The K-1 fiancée visa allows a foreign national to enter the United States to marry a United States citizen. However, some of those fiancée visa petitions are denied. As a result, it is not unusual to see either party simply give up due to exhaustion and process delays. The most common reasons for denial are as follows:
Misrepresentation: If the petitioner or fiancée made a materially false statement or knew or should have known that incorrect information was being provided in the visa process, from the initial filing of the petition through the consular interview, the petition may be denied. An innocent failure to provide sufficient information may be appealed or cured by filing another petition.
Insufficient Documentation or Information: When the petitioner or fiancé is notified that they have not provided sufficient documentation or information, completing the petition may cause time constraints that may not be met. This issue frequently arises in the context of the termination of a previous marriage. Failure to provide satisfactory proof of divorce, annulment, or death of a former spouse may delay or be grounds for denial of a Fiancé Petition.
Criminal Conviction: A fiancée petition may be denied if the fiancée has been convicted of a crime involving moral turpitude, drug possession or trafficking, or prostitution. Moral turpitude can be loosely defined as depraved and vile conduct that goes against honest and moral conduct. The fiancée must also not have any immigration violations. On the part of the petitioner, the Law for the Regulation of International Marriage Brokers (IMBRA) should be considered. IMBRA’s non-compliance may also result in the denial of the petition.
Insufficient Relationship: Petitioner and fiancée must show that they have known each other personally in the last 2 years and have developed a serious relationship with a genuine intent to marry. Proof can be provided in the form of airline boarding passes, hotel receipts, phone records, passport stamps, and recent photos of the petitioner and fiancée together. Petitioners are encouraged to generously supplement their petitions with such evidence.
Medical problems: The fiancée must undergo an extensive medical examination, mainly for communicable diseases such as tuberculosis. The petition may be denied if the fiancée is a carrier of a communicable or sexually transmitted disease. A serious mental disorder can also be a reason for denial, as can a non-communicable serious physical disorder.
Petitioner’s Income: The petitioner is required to show a minimum income of at least 25% above the poverty level established by Congress each year. The intent of this requirement is out of concern that the fiancée does not become a public charge in the future. If the petitioner cannot initially cross this threshold, additional or new tax returns may be required.
And finally the interview: The fiancée’s preparation for the consular interview is critical. They must be clean and well dressed, prepared to answer questions about their relationship to the petitioner, and have full and complete documentation to supplement their responses to questions in order to dispel any doubts about a sham marriage. Well-prepared and well-documented petitions will lead to shorter interviews and fewer questions, but preparation for questions is again critical. The inability to answer simple questions can cast doubt on the fiancee’s credibility, leading to denial.
Assuming the parties are prepared, honest, sincere, know each other well, and really want to get married, experience indicates that the interview questions will be fairly straightforward. As I tell my clients, all you have to do is tell the truth. It is the easiest to remember.
It is prudent to obtain the assistance of an experienced immigration attorney when beginning the K-1 Visa process.
This article is for informational purposes only and should not be construed as creating an attorney/client relationship.