Everything still wrong with 90 Day Fiance

A few years ago, I found myself compelled to blog about the distasteful reality show 90 Day Fiancé. For those who don’t know, this is a show about U.S. citizens attempting to bring their fiances and spouses to the United States. They navigate issues such as love, fighting, infidelity, money, instagram filters, catfishing, fighting, cultural issues, more fighting and, ugh, sex. Some cast are genuinely in love, while others are downright manipulative. The biggest (unseen) cast member, however, is the show’s editor(s). This show is ripe with editing and made up drama galore!

As an immigration attorney, I was quite concerned with how the producers and editors of the show chose drama and story lines over what was, or is, best for the cast. Everything from accusations of abuse to flat out broke, unemployable cast members made me shudder; not from embarrassment, but from a legal perspective. Once again folks, everything you say can and will be used against you. Immigration is administrative law. There are no rules of evidence against hearsay or what’s admissible. Here’s my stream of thought on any given episode.

David complaining about being too broke to afford an apartment? I-864 Affidavit of Support comes into question, especially now with the new public charge rules. Larissa and Colt divorcing so soon after the green card application? Uhh, Matter of Song, anyone? How can she adjust? Even if she did, I-751 Petition to Removal Conditions waiver is going to be scrutinized like hell. Rachel showing off her travel plans all over social media? Sorry, girl, where’s the extreme hardship for a I-601 waiver when you can just use TLC money to fly back and forth to England? And please, Rebecca “I’ve never loved anyone like I love him, despite marrying a guy exactly like him before” and Zied. You’re already a sponsor for your ex’s green card and not even divorced yet. Why are you on the show? Enough, Ashly, take a sip of wine.  

So, let’s consider the issues surrounding this season’s cast members. When I say issues, I do not mean language skills or fake drama. I do not comment on someone’s appearance or a couple’s difference in age. My concern with this show, once again, is strictly from a legal perspective.

Benjamin and Akinyi

Aside from the clear cultural differences, this couple comes down to one word: money. Benjamin is broke; or, at least kinda broke. The season’s drama revolves around him paying the ‘bride price’. Apparently, the bride price should have been a few thousand dollars, but he only paid a few hundred dollars because it was all he could afford. Benjamin also took a lot of time off from work to fly to Kenya to meet his online love, so whether he is employed or  not is also up in the air. One of the biggest hurdles will be Benjamin’s ability to meet the federal poverty guidelines in order to sponsor Akinyi. For fiance visas, it’s a double whammy: he must show sufficient income for the visa to travel, and again for the green card. 

Another important thing to note is this alleged marriage ceremony. Apparently, Benjamin and Akinyi wake up as husband and wife, but it is unclear if this is a legally recognized marriage in Kenya. I’ve had clients undergo celebratory weddings that mean nothing more than fancy pictures, all while waiting for a fiance visa to get approved. If this couple is actually married, the fiance process would be null and void. Benjamin would instead have to apply for an I-130 Petition for his new spouse. There is no way to convert a fiance visa to a spousal visa once the process has begun.

Omar and Avery

If I told you a 19 year old girl who recently converted to Islam and was planning to travel to the Middle East to marry a Syrian man she met online, how far in the conversation would you get before the acronym ISIS came up? Thankfully, not in this conversation. Omar and Avery seem genuine, but the biggest, and I mean biggest hurdle these two face is the travel ban. The travel ban affects all citizens of Syria trying to visit, work, or live in the United States. A waiver is available but likely would only apply to spouses, not fiances, of U.S. citizens. There is no formal process to request a waiver. In fact, it’s so unknown that there are a few federal lawsuits challenging the waiver process (see Emami v. Nielson and Pars Equality Center v. Pompeo). Approval is slim to none. I was happy Avery’s lawyer advised her to at least begin the sponsorship process, and I wish her luck in her and Omar’s waiver.

Angela and Michael

Say what you want, but legally I think this couple is the most legitimate of the season. Even when Michael isn’t in the kitchen cooking up his 355th “I’m Sorry baby” cake, he shows genuine love and support for his fiance. They’ve both tackled issues such as fertility, mutual love of things (in this case, the President), friendships, familial bonding and -sigh- strong sexual chemistry. These issues heavily support a bona-fide relationship because they are issues any real couple would discuss before getting married. Any consular officer watching this show can tell what’s TV-inspired drama and what’s real. I don’t think Michael will have a problem obtaining a K-1 visa, and I wish them the best.  

Rebecca and Zied

Last time we saw these two, Zied angrily stormed off to the hookah bar because Rebecca told him she was still legally married. Her excuse was it didn’t matter because the papers were signed. One does not need to know fluent French to understand the term fiance relates to two unmarried persons. She can’t even start the immigration process until she obtains a certified copy of her most recent divorce decree. She also needs to affirm at the time she files the petition that she is free and able to marry. 4th times a charm?!

Tim and Jennifer

Unlike the other couples’ money woos, this couple’s woos are in the bedroom. Their story focuses on intimacy. When Tim leaves Columbia, him and Jennifer are not even engaged. Something about a promise ring, blah blah blah. The bottom line is that this couple is no where on their way towards an engagement. 

Darcy and Tom

The other half of the Grady twins and her British beau have known each other for years, but only met in person recently. The ratio of Darcy crying / not crying is substantial this season. At first glance, it seems like this couple is all drama. However, one thing that caught my eye was the false narrative that Darcy was waiting for Tom to propose, as if this would ‘start’ the immigration process. The term fiance under immigration law is a legal one: an unmarried person who wishes to obtain a nonimmigrant visa to travel to the United States to get married to a U.S. citizen within 90 days of entry. There is no further requirement to adjust status or leave. This begs the question: why is Darcy, a U.S. citizen, waiting for Tom, a foreigner, to propose? It’s as if he never intends to get married and immigrate to the United States…

Obligatory shout out to Caesar and Maria

This “couple” needs no analysis. It’s clearly a fake plot drummed up by TLC, but it brings up one VERY important immigration issue. A K-1 fiance visa cannot be approved unless the couple shows they have met in person within the past two years. The only exemption allowed is for cultural or religious reasons. If Maria magically appeared and wanted Caesar to start the fiance process, it would be a dead petition from the start because they have never met in person. 

Last week, the next season’s new cast members were revealed. Let’s hope TLC will stop with the fake story nonsense and reign in on issues that could, would and should affect their cast’s immigration processes.