What if they deny my fiancé’s K-1?

The K-1 visa, also known as the fiancé visa, is a popular type of non-immigrant visa for engaged couples planning to marry within 90 days of entering the United States. To qualify for a K-1 visa, the U.S. citizen petitioner must be a citizen, intend to marry within 90 days of the fiancé’s arrival, have met the fiancé in person within the last two years, and meet income requirements. The foreign fiancé must also intend to marry within 90 days, be legally free to marry, have no disqualifying criminal background or immigration violations, and pass a medical exam. Both parties must provide evidence of a bona fide relationship. The U.S. citizen must file Form I-129F with USCIS, and the foreign fiancé must get interviewed at a U.S. embassy or consulate.

Many assume that the promise of an upcoming marriage is reason enough to secure a K-1 visa, but it does not mean automatic approval.

Common reasons for K-1 denial

There are several reasons why a consular officer might deny a K-1 visa petition. The most common reasons include:

• The petitioner does not meet the necessary requirements.
• The fiancé does not meet the necessary requirements.
• The relationship appears to be fraudulent.
• The petitioner does not meet the income qualifications.
• The couple is already married.
• One or both individuals have issues with their standing with USCIS.

Options after a denial

If the K-1 visa is denied, the couple has three main options to consider:

1. Appeal: Sometimes, the interview might not go well due to nervousness, or there might be inaccurate or incomplete information that needs clarification. The couple has 33 days to appeal the decision using a Form I-290B, which comes with an additional cost.
2. Reapply: In some cases, it might be better to start the application process again from the beginning, correcting any errors. However, the consular officer will still consider the initial denial.
3. Marriage abroad: The couple can get married in another country and then apply for an IR1 or CR1 visa. This action can help address any concerns about the legitimacy of the relationship.

Avoid making assumptions

Many engaged couples assume that their commitment to each other is evident. However, it’s beneficial to work with family immigration professionals who can help identify potential issues and address them before filing the paperwork. This preparation can make the application process less stressful and more likely to succeed.