The K-1/fiancée visa has helped many people be reunited with their partners and enjoy life as a couple in the United States. However, this visa program has been subject to suspicion of fraud over the years. As a result, there are many K-1 cases that are denied every year. Knowing this ahead of time can help you and your loved one present the strongest possible case for entry into the US.
Struggling with your immigration application? We can help. Call Garmo Group at 619-441-2500 to schedule a consultation now.
No Proof of Intent to Marry
The couple must marry within 90 days for the K-1/fiancée visa to be valid. If there doesn’t appear to be any intention of marrying each other in the appropriate timeframe, the application may be denied. This is why it’s important to provide evidence of wedding plans, purchases, and other details.
Not Enough Proof of Relationship
Since this visa has been known to be used fraudulently, immigration officers take an in-depth look at K-1 applicants’ relationships. They are looking for anything that might show the relationship is not real.
To prove that your relationship is legitimate and that both of you entered it in good faith, submit as many different pieces of evidence as you can. You might want to show proof of living together, photographs together, mementos from time spent together, records of communication, and information on trips taken together. Anything that any other couple would have as proof of their relationship should be included in your application.
The Applicant Was Previously Petitioned for a K-1 Visa by Someone Else
This particular reason is a big red flag to immigration officers. When a K-1 application comes in, they look carefully through the applicant’s history. If they have previously filed for a K-1/fiancée visa before with someone else, that makes it far less likely that they will get approved. It makes it appear that the applicant is simply fishing for someone to bring them to the US, rather than coming because of a legitimate relationship. When an applicant’s intentions are called into question, proof of a strong and valid relationship is even more important.
The Petitioner’s Income is Too Low
K-1 recipients cannot work immediately upon entering the United States. It takes some time for them to get their work visa. As a result, the petitioner must have enough income and assets to support both parties. A petitioner must make at least 125% of the federal poverty guidelines to have their loved one approved for a K-1/fiancée visa. There are certain exceptions, including those who have joint sponsors and those who are in the U.S. Armed Forces.
The Beneficiary is Inadmissible
The applicant could be inadmissible to the United States. Immigration officials are very careful about who they allow into the country. One common reason that applicants may be inadmissible is a criminal record. Crimes of moral turpitude are enough to keep an applicant from entering the United States. A communicable disease, such as gonorrhea, leprosy, TB, or syphilis, would also bar an applicant from entering the country.
Couple Has Not Met in the Last Two Years
The couple must have met physically in the last two years to qualify for a K-1/fiancée visa. It is not enough to have video chatted, talked on the phone, and otherwise built a relationship.
The Petitioner is Not a Citizen
There are cases in which a United States permanent resident has tried to bring over someone on a K-1 application. However, permanent residents are not allowed to obtain a fiancée visa. They can, however, file a petition for immigration of their spouse after getting married. Another hiccup is permanent residents who have passed the naturalization test but have not yet been sworn in. They, too, cannot initiate a petition for a K-1/fiancée visa. They must wait until they have been sworn in as a citizen.
Turn to Garmo Group for Help with Your Immigration Case
We know that every day apart from your partner feels longer than the last. With the help of a skilled immigration attorney, you can submit a strong K-1/fiancée visa application and try to bring your partner home. To learn more about how we can help you, call us at 619-441-2500 or reach out . We look forward to learning more about your situation.