Why Are K-1 Visas Denied?

The K-1 visa is a nonimmigrant visa. It is often referred to as the fiancé visa as it is granted to a foreign-citizen fiancé of a U.S citizen. When granted, the K-1 visa authorizes a foreign-citizen fiancé to come to the U.S. He or she must marry the U.S. citizen sponsor, his or her fiancé, within 90 days of arriving in the country. This visa type, however, can be difficult to obtain. Here, we will detail some of the more common reasons why K-1 visas can be denied.

Why Are K-1 Visas Denied?

Far and away the most common reason why K-1 visas are denied is the fact that there may not have been enough evidence provided to substantiate the existence of a bona fide relationship between the visa applicant and the U.S. citizen fiancé. A bona fide relationship is considered to be one that was entered into in good faith, and one not created solely for the purposes of obtaining an immigration benefit. For instance, the relationship may have been entered into for the sole purpose of gaining authorization to enter the U.S. and not to establish a marriage and life together with the U.S. citizen sponsor. A bona fide relationship is not one where a person only marries a U.S. citizen to gain immigration benefits from USCIS.

USCIS and immigration agents receive specialized training on how to identify fraudulent marriages. Sham marriages are said to be entered into solely to be able to apply for a U.S. green card and neither party intends to live together or to form a life together in marriage. To identify sham marriages, the immigration officer will seek to establish inconsistencies in answers given by either party to the marriage. Supporting documentation provided in the initial I-129F filing will be scrutinized. Inadequate documentation can be a significant reason for having a K-1 visa denied.

When gathering evidence to support the K-1 visa application, there is a wide range of evidence you may want to provide to immigration officials to support the fact that you maintain a bona fide relationship. You can provide evidence that you and your partner live together and jointly own assets. You can also show that the two of you are jointly responsible for liabilities, such as outstanding debt. You can provide photographs documenting your relationship and the relationship your partner has with your friends and family. You can provide documentation of your communications such as letters, text message records, emails, and phone call records. Children are, of course, substantial proof that you are in a legitimate relationship and are creating a life together.

K-1 visa applications are also commonly denied when an applicant previously submitted an application for a K-1 visa. If a K-1 visa applicant previously filed for the same type of visa pursuant to a relationship with someone else, it will be met with a great deal of suspicion from USCIS. It can be an uphill battle at this point. In order to try and effectively address the suspicious circumstances surrounding the application, the K-1 visa applicant must be prepared to be both honest and direct in addressing it. An explanation that the previous relationship did not work out is a good starting point, but the application will still be subject to heightened scrutiny.

Immigration Law Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com