• Parviz Malakouti, Esq.

Before the 90 Days - Episode 15 Cold and Calculated (Immigration Breakdown #2)



By Parviz Malakouti-Fitzgerald, Esq.


In the 90 Day Fiancé Immigration Breakdown, I analyze each episode to talk about how the ups and downs of the couples’ relationship could affect visas, green cards, and other immigration issues. This series is for the 90 Day hardcore fans!


Welcome back to my immigration breakdown where you get to read a lawyer's rantings about immigration issues, both real and imagined, on the TLC mega hit TV show 90 Day Fiancé.


You can read the episode 14 breakdown here. At all times, you are to assume Old Malakouti (this author) is shaking his fist at clouds yelling “more immigration planning!”


See, when you’ve been practicing immigration law for at least a few years, you can’t help but notice potential immigration angles on a show like Before the 90 Days.


Imagine an immigration attorney tossing and turning in his sleep, muttering


  • “bonafide relationship issue!”

  • “2 year meeting requirement”

  • “intent to marry within 90 days!”


...then waking up in a cold sweat and out of breath.


That’s your author and now you get to read those ramblings. You signed up for it, so don’t blame me.


Let’s get right into the immigration aspects of Episode 15 Cold and Calculated…


Kim & Usman - Conservative Goodbye


Viewers were treated to very little Kim & Usman storyline in this episode. Usman drops Kim at the airport, gives her a hug goodbye that seems“platonic”, and ignores two “I Love you”s from Kim.


Par for the course in some of this show's relationships.


There’s not much immigration related here, so we’ll keep an eye on them for next week.


Memphis & Hamza - The Sorrow of Separation


Memphis & Hamza deal with a lot in this episode. First of all, they get married which means Hamza is no longer eligible for a K-1 visa because the couple are no longer fiancés…they’re now spouses!


So that means Memphis has to petition for a spousal visa via “consular processing” for Hamza, and not a K-1 fiancé visa. (although technically Hamza may also be eligible for a lesser known K-3 visa to bring over a spouse while the spousal visa is pending).


Also, in this episode, Hamza & Memphis beef up their evidence of a “bonafide marriage” for a spousal visa by having their wedding in front of all of Hamza’s close family, including his mother, father, and sister.


This is good evidence because U.S. immigration authorities tend to think that getting married in front of the family like this means it’s less likely that the marriage is fraudulent for immigration purposes. The idea is that a person’s entire family is less likely to partake in the charade of a fake marriage than just one person in the couple.


The other interesting thing we see in this episode is the emotional farewell between Memphis & Hamza because they don’t know when they’ll be able to see each other again.


If you think it’ll take a month or two for Hamza’s spousal visa to come through, think again!


With the dysfunctional, severely backlogged U.S. immigration system, a spousal visa is more likely to take 9-12 months or possibly even longer. As we see in this episode, this could create an enormous emotional, and financial strain on Hamza & Memphis as well as the hundreds of thousands of other international couples around the world forced to be separated for months and even years by the U.S. immigration system.


Ben & Mahogany- “Fake News” Relationship


In this episode, Ben & Mahogany’s “relationship” continues to look as fake as ever. I doubt they’ll ever make it to the point of applying for a K-1 fiancé visa, but if they do, these same signs that make fans think the relationship is fake could be a red flag for U.S. immigration officials.


Fake pictures, fake AirBnB, and stories that don’t add up are all factors that could cast doubt on the “bonafide” nature of a fiancé relationship in the eyes of U.S. immigration.


Ben & Mahogany have all three, so if they ever make it to a K-1 fiancé visa interview, they better have some answers.


Jasmine & Gino - K-1 Processing Times & Prenup FUD


In this episode, Gino’s attempts to discuss a prenup with the explosive Jasmine resemble a tasty chicken trying to navigate an alligator pit.


Indefinite delay seems to be the strategy and one must proceed with utmost caution.


Also, Gino discusses the uncertainty around the processing times for the K-1 fiancé visa. It’s good that he’s mentally prepared for this because, as with the spousal visas, the K-1 fiancé visa can take a long time. Gino says 6-9 months. I’d say a more realistic estimate is 7-12 months, although the processing times do depend heavily from embassy to embassy around the world because they each run their own interviewing schedule for visa processing.


During that time the K-1 visa application is processing, it’s unlikely that Jasmine would be able to visit Gino in the United States, so let’s hope Gino can afford at least 7 months of rent at $700 a pop.


Mike & Ximena - Relationship Over…Probably


Ximena breaks up with Mike and stands her ground, seemingly quashing any hope of a reconciliation and therefore quashing the hope for any K-1 or spousal visa.


It appears we’re at the end of any immigration storyline with this couple, but the ever masterful producers at TLC leave us on another cliffhanger, so we’ll have to wait until next episode for full, certified, official, bonafide confirmation of their relationship being kaput.


Each week, I keep hoping TLC’s producers give us finality on a storyline, but these sorcerous, Hollywood writin’ types are just too crafty.


Next Episode…


In next week’s episode, we look forward to learning…


  • How is Memphis’s pregnancy affecting things?

  • Does Gino have the guts to spring the prenup talk on Jasmine?

  • Will Kimberly & Usman ever actually get engaged?

  • Will Mahogany continue on 90 Day Fiancé or become a telenovela actress?

  • Is Mike & Ximena’s relationship finally over?


Writers, podcasters and producers - email us at info@malakoutilaw.com for quotes or collaboration.


The Law Office of Parviz Malakouti does not guarantee the accuracy of information presented nor assume responsibility for actions taken in reliance of this information. The information in this page could become outdated. Each immigration case is particular and you should consult with a qualified, licensed immigration lawyer about your case before taking any steps.



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