The K1 visa can be the first step towards a life with the person you love. However, this kind of visa is not foolproof. According to statistics, approximately 20,000 applicants are rejected each year, almost 40% of the total.
Therefore, together with the experts at Urbina Immigration Law, we will analyze the reasons for the denial of the K1 visa and what to do if your application is denied. If you find yourself in difficulties, do not face them alone. Talk to our attorneys today and take the first step towards the visa you need to secure your future.
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Reasons for denial of K1 visa
While there are multiple reasons why USCIS might deny your fiancé visa application, there are some common causes that lead to a denied K1 visa. In the following sections we will explain each of them.
Lack of evidence of the authenticity of their relationship
As we have seen, having a genuine relationship with a U.S. citizen is one of the main conditions for obtaining a K1 visa. In this sense, suspicious relationships (fraud) are one of the reasons for denying the K1 visa. The authorities will review your supporting documentation submitted with the Form I-129F to identify any irregularities. Some of the causes that could call their relationship into question are:
- Significant age differences between the couple.
- Lack of solid evidence of a genuine relationship.
- Language barriers that hinder communication.
- Failed visa interviews and contradictory statements.
- Religious differences that raise doubts.
- Suspicion of fraudulent motivations, such as interest in immigration benefits rather than a real relationship.
- Lack of common background in aspects such as religion, ethnicity, culture or education.
- A short period of courtship prior to filing the visa application.
- Difficulties in communication between petitioners after filing the petition.
- Lack of visits from the U.S. citizen to his fiancée.
- Records of previous relationships that request a K1 or Marriage visa.
- Questionable past in terms of fiancée’s visa or background.
- Involvement of third parties in the organization of the initial meeting.
- A close relationship between the U.S. citizen and the fiancée’s family, which could raise suspicions of favors or payments.
Please note that this does not necessarily lead to a denied K1 visa. However, in the face of these it is important to have professional legal help that can diligently prove that your relationship is genuine. Don’t risk your future with the person you love. Contact our team of lawyers and get the visa you need.
Previous K1 visa applications
Inconsistencies in previous applications may lead to a denied K1 visa. If the consul discovers any misrepresentation, he may issue a permanent bar under Section 212(a)(6)(C)(i).
Do not risk your future with the person you love. At Urbina Immigration Law we can help you get the visa and/or waiver you need, accompanying you throughout the process. Contact us today and get the legal help you deserve.
Unwillingness to marry within the 90-day period
Another requirement to obtain the K1 visa is to marry within 90 days of the foreign couple’s arrival in the United States. If you cannot prove that you intend to marry within 90 days, the authorities may deny you your visa. For this, you may submit certain supporting documentation, such as invitations from your wedding or receipts related to your wedding. However, it is recommended that you consult with an immigration attorney to verify that you have all the necessary documentation.
Secret relationships are a frequent cause of doubt as to the authenticity of a relationship. If family members, coworkers and/or friends of the couple are unaware of the same, the authorities may become suspicious and deny the K1 visa.
For this reason, it is important to include in the application evidence that third parties knew about the relationship, such as photographs of the couple with friends or family and statements from people who accredit and know about the relationship.
Inability to marry
Another reason for denial of a K1 visa is if you or your partner have a cause that makes it impossible for you to marry. In other words, any previous union must be dissolved by divorce, annulment, or death of the spouse in order to remarry.
Non-compliance with sponsorship requirements
Another reason for the denial of the K1 visa is not having sufficient income to support your future spouse and children. According to immigration law, you must meet the HSS Poverty Guidelines to show that you can sponsor your partner.
To do so, you must fill out the Form I-864 (Affidavit of Financial Support) certifying that you have the financial means to support your family. At Urbina Immigration Law we can help you bring in your loved ones. Contact us today and get the legal help you deserve.
How to avoid a denied K1 visa?
There are certain tips you should follow to avoid ending up with a denied K1 visa application. Some of them are:
- Get to know your fiancée well to demonstrate a genuine relationship: You must know your fiancée in depth. This means understanding your personal history, your goals and dreams, as well as the details of your relationship, thus demonstrating your commitment and love in an authentic way.
- Prepare carefully for the interview: The K1 visa interview is critical and can be stressful. Adequate preparation involves knowing the documents submitted. Keep in mind that not being able to answer questions about your fiancée may generate distrust on the part of the authorities.
- Visit your fiancée if possible: Visiting your fiancée in your country before the interview demonstrates your commitment and support. This can be an important factor for the consul.
- Review previous visa applications (if any): If your fiancée has had previous U.S. visas, carefully review her previous applications. This will help you avoid inconsistencies and problems related to misrepresentation.
- Seek legal advice for the process and interview: Consulting an attorney experienced in K1 visas can be beneficial. They can offer guidance on how to prepare you, what to expect at the interview, and how to address potential problems.
Do not face this process on your own. At Urbina Immigration Law we can help you gather documentation and prepare you for consular interviews. Do not risk your future with the person you love. Talk to a lawyer today and get the visa you need.
What to do against a denied K1 visa?
While having a legitimate relationship is a prerequisite for applying for a fiancé visa, it does not ensure that you will be granted a fiancé visa. However, there are some legal procedures and remedies you can use when faced with a denied K1 visa:
- Request for Reconsideration: If you believe that the denial was unfair or based on an error, you may file a request for reconsideration with the U.S. Consulate. Provide additional evidence or clarify any misunderstandings.
- Request for Waiver: If the denial was due to an inadmissibility, such as a past misrepresentation, you can apply for an immigration waiver.. Consult with an immigration attorney to evaluate your eligibility and prepare the application.
- Appeal of the Decision: In some cases, you may have the right to appeal the denial decision to a U.S. immigration court. This generally applies to cases where legal error is alleged.
- Filing a New Application: If your situation changes or you are able to address the consulate’s concerns, you may file a new application in the future. Be sure to address any problems that caused the initial denial.
- Marriage and Spousal Visa Petition: If you marry your fiancée after the refusal, you may consider filing a spousal visa petition in lieu of a K1 visa.
In all of these steps, it is essential to consult with an immigration attorney experienced in family immigration. At Urbina Immigration Law we can help you navigate the process effectively. Contact us today and secure your future with the one you love.
How long does it take to process a K1 visa application?
The time required to process a fiancé visa application varies depending on individual circumstances, such as the availability of evidence and the accuracy of the data provided. Therefore, it is of utmost importance to obtain professional legal assistance to help you gather all the necessary documentation and data, avoiding delays and inconveniences that could lead to a denied K1 visa.
What happens if I exceed the 90-day time limit to get married?
If you miss the 90-day deadline for K1 status without getting married, both you and your fiancé(e) may face serious consequences. This includes automatic expiration of status and the possibility of deportation, as well as affecting your future eligibility for U.S. immigration benefits.
What evidence of marriage should I submit to USCIS?
To support your spousal visa application, it is essential to submit proof of marriage to USCIS. This evidence may include shared financial documents, joint rental agreements, shared bank account records, photographs of the couple together, testimonials from friends and family, and more.
Legal assistance for a denied K1 visa
As we have seen, there are multiple causes that could lead to a denied K1 visa application. However, it is important not to panic. There are several legal procedures and remedies that you may have recourse to if you are unable to obtain a fiancé visa. However, each of them has its particularities and complexities.
This is why legal assistance is essential, as any mistake could further aggravate your situation. Don’t risk your future with the person you love. At Urbina Immigration Law we can help you get through the difficult immigration system and obtain the visa you need. Contact us today and let’s fight for your rights together.