Online history and social media can affect your K-1 visa

Be careful what you post on Facebook or Twitter, or what a google search says about you. It can affect your K-1 visa process.

Believe it or not, your social media and online history is “open season” for the USCIS and US Embassy during your Fiance K-1 visa process. They’re even allowed to use this information against you when deciding your case.

Even if you think you have nothing to hide — it’s still a problem. And it’s possible that an old post gets you in trouble or joining a certain Facebook group lands you in Administrative Processing (A.P.). This is truly scary, and you have to protect yourself.

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This means both of you have to be careful what you post online on Facebook, Twitter, Instagram, LinkedIn or what a google search says about you. Because it directly impacts your Fiance K-1 visa case’s results.

I’ll show you how to be intelligent with your online activities so you don’t make mistakes. Then you can even use this to your advantage and make a strong K-1 visa case. 

First, let’s understand who exactly can see your online history or social media.

Who checks your online or social media history in the K-1 process?

The government has access only limited to “official records” and there’s so much they don’t know. That’s why they select certain K-1 visa cases and scan online for history or social media because it gives them so much more data on you.

You already know the big three departments that process (or handle) your fiance visa. They can use social media and search the internet to review your credibility and make decisions on your case. See here:

(1) The USCIS uses online social media to routinely check your eligibility before approving a petition. This happens especially during your Green Card processing (I-485 Adjustment of Status). So, nothing really stops them from examining your social networks when you file form I-129F petition, either.

(2) US Embassy / Consulate (Dep’t of State) checks your history before/during your K-1 visa interview. In fact, when you apply for a K-1 visa they always do a thorough background check. The law allows them to directly ask for your social media names (DS-5535). It’s quite possible they have your Facebook page open to verify your answers.

(3) Customs and Border Protection (CBP) are resourceful. They may ask for your social media name (handle) and review it while interviewing you on the spot. This can easily happen while you’re waiting to enter the US on your K-1 visa.

Wait…do they really do this when processing a K-1 visa?

Alright, so you’re thinking: “Come on, are they even allowed do this?”

Yes, they’re allowed to and the surprising fact is this government policy was enacted during President Obama’s time. They’ve been able to use social media or the internet to research applicants. It’s a known procedure.

Take the fiance visa K-1 petition for example. Check the I-129F instructions (Page 14 of 15). Hidden away in the I-129F instructions it says that if they want, they can search anywhere to verify if you’re eligible for the K-1. In plain English this means, they can search the internet, your Facebook, or your tweets to make sure you’re not lying.

And if they find anything they don’t like, they will deny you based on it.  

In the past, the software they used wasn’t reliable. There were way too many flaws in their system and often linked you with the wrong account. But they still persist.

So, are you getting nervous and wondering “even if they’re allowed to…do they really dig into my facebook posts? Or read my tweets?”

Well, in the past it didn’t happen too often. President Trump’s new policy may make it a required part of immigration. Where it’s going to happen to everyone.

He allows US Embassies to ask for social media handles from suspicious applicants using form DS-5355. And encourages social media vetting to be a routine procedure.

Technically, handing over your social media is voluntary. But, do you believe that if you don’t comply, it looks good for your case? It’s almost a required step or else you risk denial.

Cases have been denied because of what people posted online and people have been turned away at the border for similar things.

Let’s see an example at work.

A student once bragged about applying for a student visa and staying in the US permanently. The US Embassy reviewed his Facebook post and actually denied him.

That’s because a student visa is only allowed for study. In other words, he was claiming to commit visa fraud. And that was their problem.

Which Fiance visa cases are screened for social media?

Not everyone goes through social media and internet screening before getting their K-1 visa. Most cases probably don’t.

But, the truth is that anyone can become a target by the Fraud Detection and National Security (FDNS). There’s no rhyme or reason for it. It’s up to the USCIS to figure out who to go after.

This policy is found at the DHS website.

Just like that, it’s up to the US Embassy or Customs to figure out who they’re going to target for a search.

However, some fiance visa cases are more prone than others. Most of the time, it has to do with background searches. For instance, if your name matches a known “listed” security threat, you’re going to be investigated.

If you have lots of Red Flags, then you’re also a high target. Think about it, wouldn’t social media be the one place to look to verify your bona fide relationship?

So, that leads us to the next question. What exactly do they look for?

What they look for in your social media history

They won’t waste time and resources on everyone’s fiance visa case. Their point is to look for two main things on the cases they select:

(1) First priority – Security, Crime, or Ineligibility. Meaning it’s for security-related reasons. To find out if you’re a security threat to the US, an ineligible criminal, or affiliated with a terrorist group.
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(2) Second priority – Fraud detection or verify bona fide relationship. To make sure you qualify for the visa and aren’t committing fraud. For a K-1 case with red flags, this can be a big deal.

