• Parviz Malakouti, Esq.

Before the 90 Days - Episode 14 Disappearing Act (Immigration Breakdown #1)

Updated: Apr 3

By Parviz Malakouti-Fitzgerald, Esq.


In the 90 Day Fiancé Immigration Breakdown we 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 to the first Before the 90 Days Immigration Breakdown. Superfans want to know every last detail about the 90 Day Fiancé series characters and in this series, we’re gonna cover the visas, green cards and other immigration issues.


The show’s name “90 Day Fiancé” comes from the fact that for a K-1 fiancé visa, the couple must marry within 90 days of the foreign fiancé’s entry into the United States.


But that’s not the end of it.


The couple then has to apply for a green card for the foreign fiancé, a process that can take over a year from the time the foreign fiancé arrives to the United States.


So all your favorite characters from the show have to go through this K-1 process or get married straight away and apply for a spousal green card application.


Without further ado, let’s get into the immigration aspects of Episode 14 Disappearing Act.


Kim & Usman - Meeting Usman’s Mother?


Kim and Usman continue their quarreling in Tanzania with Kim threatening to leave early to go back to the United States.


In a last minute reconciliation, Kim and Usman start to discuss their next meeting and Usman mentions that Kim should come to Nigeria to visit his mother.


This can impact their future K-1 visa application!


While it’s not absolutely necessary that fiancés meet their future in-laws for a K-1 fiance visa, it definitely is something that can help the couple prove their relationship is real in the eyes of U.S. immigration authorities.


Proving that the fiancé relationship is real is called proving the “bona fides” and it’s a critical part of any K-1 fiancé visa application in order to secure an approval.


So if Kim goes to Nigeria to meet Usman’s mother, snapping a bunch of pictures as proof, it could help with the future fiancé visa application and the actual green card application that has to come afterwards.


Memphis & Hamza - Prenups and Postnups


Last episode (#13), Memphis dropped the bombshell for viewers that she would insist on delaying the wedding to Hamza so that she could have time to properly get a prenuptial agreement (another reminder that in many U.S. states, you must get a prenuptial agreement well before the wedding in order for it to be effective!).


But it appears that Memphis doesn’t want to strain the relationship by delaying the marriage.


Having a lawyer draft a prenuptial agreement, then giving the other fiancé enough time to review with the help of a lawyer is a process that can even take several weeks. It’s not really something that a fiancé can spring on their significant other on the eve of the wedding.


So Memphis has a tough conversation with Hamza, with his sister Rawia translating, getting Hamza to agree to a postnuptial agreement. This is an agreement to separate assets that’s made after the couple gets married (hence the “post” in postnuptial agreement).


So can having a postnuptial agreement hurt Memphis and Hamza’s U.S. immigration case?


It’s not that unusual for a real couple to get a prenuptial or postnuptial agreement so I don’t see this affecting their future immigration case very much.


Ben & Mahogany- “Relationship” On the Rocks


In this episode, Ben & Mahogany’s relationship seems to take a turn for the worse with Mahogany checking out discreetly and leaving Ben at the resort. However, the end of the episode contains a teaser showing Ben & Mahogany possibly smooching in the next episode.


There’s not much content in this episode that would show an impact on a future immigration case so we’ll just have to keep an eye on how Ben & Mahogany proceed.


Jasmine & Gino - Finally K-1 Eligible!


After more ups and downs than a rollercoaster, Gino finally gets down on one knee and pops the question to Jasmine in Panamá. This step actually makes Jasmine eligible for a K-1 fiancé visa because a prerequisite of a U.S. fiancé visa is…actually getting engaged!


It may sound obvious but we get a lot of clients who ask whether “intending to marry someone at some point” is enough to qualify for the fiancé visa.

It’s not.


There has to be an engagement with intent to marry within 90 days of the foreign fiancé’s entry into the United States and while the engagement can take many different forms, it has to happen.


What about Jasmine’s children who were mentioned in episode 12 and 13?


The children qualify to come with Jasmine as well under a K-2 visa as a dependent of the K-1 fiancé(e) applicant (Jasmine). So if the paperwork is done correctly, Jasmine’s two kids can come to the United States with Jasmine at the same time, allowing Jasmine, Gino and the kids to start their new life as a happy, united family.


Mike & Ximena - Breakup City


Mike & Ximena’s relationship seems to come to an end in this episode. In the eyes of U.S. immigration, no relationship = no fiancé visa.


So, absent an epic reconciliation in the next episode, Ximena’s plans to come to the U.S. on a fiancé or marriage-based visa are dead in the water.


Next Episode…


In next week’s episode, we’ll

  • Is Hamza going to sign a postnuptial agreement?

  • Is Gino’s prenup going to jeopardize Jasmine’s future eligibility for a K-1 fiancé(e) visa?

  • Could Usman’s plan for a second wife make him ineligible for a U.S. visa?

  • Is Mahogany serious about getting a visa to come to the U.S.?

  • Did Mike & Ximena actually have a “bona fide” relationship?


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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