So your fiancee visa application has been rejected?
The K-1 Fiancee Visa allows a foreign national to enter the United States for the purpose of marrying a United States citizen. However, some of these fiance visa petitions have been denied. As a result, it is not uncommon for either party to simply give up due to exhaustion and the process being delayed. The most common reasons for refusal are the following:
Misrepresentation: If the petitioner or fiancé has made a material misrepresentation or knew or should have known that false information was provided in the visa process, from the initial petition submission to the consular interview, the petition may be denied. Innocent failure to provide sufficient information may be appealed or corrected by filing another petition.
Insufficient Documentation or Information: When the petitioner or fiance is notified that they have not provided sufficient documentation or information, completing the petition may result in time limits that may not be met. This question often arises in the context of the dissolution 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 fiance petition.
Felony Conviction: A fiance petition may be denied if the fiancee 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 behavior that is contrary to honest and moral behavior. The fiancee must also have no immigration violations. On the part of the applicant, the International Marriage Brokers Regulation Act (IMBRA) should be considered. Failure to comply with IMBRA may also result in denial of the petition.
Insufficient Relationship: The applicant and fiancée must prove that they have been dating in person for the past 2 years and have developed a serious relationship with a genuine intention to marry. Evidence can be provided in the form of airline boarding passes, hotel receipts, telephone records, passport stamps, and recent photographs of the petitioner and the fiancee together. Petitioners are encouraged to generously supplement their petitions with such evidence.
Medical Issues: The fiancée is required to undergo a thorough medical examination, primarily for infectious diseases such as tuberculosis. The petition may be denied if the fiancée carries a contagious or sexually transmitted disease. A severe mental disorder can also be a reason for refusal, as can a severe non-contagious physical disorder.
Income of the petitioner: The petitioner is required to show a minimum income of at least 25% above the poverty level set by Congress each year. The purpose of this requirement is the concern that the fiancee does not become a public accusation in the future. If the petitioner cannot initially pass this threshold, additional or new tax returns may be required.
Finally, the interview: Preparation of the fiancee for the consular interview is critical. They should be clean and neatly dressed, prepared to answer questions about their relationship with the applicant, and have full and complete documentation to supplement their answers to questions to dispel any doubts about a sham marriage. Well-prepared and well-documented petitions will result in shorter interviews and fewer questions, but preparation for the questions is again critical. The inability to answer simple questions can call into question the betrothed’s credibility, causing rejection.
Assuming that the parties are prepared, honest, sincere, know each other well and sincerely wish to marry, experience shows that the interview questions will be quite simple. As I tell my clients, all you have to do is tell the truth. This is the easiest thing to remember.
It is wise 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.
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