
waiver of inadmissibility. This exception does not take into account the actual sentence
length given to the person but rather the maximum penalty that could have been given
as a result of the crime. The sentencing exception does not apply however to drug crimes. Now the "90 day fiance" has
several different couples impacted by one person's criminal history. Let's take a look at the
situation for Tiffany and Ronald from "90 day the other way". Tiffany is an American
who went to South Africa and fell in love with Ronald, Ronald turned out to have a pretty serious history of gambling. - I was at my rock bottom, I had a full blown addiction of gambling. - He has been charged with armed robbery, theft and possession of
drugs during a traffic stop. And Ronald's addiction was so bad that he wound up selling off his mother's kitchen appliances, got arrested and the adjudication was delayed
so he could attend rehab. Tiffany, who wasn't even fully aware of the full extent of Ronald's issues, moved with her son Daniel to South Africa. Once she learned the truth, she decided to marry Ronald anyway, and the two tied the knot just days after he moved out of rehab. When Tiffany got pregnant, she decided she couldn't
stand living in South Africa, so she returned to the U.S. Now where does this leave Ronald her drug and gambling addicted husband? - His record's a little funky. There's quite a bit on there. - Well, at the most recent tele, Tiffany announced that she
is starting the process to bring Ronald to the
U.S. on a spousal visa. When she discussed this with a
lawyer on an earlier episode, the lawyer explained that
Ronald's arrest history would be problematic for him
to come to the United States, even without an actual conviction. - If there's anywhere in his
record that he admitted it, that is an admission for which he can be
determined inadmissible. - Tiffany however, feels confident that this history won't matter. Because she erroneously believes that "Love" is stronger than lawyers. But in this particular instance
Tiffany might be right, violations of gambling laws are not generally considered
crimes of moral turpitude, Ronald's other charges could
present problems however, especially the drug charge, the USCIS will have to
review the full extent of his South African arrest, before they decide if he
can come to United States. Now, the show also includes
couples who are already married, people who married a foreign spouse can apply for a CR-1 VISA to allow them to immigrate to America. People who apply for the CR-1 must satisfy most of the same
requirements as the K-1 Visa including a clean criminal record, and proving that they
have financial support. Now traditionally, it was easy to bring a foreign born spouse to America. However, that has changed in recent years largely due to the Trump
administration's travel ban. The travel ban restricts
immigration from countries deemed dangerous including Iran, Libya, Somalia, Syria, Yemen, North Korea and Venezuela. We've already seen how
this plays out in the show, a 19 year old Avery was a
self described party girl from Columbus, Ohio, until
she met Omar a Syrian online. The two fell in love and
she converted to Islam, and Avery married Omar
on a trip to Lebanon. This means she didn't need to
apply for a K-1 Fiance Visa. And although Avery's mother
kind of sorta supports the relationship, - Oh my gosh. - She's highly uncomfortable
with the idea of her daughter moving to Syria to live with Omar, even though he insists
that this part of Syria is pretty safe. - The whole country is in the
middle of civil war Avery. - I personally think
you're worrying too much. - Eventually the couple
decided that the best thing would be for Omar to come to the U.S. So they applied for the CR-1 Visa, which is for an immigrant spouse. Unfortunately for the
couple, the travel ban restricts the number of
Syrians who can enter the U.S. even if they are married
to an American citizen. - The lawyer has worked on, he said many travel ban cases and none of them have been approved. - A CR-1 Visa is supposed
to be easy to obtain but the Supreme Court
okayed the travel ban in part because the Trump administration said it would grant waivers if a couple experienced undue hardship, and the foreign spouse was
basically not a terrorist. In practice, though the waiver
has been harder to obtain, the Trump administration has been vague about what constitutes an undue hardship. According to the Trump administration, fewer than 5% of people
who apply for waivers have been approved, and of this 5% who were approved the government is in no
rush to provide the visas, over one third of those
who have been approved are still awaiting the visa. That's why some are finding their spouse an administrative Limbo,
instead of being denied, the case is placed in
administrative processing where it may sit for many years. And although Avery and Omar have indicated that Omar's application was accepted, that just means the government
is reviewing the petition to enter the country. As a lawyer explained to Avery, Omar is going to need that waiver if he has any hope of getting
into the United states. Now admittedly, lots of "90
day" fans are claiming that TLC told that lawyer to lie about Omar's hopes of getting into United States, but the lawyer's probably right here. As the form shows Omar's petition has been accepted for processing, but it says right on
