Why I cringe every time someone brings up this show...
The TLC show 90 Day Fiancé follows the lives of dozens of U.S. citizens and their foreign-born fiances as they navigate the immigration system to obtain a visa, get married, apply for a green card, and live happily ever after in the United States. It offers everything a typical TLC show would: hyped up drama, questionable romance, cringe-worthy emotional scenes and all other expected reactions that follow a thoroughly edited cable television series.
But what about the legal ramifications of the show? As an attorney, I would hesitate to allow my clients on the show. The fifteen minutes of fame and small paycheck each cast member receives is not worth a possible negative finding during the visa interview or green card process. It is important to note: everything on the show can be used against each and every case member! In addition, the show’s editing creates unrealistic expectations of what the immigration process is really all about. In this article, I discuss all the wrong things about 90 Day Fiancé.
Disclaimer: I do not practice entertainment law. I do not know what the legal duties this “reality” show owes to its cast members by carefully editing and presenting the dramatic story lines among these couples. I know TLC has been sued by former cast members for such editing. However, I speak and critique only from an immigration perspective.
90 Day Fiancé Doesn’t Help Prove a Real, Loving & Bona Fide Relationships
When an I-129F petition is approved, it is forwarded to the U.S. Consulate for a visa interview. Here, an interviewing official has discretion to approve the visa, or send it back to USCIS for denial. The interviewing official will ask standard questions such as when and how the couple met, where he or she planned to live in the United States, and details about the relationship, family members, and other parts of a real relationship. At times, these questions can get quite personal. In addition, there are investigations into a foreign national’s social media and international travel.
On the show 90 Day Fiancé, we see many different angles of shooting: events as they happen, conversations between cast members, production interventions and reaction interviews (interviews by the cast member shot after the events happened to reflect on feelings, points of view, etc.). TLC carefully edits these angles to create a more dramatic and emotional effect for viewers. The greatest downside to this editing is that it may take away from an otherwise real relationship.
For example, take the infamous Nicole and Azan. They allegedly met on an online dating app. When we first meet these two, Nicole flies out to Morocco to meet Azan in person, and there is a reality clash between their cultures (assumed Christian and Islamic). 90 Day Fiancé sure doesn’t do this couple a favor if they really are in love; rather, the show focuses on how Azan feels about Nicole’s appearance (“only 55% attracted to her”), cheating by both parties, texting women all over the world, and how much Nicole’s family doesn’t trust Azan. No wonder his K1 visa was denied.
Another thing that really bothers me about Nicole and Azan is that it seems like the paperwork for the K1 was submitted before they ever met. This is a big red flag. K1 visa applicants must show that they have met their fiancés in person at least once in the past two years. While certain situations may be waived, these exemptions are limited. From a viewer’s perspective, Nicole and Azan only meet after they got engaged.
On the other hand, take the other infamous couple: Mohammed and Danielle. From the beginning, we see stark differences between these two, but Mohammed eventually received his visa and green card. Obtaining a green card through the K1 fiancé process doesn’t end there: in two years, Mohammed must prove his marriage to Danielle was bona fide: i.e., he entered the relationship for love, not for immigration purposes. Otherwise, he cannot review his green card and may be deported. Clips from the show – such as him constantly doubting the wedding, running off without telling anyone and finally leaving Danielle once he received his green card – RED FLAG! This don’t help his case.
90 Day Fiancé Creates Unrealistic Expectations of the U.S. Immigration Financial Sponsorship Requirements
During the first step of the K1 process, the foreign national needs to prove he or she will not be a public charge – i.e., come to the United States and immediately live off government benefits and welfare. During the green card process, the U.S. citizen must show he or she can financially support the spouse. There are ways around this (such as seeking a co-sponsor or using one’s assets rather than income), but the legal standards are specific and must be overcome.
For some couples, 90 Day Fiancé completely ignores this part of the immigration process. Take David and Annie. David has a master’s degree, but has been out of work for some time. He and his wife were living off their friends. However, as the most recent season shows, friends and family have slowly cut him off financially. Eventually, David and Annie were evicted. Even when his friend offers David a job, David refuses.