Ok, so far it sounds like that’s not too bad. I mean, they’re just trying to protect us, right? And keep people honest. So, where do exactly they look?

Social media

Facebook (your groups, friends, posts/comments, “liked” posts, “shared” posts)
Twitter (groups, tweets, follows, followers, “likes”, “shares”)
Instagram, YouTube, Linkedin, etc.
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Online: blogs, comments, posts, Google Search, even dating websites
Groups: forums and comments (any affiliations with national security threats)

I don’t have anything to hide. I don’t need to be afraid

That’s fair to think. But, it’s more than just being confident that you’ve got nothing to hide. There are some things you can’t even control.

Problem #1: mistaken identity

What if they have the wrong account linked to your name? How can you prove you’re innocent of whatever is out there?

Imagine they wrongly link your Facebook, or Twitter handle, with another. Then it leads to months or years of background checks, problems and possibly even denial.

And you’re not exactly allowed to look at the computer screen while the officer is reviewing you and say, “hey, wait. That’s not me”. They do their screening and make a decision usually without giving you an opportunity to say something.

Remember the USCIS and others have confirmed that their social media vetting is flawed and doesn’t give worthy results (read the full report here). It’s not reliable, but they still use it.

Problem #2: it’s not how you really are

In your younger days, maybe you were active in some “bad” groups. Made a few “bad” jokes, offended someone, or shared some offensive videos or comments.

Maybe you’re different now. Will your past haunt you? It can and for many it has. Some people who’re active on Facebook groups have seen K-1 visa denials based on their comments or activities. Even if they’re totally different now.

Some made jokes without really meaning it.

So, even if you think you have nothing to hide, it can still negatively impact you. It’s not wise to put questionable material on social media.

Be careful online so it won’t affect your K-1 visa negatively

The fact of the matter is that you must be careful how your online personality looks like.

Look, I know this is unfair. Why do you have to worry about your online profile? Moreso, do you now feel like you have to go back to “clean” up your history to avoid getting into trouble?

But, ask yourself, what’s important to you and your fiance? Do you want to risk trouble, denial or hassle just because your profile had something bad?

For what it’s worth, these are the types of situations you want to avoid:

(1) “Bad” online Groups
If you are part of a “questionable” forum, FB group, related to crime/national security risk, anti-government, politically extreme, guns, crime, violence, against a particular religion, country or government, etc. Are you posting very provocative material? Do your comments reflect radical views?

(2) Your “relationship” evidence
Applying for a fiance K-1 visa means you should be engaged, in a loving relationship and connected to your fiance. Does your profile show this? Do things make sense or seem fraudulent?  

Or are you posting romantic photos with someone else? What does your social media say about your relationship?

Are your friends joking how you “won” a visa to go to the US? Or about a “mail-order” bride?

Here’s another important issue: Do you have engagement photos on your Facebook? Be careful that they don’t resemble a marriage ceremony. In the past, some couples were denied because their engagement was too extravagant. Consular’s thought it was marriage. So, they denied the visa.

(3) Contradictions
Imagine you said in your I-129F that you met in person with your fiance on December 7th. But your photo was “tagged” somewhere completely different on that day. Does this make you look like a liar?

More importantly, does it make you ineligible for a K-1 visa because you didn’t prove that you met your fiance (in-person meeting in 2 years)?

Did you vacation and meet your fiance, but posted different photos and statuses? Was your location “tagged” somewhere other than where you claimed to be?

There’s a lot that can go wrong. But, there’s a brilliant rule of thumb to help.

Rule of thumb

Don’t put anything you’ll have a hard time explaining to an immigration officer. Don’t write anything that’s offensive or contradictory to what you say in your paperwork, forms, or proofs.

For example, being in a relationship with your K-1 fiance, yet having romantic pictures posted with another person. In fact, don’t post anything that requires explaining.

How to use social media to your advantage to win a K-1 visa approval

Now, this whole “social media vetting” is beyond our control, but there is something good coming from this.

You can use it to your advantage especially if you have Red Flags (like huge age difference, different races, religions, etc.). Consular officers realize that most frauds and scammers hide their relationship from the world. So you have to be different to avoid looking like one.

If you fear multiple red flags, don’t hide it your relationship from Facebook or Twitter. Show and tell your fiance to your family, friends, and co-workers. Get their reactions, get their supports, get their “likes”. Show that the world knows about you two.

Rather than worrying about the negative that comes from social media vetting, I want you to focus on using it to your advantage. Because we don’t know how far President Trump will take this immigration policy. For now, the best we can do is deal with it.

What’s in your profile?

Do you have something posted on your Facebook, Twitter or Instagram that you’re worried about? Let’s talk about it in the comments below…