K-1 Fiancé Visa Petitions: 10 Reasons for Delay or Denial
A K-1 fiancée visa allows a foreign national to enter the U.S. to marry a U.S. sponsor. The marriage must occur within 90-days of entry. A K-1 fiancée petition can generally be obtained within SIX (6) months. However, simple mistakes can easily delay the process.
Documentation Issues1) Submitting incorrect forms. Submitting the wrong forms can lead to the denial of the K-1 fiancee petition. In addition to the petition, you will need to provide a Letter of Intent indicating that you will marry your fiancee within 90-days of his/her arrival to the United States, and a document demonstrating that you can financially support your fiancee in the U.S.
2) Submitting incorrect information. There are many different forms that are required for a K-1 fiancee petition. Additionally, U.S. petitioners must send documents to THREE (3) different government agencies, including the U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Consulate or Embassy abroad. Failing to timely or properly respond to any one of these agencies will lead to a delay or denial of the petition.
3) Submitting the petition to the wrong place. The petition should be sent to the correct USCIS Lockbox facility, based on the type of courier service (i.e. USPS, FedEx, UPS, DHL) used.
4) Failing to submit sufficient proof of meeting your fiancee within the past TWO (2) years. Simply providing USCIS with a ticket stub or a picture of you and your fiancee together may be insufficient to prove that you have met your fiancee within the past TWO (2) years.
5) Failing to prove the relationship. U.S. petitioners should provide evidence that they have been in a relationship with their fiancee abroad. The evidence will vary depending on the couple.
Procedural Issues6) The U.S. petitioner is ineligible for a K-1 fiancee visa. If the U.S. petitioner is not a U.S. citizen, is separated but still married to his/her spouse, has previously filed multiple K-1 petitions, has a criminal record, has not filed his taxes for several years, or is not gainfully employed, this could make him/her ineligible to file a fiancee petition.
7) The foreign national is ineligible for a K-1 fiancee visa. If the foreign national is separated but still married to his/her spouse, has been the beneficiary of multiple K-1 petitions, has a criminal record, or has prior immigration violations, this could make him/her ineligible to apply for a fiancee visa.
8) Hiring a non-attorney or unqualified attorney. Before you hire an attorney, we recommend that you meet with the attorney and read his/her online client testimonials. Afterward, ask yourself these questions: Is the attorney licensed and eligible to practice law? How easy was it to speak directly with the attorney? How long has the attorney been in business? Does the attorney have experience handling these types of cases?
9) Missing appointments and deadlines. If you file the petition yourself, USCIS will only send notifications to you. However, if you hire an attorney, your attorney will be notified as well. An experienced immigration attorney will notify you of changes related to your application. This will help you avoid missing important notices and/or deadlines.
10) Not being prepared for the visa interview. It is important for the foreign national to prepare for the visa interview.