Law & Legal & Attorney Immigration Law

K-1, K-2, K-3, K-4 Visa Good Faith Marriage Documentation

To decide if an alien entered into wedding/marriage with good faith, there are many important considerations: (1) evidence showing the commitment husband and wife towards the marriage; (2) documents of combining asset/liabilities; (3) documents of time the parties lived together following marriage.  This does not mean a necessary need for cohabitation documents before marriage;(5) any other relevant evidence as indicated in 8 C.F.R. § 216.5(e)(2). 

The following evidence has been used to document marriages in good faith:

  •      Were children born?  Show a birth certificate;

  •      Can you document marriage ceremonies?  Show wedding album;

  •      Are there affidavits from friends/relatives, with personal knowledge of genuine marital relationship;

  •      Are there bank statements with financial accounts?

  •      Do 401-K plans show spouse as the designated beneficiary?

  •      Do health/car insurance policies have spouse as designated beneficiary? 

  •      Document cards/invitations indicating outward perception marriage; letters and cards for spouse as husband/wife. 

  •      Show pictures, receipts, airline passes/credit card statements--is there frequent contact between during time apart? 

E-2 and K Visa Fees Jump due to "Enrollment and Processing" Costs 

US Department of State reports E-2 and K visa categories were more than twice as expensive to "enroll and process" than H1B, L-1, O-1, P, Q, and R visas.  Enrollment and processing fees include the FBI's fees to the State Department for fingerprint and name background checks.  However, the FBI fees are similar in scope to the other classifications.  

The "assigned" costs that accounted for most of the variance include staff time for intake, management, biometrics collection, facial recognition review, and "preparing applicant information for review and adjudication by an officer."  With support staff costs so high, these applications just are too tough on the intake staff. 

E-2 and K Visa Fees Raised due to "Adjudication" Costs 

The E-2 visa also has high Adjudication Costs, but the Fraud prevention and detection is very similar to other visa types.  There are many varieties of E-2 package, and I know each consulate has a different process for the evidentiary documentation.  I understand the E-2 is being compared to petitions the consulate isn't adjudicating, but many of these companies are pre-certified.  If the consulates are uncomfortable with E-2 petitions, why don't they give more deference to USCIS adjudications of them?  

Of course, if you really wanted to fix the problem–why not just let cis process initial E-2's?  I realize State doesn't want to cede control over international investors, but why not divert the resources to investigate like I know they do for new office L's.  We should look up some some stats on Consular treatment of new office L-1's. 

E-2 and K Visa Fees Skyrocketed due to "Domestic Consular Affairs Executive Directorate Staff Time" Costs 

Assigned costs are big for "Domestic Consular Affairs Executive Directorate Staff Time."  This wraps into staff workload, and means that they are increasing staff as required to adjudicate visa applications they are not proficient with.  This includes the oversight of human resources services for consular agents. 

Anybody think the staff increases related to E-2 are based on economic projections?  Let me know if you have any thought that staffing levels are not based on historical data.  Because historical data means that E-2's are more expensive–creating a higher investment barrier–because of E-2 popularity back when the economy was better and the H-1B cap would hit quickly. 

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