Season 9, the latest season of TLC’s 90 Day Fiancé is well underway. In addition to the regular questions as to whether the romantic relationships will survive, there’s also the test of the US immigration system and the geographical distance that the couples have to navigate until the K-1 visa approval and legal questions and issues that arise as well for the couples.
As an immigration attorney who regularly assists couples with K-1 visas, I cannot help but analyze the show.
K-1 Visa Process
A K-1 visa is a nonimmigrant visa used by couples who are engaged and one of them is a US citizen. To apply for the K-1 visa, the US citizen must have met the foreign national within two years of applying for the visa. Once the K-1 visa is filed with the United States Citizenship and Immigration Services (USCIS), the approval is then sent to the National Visa Center where an appointment is scheduled at the consulate where the foreign national is residing. When the K-1 visa is approved, the foreign national will travel to the USA to be with their US citizen fiancé. Once the foreign national enters the USA, the couple has 90 days to get married. Hence the name of the show, 90 Day Fiancé.
What the show leaves out is that not only does the couple have to get married within 90 days, but once married, in that same 90 days, the couple needs to apply for a green card by filing for an adjustment of status. Once the adjustment of status is filed for the foreign national to obtain their green card, they must wait within the USA until their green card interview (current processing times are around one year from the date of filing).
During the time that they are waiting, they also apply for an employment authorization document (work card). However, during the time that this application is pending, they cannot work for about 5-7 months. This is why on the show we see the US citizen leave for work while their fiancé/spouse stays home during the day and cannot work.
Now that we have a concept of what the K-1 visa is, let’s break down some issues in the current season.
Bilal and Shaeeda
Bilal has brought Shaeeda to the USA as his fiancé. The clock is ticking on their time to get married, however, Bilal is wealthy and has presented Shaeeda with a prenuptial agreement. Shaeeda is resistant to the agreement and feels that Bilal does not trust her. What Bilal does not realize is, that if he marries Shaeeda, he is required to sign an Affidavit of Support (Form I-864) stating that he will support Shaeeda while she is in the USA. This obligation survives even if the couple gets divorced. In one sense, Bilal would like to be protected by a prenuptial agreement in order to separate finances. But, on the other hand, he will still be financially responsible for her if he chooses to marry Shaeeda and sponsor her for her green card.
Jibri and Miona
Jibri and Miona have a tumultuous relationship, and although Miona has entered the USA on a K-1 visa, Jibri is not sure whether he and Miona have a strong enough relationship to marry. The couple have contemplated not getting married during the 90-day time frame. If that happens, Miona would need to return to Serbia before the 90 days expire. If Miona and Jibri do not get married within 90 days, and Miona stays in the USA, she will have overstayed her K-1 visa. If Miona returns to Serbia and she and Jibri stay together and ultimately get married, they would need to go through the spousal visa process, which adds a great deal of more time and expense to what they have already spent to get her here in the K-1 visa process.
Yve and Mohamed
Yve brought her fiancé Mohamed to the USA on a K-1 visa from Egypt. Now that Mohamed entered the USA, their relationship is rocky and Yve is not sure she wants to marry Mohamed or apply for his green card. Based on the status of their relationship, Mohamed meets with a friend to discuss his situation. The friend suggests that someone else can sponsor Mohamed for a green card. This is not accurate. Since Mohamed entered the USA on a K-1 visa petitioned by Yve, only Yve can apply for a green card for Mohamed. If Mohamed meets someone else that is a US Citizen and falls in love while in the USA, that person could not petition for Mohamed because he was only approved to enter the USA on a K-1 visa that was approved through his relationship with Yve.
We’ll have to stay tuned to see what other legal questions arise this season!
