K1 Fiancé(e) visa denial – what are the reasons?

Surviving through the K1 Fiancé(e) visa denial is not easy, but you can always give it a second try. Let’s get you going and go over the list of the most common reasons why foreign citizens who want to get married to their United States fiancé(e) in the United States have their K1 Fiancé(e) visa denied.

Human error contributes to the K1 Fiancé(e) visa denial

To err is human. However, if you don’t read the visa requirements carefully before creating a petition for your foreign fiancé(e), you risk getting rejected due to errors made while you were creating your petition. Namely, if your foreign fiancé(e) inserts wrong information in their visa application, their visa application will not get approval.

Disregarding legal requirements leads to the K1 Fiancé(e) visa denial

Most importantly, both of you must have a favorable background and provide evidence of your genuine relationship that is consistent with your petition. Furthermore, your couple photos, airline tickets as proof of mutual visits, and screenshots of your written correspondence are as serious as the requirement that both of you are legally eligible to get married. The list of requirements is long and details matter to make K1 Fiancé(e) visa denial not happen.

Soft Consular bias

Some visa applicants are mostly applying only because they want to immigrate to the United States to gain permanent residence. The Consular Officer might have a subjective bias towards your foreign fiancé(e) if they’re coming from one of those applicants’ countries. In addition, if they recently divorced, the Consular Officer might be biased. Prove that you’re planning a marriage within 90 days from the moment your foreign fiancé(e) enters the United States. If you provide this information in a written form, that will boost your foreign fiancé(e)’s chances for visa approval. If not, that may make your foreign partner’s K1 Fiancé(e) visa denial happen.

Red flags

• Lying to the Consular Officers is the worst mistake that you can make. If this happens, your K1 Fiancé(e) visa denial is imminent.
• If you’re practicing different religions or come from culturally different backgrounds, the Consular Officer may get suspicious.
• The two of you don’t speak the same language. This implies that your communication is almost non-existent.
• Not preparing for the visa interview and giving incorrect answers to questions about you and your relationship.
• Documents submitted before the interview are not following the information provided during the interview.
• The information given on both of your social media accounts is not in accordance with the information you submit.
• You got engaged as soon as you met for the first time.

The petitioner already filled for another K1 Fiancé(e) or IR1/CR1 Spouse visa foreign applicant

If any of you have been a part of this process before, the Consular Officers might have doubts if your relationship is real. If you as a United States citizen petitioned for a foreign fiancé(e) or spouse that is not your current foreign fiancé(e), the Consular Officers might think that you’re making pacts with foreign citizens to help them obtain permanent residence in the United States. The same goes for your foreign fiancé(e). If another United States citizen petitioned for them in the past, the Consular Officers might think that your foreign fiancé(e)’s only goal is to immigrate to the United States.

Your relationship is secretive

In case you keep your relationship away from your friends and family, that might look mistrustful. If you don’t have any photos from your family gatherings, it might seem that your family doesn’t know about your relationship. If you are an LGBTIQ couple and face discrimination or estrangement from your family, be aware that the Consular Officers are sensitive to the issues. They might disregard the lack of family support.

Past visa denials

Honesty is the best policy. Explain the reasons why your foreign fiancé(e) had their past visa application(s) denied. It doesn’t matter if your foreign fiancé(e) applied for a non-immigrant visa in the past and got it denied. They should provide an explanation as well. Lying about it would just put your foreign fiancé(e)’s present visa application at risk.

No money to cover the foreign fiancé(e)’s stay in the United States

When you as a United States citizen start the petition for your foreign fiancé(e)’s visa, you need to prove that you have enough financial resources to secure your foreign fiancé(e)’s stay in the United States until they find employment. Thus, check your income eligibility. Namely, having enough funds is the prerequisite for your foreign fiancé(e)’s visa application.

You didn’t meet in the past two years

Proof of an in-person encounter that occurred within the past two years is treated as a significant confirmation of your established relationship. If you weren’t romantically involved at the time you met, it is still treated as a fulfilled requirement for the K1 Fiancé(e) visa.

The beneficiary is not eligible

From time to time, some applicants are simply not qualified for the K1 Fiancé(e) visa. They might have a criminal background. They might not be not single. Or they have a history of denied or illegal entries to the United States.

VisaExpress is part of the GovAssist family, which also owns and operates GovAssist Legal, a non-traditional legal services provider authorized to the practice of Immigration Law by the Utah Supreme Court’s Office of Legal Services Innovation.

Our team is supervised by in-house immigration lawyers, and you will be provided with attorney representation throughout your case. Using technology and our paralegal team we can charge much less than traditional law firms.