The K-1 visa (known as the fiancé visa) is one of the most commonly requested types of non-immigrant visa. It is for engaged couples who plan to marry within 90 days of entering the United States. While we have already explained who qualifies for a K-1 visa, we have not discussed what happens if the consular doing the interview denies entry.
The most common reasons for denial
There are a variety of reasons why a consular denies the visa petition, but the most common are:
- The petitioner does not meet the requirements.
- The fiancé does not meet the requirements.
- The relationship appears fraudulent.
- The citizen does not meet the income qualifications.
- The couple is already married.
- One or both are not in good standing with the USCIS.
The couple has three options
Their main options for resolving the initial denial of the K-1 are:
- Appeal: Sometimes, interviews do not go well because people are nervous. There also may be inaccurate or incomplete information that needs clarification. Once notified of the denial, applicants have 33 days to appeal the decision using a Form I-290B. There is an additional cost for the appeal.
- Reapply: Sometimes, it is better to start over from the beginning, doing it correctly and eliminating errors, but the consular will still take the initial denial into account.
- Marriage: The couple can get married abroad and then apply for an IR1 or CR1 visa. Doing this can dispel questions about the relationship’s validity.
Do not make assumptions
Many engaged couples will assume that their commitment to each other is clear to everyone. Instead, it is better to work with family immigration professionals who can help identify potential roadblocks and address these issues before filing the paperwork. It can make the application process less stressful and more successful.