Your future marriage plans may seem to be severely damaged if your fiancé(e) visa application is rejected or denied for whatever reason. The K-1 visa enables your spouse to remain with you in the country after the wedding in accordance with immigration regulations. Sadly, hundreds of fiancé(e) visa applications are turned down or denied annually.
Knowing the typical justifications for a K-1 visa denial or rejection can frequently help ensure that your application is approved and that your partner may accompany you. It is crucial to speak with knowledgeable immigration lawyers if you have a K-1 visa denied or rejected.
Immigration regulations vary greatly, and many people have particular situations. Please continue reading to learn why fiancé(e) visa rejections or denials occur if you intend to wed a non-citizen of the United States.
Common Reasons for Denying or Rejecting K-1 Fiancé(e) Visas
Immigration rules aid in ensuring that anyone desiring to reside in the U.S. has a good justification for doing so. Applications for K-1 visas may be denied or rejected for a variety of reasons, including a suspect relationship, ineligibility to marry, a lack of money, or no plans to get married within 90 days.
Naturally, fraudulent applications also lead to a fiancé(e) visa denial or refusal. The reasons why the United States Citizenship and Immigration Services (USCIS) rejects or denies K-1 visa applications are further explained here.
Inadequate Proof of a True Relationship
Suspicious relationships are among the most frequent justifications for denying or rejecting a fiancé(e) visa application. Red flags might be raised by, for instance, not speaking the same language, getting engaged quickly, having a big age gap, or following different religions.
Another red signal would be if you haven’t personally interacted with your future spouse at least once in the past two years. In order to convince the immigration officer that the connection is sincere, you will often need to show documentation of meetings or prove that such arrangements would violate strong religious or cultural norms.
Missing the Income Threshold as a K-1 Visa Sponsor
If you do not make enough money to support your future spouse, your K-1 visa application may be rejected or denied.
You must be capable of supporting your foreign fiancé(e) and any dependent children according to immigration laws. Income that meets at least 100% of the HSS Poverty Guidelines is the minimal criteria. You must fill out and submit an affidavit form testifying that you have the financial resources to support your household, according to the USCIS website.
Failure to Show You Are Ready to Wed in 90 Days
If you are unable to demonstrate that you intend to wed your intended spouse within 90 days of her/his arrival in the United States, immigration authorities may reject or deny your application for a fiancé(e) visa. You must first declare in writing that you intend to get married within three months.
It is a good idea to include supporting documentation with your application, such as printed wedding invites, receipts, reservations for wedding-related events, and other papers. It is not always possible to get married within 90 days. In this situation, an immigration attorney can assist in obtaining the required paperwork for a waiver.
Unable to Marry One Another Legally
Your K-1 visa application will be declined if you or your fiancé(e) are still legally wed to someone else. As a result, if any of you has previously been married, you must present official evidence attesting to the divorce, annulment, or death of the previous spouse(s).
A common situation that casts doubt on the veracity of the connection in a fiancé(e) visa application is a covert relationship. Typically, your relationship would be known to friends, family, or coworkers.
Therefore, you can demonstrate that you have a genuine relationship by including copies of photographs in your application showcasing you and your future spouse with other people that you know (such as at holiday gatherings or family events) or by including statements from such people attesting to and outlining their knowledge of the relationship.
Other Grounds for Refusal of a K-1 Visa
There are more reasons for rejection or denial of a K-1 fiancé(e) visa in addition to the five listed above that are crucial to be aware of, such as:
- Having a criminal record or failing to disclose information regarding prior convictions
- Having certain health issues
- Missing USCIS deadlines or appointments
- Making incoherent claims in your application or interview, or otherwise not coming across as credible to the USCIS inspector
Contact Pride Immigration Today
Pride Immigration is here to shed some much-needed light on the subject of immigration law and to inform you of the tools available to you. Contact our team of experts right away if you have any questions or concerns about the potential causes of your K-1 visa’s rejection or if you just want to find out how to prevent it from happening.
Beeraj Patel, Esq.
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