the bottom of the form that it is not a visa, it will still be an uphill
battle for him to be admitted. Now there are limitations on the K-1 Visa. A person who enters the U.S. has 90 days to marry a U.S. citizen but only that particular U.S. citizen. If a guy like Syngin from
the new season of "90 days" decides that Tania is
not really his cup of tea and he'd rather marry another American, he will have to leave the country and start the whole
process all over again. And it looks like American citizen Rebecca from "Before the 90 days is on her second K-1 Visa. Rebecca was in the middle of a divorce from her Moroccan born husband when she met Zeid, a 26
year old from Tunisia. - Oh my god, I love you
so much, I love you more. - He's amazing. - Rebecca who is a private investigator has now applied for the K-1 Visa for Zeid, and she better make this one count since a U.S. citizen is
limited to two K-1 Visas during their entire lifetime. This limitation protects foreign
fiance's from exploitation, because if a U.S. citizen
could apply for K-1 Visas whenever they felt like it, they could lure people into the country with false promises of marriage and then subject that person to involuntary servitude or worse. And although Rebecca's Moroccan ex hasn't appeared on the show, his legal status could be up in the air because of their divorce. The Immigration Fraud Amendments of 1986 make the foreign spouses
permanent residency conditional for two years. This means that the
couples must remain married for two years for the visa to stick. If a couple splits up, then the government may revoke the immigrant spouses
permanent residency status. This means that the
person is in the country unlawfully and has to leave. Of course, there are lots
of procedural hurdles that can trip up a visa application. On the brand new season of "90 day fiance" we met Michael and Juliana, Michael is a 42 year
"wine entrepreneur" hmm... And Juliana is a 23 year
old Brazilian model. When they met at a yacht party in Croatia when Juliana was about 19 years old, it was love at first sight, again. - I don't necessarily believe
in love at first sight, but it's like we were kindred spirits. - Although Michael flew
around the world with Juliana, she was repeatedly denied
a U.S. visitor visa. The reason, her age and history were red flags for prostitution. The U.S. government can
deny entry to any person who it suspects, is coming
to the United States solely, principally or incidentally to engage in prostitution, or has engaged in
prostitution within 10 years the date of the application for a visa, admission or adjustment of status. Juliana and Michael vehemently denied that Juliana was ever an
escort or a yatch girl. Michael stresses that Juliana
was just a beautiful girl from a very poor village in Brazil who found love, in a
not so hopeless place, a yacht full of rich people. - Certainly a lot of people
that may pass judgment, may think I'm just an old sleazy rich guy going after a young hot woman. It doesn't bother me at all. - But not surprisingly,
these are the very things that the government considers red flags. You don't need to be
convicted of prostitution to be denied entry. In practice, the government
is looking carefully at people who are working in the tourism or entertainment industries. Sometimes there's a very fine
line between being a model and being a model who is also paid to entertain clients on a boat. For example, - Um, let's talk about you, what do you do for a living? - Model
- a model, what kind of model - A fashion model. - The government is
also actively screening for victims of human trafficking. Although Juliana and Michael protest the questions over their motives, teen girls from Brazil and Thailand are often lured into dangerous situations by men promising lucrative
modeling opportunities. And unfortunately, escort jobs
can sometimes be the gateway or the price of admission to working in entertainment and tourism. Of course, Michael claims
that he has already invested more than $150,000 in his
relationship with Juliana, there didn't seem to be much due process Michael wind in the second episode, which focused on Juliana's interview with the U.S. immigration authorities. Michael and Juliana have a lawyer so I'm willing to bet
that they were well aware that this question would
continue to pop up. But don't take my word for it, just Look at this form
the I-485 application for the K-1 Visa. As you can see question 35, 36, 37 and 38, all concerned allegations of prostitution. And despite the probing questions eventually the government
decided that Juliana had not in fact been involved
in illicit activities. Now many "90 day" fans have questions about another potential
legal hurdle to the K-1 Visa, immigrants from countries
where polygamy is legal. So let's see how this plays out thanks to the ever popular
couple Michael and Angela. Angela was a divorced grandmother of six when she met Michael a Trump loving 30-year-old Nigerian man online. (paper rustles) - Oh, sorry. Angela's first visit to Nigeria was featured on before the "90 days" she was going to propose to Michael but then she discovered
that he committed some, let's say unusual sexual
