K1 visa

A K1 visa which is also known to many as a fiancé visa or K1 fiancée visa is a card that will permit somebody intending to marry an American citizen to move to the United States and eventually can obtain a permanent green card and may live as a legal resident in the United States. A K1 visa allows fiancee to enter the country only just once and if they leave the country before marrying then they may not be authorized into the United States without a new visa. 

There is no definitive data to suggest the reasons that marriage-based immigrant visa petitions and K1 fiancée visa petitions have a higher rate of denial. As we all know the fiancée visa process is a very detailed and complicated process and if not prepared correctly and discreetly looked into, you can expect long delays of your petition. 

A K1 visa petition can be “not approved” but not “denied”. This is so because both the US Citizenship and Immigration Services or most commonly known as USCIS and the Consulates rarely turn down a K1 visa petition or application request if the requirements are properly met. It has been noted that neither the USCIS nor the U.S. consular officers want to jeopardize taking the political heat which could result from their rejection of an immigrant petition. Only if given chance as to finding an excuse to return petitions for correction or investigation that they do so because it is within their rights and not subject to ridicule, and because it is their duty to find problems and return cases if needed. 

One common reason for denial of a K1 fiancé visa or marriage based immigrant visa petition is that the consular official doubt the marriage or fiancé/ fiancée relationship to be legitimate. Because there has been a very comparative towering instance of deception in these types of visa petitions so the cases are more carefully dissected. It is known to many that K1 applications are subject to the same review principles as immigrant visa applications. With the following as main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of petition-able relationship; misrepresentation of facts, medical and criminal grounds. Insufficient income or savings of the U.S. citizen sponsoring the petition is also a very big reason of denial. Another thing is when the U.S. citizen has previously sponsored a foreign national for a green card and when the U.S. citizen can’t prove that the foreign citizen maintained lawful status. Same thing is when a petition includes a document that is deemed to be fraudulent. A great difference in the age between the couple can cause concern though there is no specific age limitation or that the couple hasn’t spent enough time together in person and couple lacks sufficient evidence of recent day-to-day contact. With regards to the fiancée on the other hand, a poor English skills is often seen as one reason for denial. Interviews with the fiancée was poor and that the consul doubts a bona fide relationship with the U.S. citizen or the fiancée was previously in the U.S. and overstayed the visa or has a criminal record or has a serious, contagious illness (such as AIDS, tuberculosis, etc.). It has also been noted to be a reason for denial when the Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer) and when fiancée’s relatives or friends in the U.S. have been renowned to be taking too large a role in match-making.
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