The K-1 visa permits a US citizen to bring a foreign fiancé to the United States to marry him or her. If the couple does not marry within 90 days from the fiancé’s entry into the United States, the K-1 status nonimmigrant classification automatically expires.
In this article, you will have a full overview of the most common reasons behind K-1 visa denials.
Why Would a Fiancé Visa be Denied? – Taking a Closer Look
Failure to Provide Sufficient Evidence of a Bona Fide Relationship
The United States Citizenship and Immigration Services (USCIS) has specific requirements for K-1 visa petitioners. One of the key elements of obtaining USCIS approval is proving the couple has a bona fide relationship.
It is not unusual to find individuals who try to deceive US immigration officials by pretending to be in a relationship. Suspicious elements that may raise red flags during the application process include:
- Lack of a common language
- Short-dating time before the couple’s engagement
- A significant difference in age between the partners
- Different religions
Also, if a petitioner did not meet his or her future spouse in person at least one time in the previous two years, USCIS will likely be suspicious about the couple’s petition.
Failure to Meet Basic USCIS Requirements
Failing to attend USCIS appointments, meet established deadlines, and contradictory statements involved in the application’s paperwork and interview may increase the chances of denial significantly.
Another reason for K-1 visa denials is the US petitioner’s failure to meet the basic income requirements established by USCIS. If a US spouse does not have sufficient money to provide for his or her future foreign spouse, USCIS may deny or reject one’s application.
The minimum amount of income required is at least 100 percent of the HSS Poverty Guidelines. If the US petitioner failures to provide a signed affidavit attesting there is sufficient money to provide for a foreign spouse, USCIS will not approve the petition.
Failure to Marry Within 90 Days After the Fiancé’s Arrival in the United States
The US petitioner must sign a statement of the couple’s intention to marry within three months as part of the application. Additionally, the petitioner should provide supporting evidence, such as:
- Printed wedding invitations featuring the ceremony’s date
- Dated receipts
- Wedding-related event bookings
If the couple cannot marry within the 90-day period established by USCIS, they must consult with an expert attorney to file for a waiver.
No Legal Eligibility for the Marriage
If one of the future spouses is not legally able to enter the marriage, USCIS will deny or reject the K-1 application. Persons who are legally married cannot apply for a K-2 visa to marry a new spouse.
In case one of the applicants was married in the past, it is fundamental to provide supporting evidence of the termination of the prior marriage, such as divorce decrees, annulment papers, or death certificates. Other common reasons that result in K-1 application denials include:
- One of the partner’s criminal record
- Failure to provide information about previous criminal convictions
- Specific medical conditions
- The existence of a secretive relationship involving one of the partners