indiscretions at a nightclub, but the relationship was off, or was it, the two spent the
rest of the season fighting, Angela accused Michael of
taking from her bank account without authorization and
broke off the engagement, later Angela figured out
it was a banking error and Michael was back in. But on the next season Angela and Michael renewed their engagement, they have applied for a K-1 Visa but there may be trouble ahead. The 58 year old grandmother has
promised Michael and his mom that she will have his
baby as soon as possible. A fertility doctor said Angela
is down to her very last egg, so Angela hit up her
daughter for a fresh one. Angela's daughter has repeatedly refused to give her mother an egg, so Michael has proposed having
a baby with another woman. And in certain areas of Nigeria,
polygamy is in fact legal. Which brings us to the question, what happens if polygamy is
legal in a foreign country? Could Michael bring
another Nigerian spouse into the country on a K-1 Visa and then live happily
ever after with Angela and the other wife? Well, the answer is no. Although TLC would dearly love
to have a reality show called "My Big Fat polygamous fiances" polygamy is illegal in the United States and a person cannot immigrate or become a naturalized U.S. citizen, if they practice polygamy. Angela and Michael will
need to resort to plan B, if anyone has a free egg,
remember, she can tote it, she just needs the egg. - I can tote it, I just need your egg. - Of course the most important
requirement for a K-1 Visa, is something you won't
find in the U.S. code. What all of these "90 day
fiances" have in common is that they are all Instagram experts. It's pretty much a requirement for entry to the U.S. these days. Now if you want to be in "90 day fiance" or at least raise your Instagram game, I'd highly recommend Brandon
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two free months of Skillshare when you click on the link below plus, it really helps out the channel, so just click on the link below. The free premium membership gives you unlimited access
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objections in the comments and check out my other
real reviews over here where I talk about
whistleblowers, hearsay objections and the impeachment inquiry. Tons and tons of other
legal breaking news. And as always, I'll see you in court.
I love his videos! He did a few great analyses of It’s Always Sunny trials. This is really the only way to teach me anything about the law.
"Paul inquired about bringing Carinne to American on a K-1 visa, but he ran into trouble because he's a grown-ass man living with his parents."
Absolutely lost it. I love his channel.
Crimes where if even an appearance of having been committed can cause a visa to not be granted: ... prostitution. Caveat: depending upon how well you can lie about why you were a model onboard yachts with rich, old men and how you eventually got your own creepy-as-fuck old boyfriend who has spent over 150k on you. I lost it at the Michael and Juliana segment, lawyer not afraid to call it what is. Better watch out, Michael has a gajillion lawyers at his beck and call! 🤣
Also, Someone like Syngin would have to leave country and start process all over again if he broke up with Tania... but not slimy Luis???
I lost it at the Robert and Anny segment
Dude was savage. Definitely one of us :))
I died. We Found Love on Google Translate
Since the lawyer mentioned Avery and Omar, it just struck me, if they are married why didnt they try the K3 visa?
"Just a quality human being" - that just about sums up Paul. Hilarious, especially when coupled with his goofy run into the woods.
I love this channel and I'd give him a B+ overall, but he made a few mistakes.
He fails to mention the State Department even once. They are the ones who make the ultimate decision about who gets a visa and are the ones who make the ineligibility decisions (public charge, crime, prostitution, practicing polygamists, etc.). USCIS doesn't make decisions about visas.
Also, informing beneficiaries about petitioner criminal records is again the State Department's responsibility. I recall a few times where my fellow officers had to arrange a private interview with the beneficiary to tell them about the petitioner's background, ask them what they wanted to do, and provide assistance if possible. But I give him credit for bringing that up.
Similarly I give him credit for reminding us about the lifetime K-1 petition limit. That is more of an immediate concern for USCIS, so it wasn't at the front of my mind. I'm putting that out there for anyone who listened to this week's episode of The Fraudcast and wants to give me grief.
He got some form numbers wrong. The DS-160 is the actual form for the K-1 visa. The I-129F is the form for the fiancee petition. I-485 is for adjustment of status.
I disagree with his assessment that suddenly getting a visa from a travel ban country is orders of magnitude harder than before. While he may be correct about the waiver process, those countries identified in travel ban were always subject to intense scrutiny. I remember getting tied up on knots trying to issue someone with a North Korean passport.
I'll edit this comment if I think of anything else.
I'm shook that he's one of us! I love his channel!!