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why would a fiance visa be denied

by Paige Ebert Published 3 years ago Updated 2 years ago
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Reasons for Having a Fiancé (e) Visa Denied or Rejected

  • Insufficient Evidence of a Genuine Relationship. ...
  • Insufficient Evidence that You Have Met In Person. ...
  • Failure to Meet Income Requirements for K-1 Visa Sponsor. ...
  • Failure to Demonstrate Readiness to Marry in 90 Days. ...
  • Not Legally Eligible to Marry Each Other. ...
  • Filing K-1 Visa after Recently Divorced. ...
  • Secretive Relationship. ...
  • Contradictions. ...

More items...

Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.Apr 19, 2021

Full Answer

Did your fiancé (e) visa get denied?

The K-1 class explicitly is for a fiancé (e) to join his or her partner in the United States. Have you experienced a fiancé (e) visa denial? If so, it could have been denied for many different reasons. It is important to know how to address issues specific to your case.

What are the reasons for denial of marriage visa?

One person is still married and not divorced No proof of bona fide or legitimate relationship Unable to prove “intent to marry” Incorrect or missing translationdocuments The U.S. citizen sponsor has insufficient income or assets  Applicant has a criminal record Applicant has a communicable disease  Facts are misrepresented at the visa interview

Why was my fiancé or spouse’s immigration petition denied?

-If you are unable to financially support your foreign-born fiancé or spouse upon their arrival into the United States, your petition will be denied. However, the government is generous in setting the bar low for allowable incomes and circumstances. -You (or your foreign-born fiancé or spouse) have past resolved or unresolved criminal issues.

Do fiancé visas have a high approval rate?

Make Progress Today Although fiancé visas typically have a high approval rate, there are certain factors that carry a higher chance of denial. RapidVisa has an excellent record of avoiding denials. If you’re thinking about going it alone, consider these factors that could get you denied, and let us lower your chances.

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How often do fiancé visas get denied?

According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants. And while eventually many of them are able to overcome the initial denial, some do not.

Why do fiancé visas get denied?

There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.

What percentage of fiancé visas are approved?

In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent. The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.

How hard is it to get a fiancé visa approved?

It's true: most people who apply for a K-1 visa are successful. In fact, according to statistical reports published by U.S. Citizenship and Immigration Services (USCIS), about 74% of fiancé(e) visas were approved in 2020.

How long does a fiancé visa take 2022?

approximately 9 to 12 monthsHow long does a fiance visa take? As of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F).

How long does it take for a fiancé visa to be approved?

7 monthsThe processing time for a K-1 fiancé visa application currently averages 7 months. Note this does not include the time from when your application is approved to your interview date, which differs based on the country you're applying from.

Which is faster fiancé visa or spouse?

Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.

Does US Embassy do background check for K-1 visa?

DOS notifies the U.S. citizen petitioner when it is time for the foreign fiancé or fiancée to apply for the K-1 visa. DOS conducts background checks, including fingerprint checks, on the K-1 visa applicant (the foreign fiancé or fiancée).

How much money do you have to make to sponsor a K-1 visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...

Do you have to be engaged to apply for a fiancé visa?

Do you have to be engaged to apply for a K-1 fiancé visa? Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance's arrival in the US.

Can you get a fiancé visa without meeting?

You Must Meet Two-Year Meeting Requirement Prior to Filing Fiancé(e) Visa Application. During the two years before you file the Form I-129F Petition for Alien Fiancé(e), you must meet your fiancé(e) in person. Keep a close eye on the calendar.

How hard is K-1 visa interview?

You may have around 89 questions available – but the chances are that they will only ask about 15-30 of them. Still, bear in mind that this interview is not an interrogation – but a chance for the consular to get to know you better and confirm the validity of your relationship.

How much money do you have to make to sponsor a K-1 visa?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé(e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor ...

Which is faster fiancé or marriage visa?

If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.

Do you have to be engaged to apply for a fiancé visa?