So how can David and Annie afford to live, and meet the required financial requirement? One answer seems obvious: TLC paychecks. This is highly deceptive to viewers and TLC should clarify its financial commitments/salaries to its cast. Otherwise, 90 Day Fiancé shows unrealistic expectations in that out-of-work U.S. citizens can still sponsor foreign fiancés without any financial requirements.
Foreign Relatives May Be Inadmissible!
Let’s talk inadmissibility. Whether a person is seeking to enter the United States on a family-based immigrant visa or a temporary non-immigrant visa, he or she must prove admissibility. The Immigration and Nationality Act lists many grounds of inadmissibility, such as health, criminal, security, financial, immigration violators and fraud. For criminal grounds, a Consular officer does not need a conviction to deny entry to the United States; he or she just needs an admission sufficient to support the essential elements of an inadmissible offence. The Consulate officer doesn’t need an “I did it” but rather an “I may have done it, but…”.
From an attorney perspective, one of the most frustrating couples on this show is Chantel and Pedro. Aside from showing physical violence, familial manipulation, and inter-couple fighting between Chantel, Pedro and their families, 90 Day Fiancé seems to depict their relationship are strictly transactional: Pedro’s main goal is to make money and send it back to his mother and sister in the Dominican Republic. If his main goal was to use Chantel to live in the United States and support his family back home, then that is immigration fraud, and he is removable (can be deported).
In addition, there are times when Chantel’s family unquestionably alludes to Pedro’s mother’s shady (possible green card scam?) business in the Dominican Republic. I must say, there is no evidence of his mother being involved in an unethical or illegal business. But, if true, and USCIS or the Dominican Consulate gets word of this, his family could be found inadmissible for future travel to the United States.
Regardless, Pedro: keep your mouth SHUT!
90 Day Fiancé Doesn’t Get into the Adam Walsh Act (AWA)
The Adam Walsh Act was enacted in 2006 to deal with sex offenders and those who commit crimes against minor children. Not only did it create sex offender registration lists, but it prevents certain U.S. citizens and legal permanent residents from sponsoring family members for immigration if he or she has been convicted of a ‘specified offense against a minor’. Even if a couple is truly married, the non-American spouse will not be allowed to immigrate to the United States unless the convicted American spouse obtains a waiver. The term ‘specified offense against a minor’ is not limited to sexual offenses; it includes kidnapping, solicitation for prostitution, video voyeurism and internet-based attempts to lure children.
While there are no cast members with Adam Walsh Act convictions (I hope!), this is an area of law that comes up a lot with immigration clients. It is understandable that convicted American sex offender would seek out a foreign spouse due to the stigma of sexual offenses in the United States. Obtaining a waiver is a difficult part of the immigration process, and it has led to multiple levels of litigation in immigration and federal courts.
Speaking of Crimes…
One of the many things a Consular officer will ask a fiancé at a K1 interview is information regarding the U.S. citizen’s criminal background. A fiancé should know about his or her beloved’s past, and lack of this knowledge may show the relationship is not real or serious. Hiding a criminal record may also be a deal breaker for a foreign fiancé. It is important for both individuals to be honest and upfront from the beginning.
A few cast members – notably Danielle and Paul – have a serious criminal record. Danielle (allegedly) was arrested in 2005 for multiple felonies involving credit card theft. It is unclear if Danielle ever told Mohammed about her past; however, the show reveals this well after Mohammed obtains his green card. Paul was convicted a few years ago for arson related to insurance fraud and served almost one and a half years in prison. Unlike Danielle, he was upfront about his record from the beginning, going so far as to bring documents to Brazil.
Then there is John. John has a questionably shady past, with a criminal record for ‘multiple fights.’ Clearly, John wasn’t eligible for the Visa Waiver Program, so he had to obtain a tourist visa to visit Rachel. The visa was denied. Again – it’s unclear exactly what he was convicted of, if Rachel should be concerned, and if it will make him criminally inadmissible to the United States. As 90 Day Fiancé is – we’ll just have to wait and see until the finale!
*Update – Oh, boy. Earlier this summer, Jorge was arrested for allegedly trafficking hundreds of pounds of marijuana. While this won’t affect Jorge in an immigration perspective, it could affect Antifa. If a spouse has benefited from drug trafficking, or knowingly aided, abetted, assisted, conspired or colluded in drug trafficking, it may cause immigration problems. Anfisa: you should obtain an attorney STAT!