Do you have to be engaged to apply for a K-1 fiancé visa? Yes! To qualify for a K-1 visa, the US citizen and their partner must be engaged. As part of the application, each partner must submit evidence confirming their intent to marry after the K-1 fiance's arrival in the US.

Why is my wife's visa denied?

Here are 15 reasons that could result in your spouse or fiancé visa getting denied. Missing documents. Missing supporting evidence. Incorrect or outdated forms. Missing signatures on forms. One person is still married and not divorced. No proof of bona fide or legitimate relationship. Unable to prove “intent to marry”.

Is immigration outdated?

Immigration is constantly changing, and old information often becomes outdated, including procedures, time lines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete.

Is Rapidvisa a law firm?

No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

Can a fiancé get a visa?

Although fiancé visas typically have a high approval rate, there are certain factors that carry a higher chance of denial. RapidVisa has an excellent record of avoiding denials. If you’re thinking about going it alone, consider these factors that could get you denied, and let us lower your chances. Learn more about K1 visa.

Why is my fiancé visa denied?

Your fiancé (e) visa may be denied at the interview because of an unconvinced consular officer. Not convincing the consular officer of the legitimacy of your relationship is a major contributor to visa rejections. It may even be better to get married and then apply for a spouse visa.

What happens if my fiancé visa fails?

During the first stage, your petition will be looked over to ensure that all of your information is there and that the necessary documents filed and the fees are correct. If your petition fails this stage, it will probably be “rejected”.

How many K-1 visas were reversed in 2017?

US Department of State stats show that in 2017, 60% of refusals were reversed. This was only when objections were overcome or waivers were obtained. This puts the final refusal rate from the overall number of applications for a non-immigrant category K-1 visa at around 15%. However, most reversals are on an unspecified number of objections. There is no clear list of violations that are given for the K-1 visa category.

What is a K visa?

A K-class visa is a non-immigrant visa category. It is widely used for a loved one of a US citizen to join them in the United States. The K-1 class explicitly is for a fiancé (e) to join his or her partner in the United States. Have you experienced a fiancé (e) visa denial? If so, it could have been denied for many different reasons. It is important to know how to address issues specific to your case.

Why is a non-immigrant visa denied?

This list is very general in nature. However, it must be noted that documentation-related administrative mistakes or missed deadlines can easily result in denial. Always ensure that your documentation is in order. Also, consult an immigration adviser to look out for dependencies overall.

What happens if you have no friends or relatives?

If no friends or relatives are aware of or involved in your relationship, this may also arouse suspicion from the immigration officers. Most bona fide relationships that lead to marriage usually include their family, friends, and/or colleagues at work. If there is no evidence that other people were a part of your relationship, you may run into issues.

Can you meet in person with USCIS?

However, in case it is extremely difficult or impossible for the two of you to meet in person, you may request a waiver for this requirement. The USCIS may grant a waiver on two conditions:

1- What grounds are considered when refusing the visa?

The most common reason why a Fiancé Visa request may be denied is that the application was incorrectly done.

2- Do not forget that you only have 90 days

If you or your partner get the K1 visa, you must marry within the next 90 days.

What Reasons Would Get a K-1 Visa Denied?

Here are some of the most common denial reasons we see out there. Reasons for potential denials are generally laid out in the Immigration & Nationality Act of 1952. These are the most common reasons we see, and are based only on our experience.

How to avoid bona fide?

The best way to avoid the 'bona fide' issue is to legitimately have a relationship. Also, keep good evidence during your engagement period, take pictures, get to know your fiance, build a great petition (use RapidVisa - we have a 99.7% approval rating), and have a great interview.

What is an inadmissible alien?

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. - § 212 (a) (6) (C) (i) of the Immigration and Nationality Act

What are some examples of fraud?

Here are some examples we've seen of fraud and misrepresentation: 1 Photoshopping or fake photos 2 Falsified affidavits from friends and family 3 Inconsistencies between application and evidence 4 Applying for the wrong type of visa to intentionally circumvent the immigration process 5 Not disclosing medical or criminal history 6 Falsifying income

Is immigration outdated?

Immigration is constantly changing, and old information often becomes outdated, including procedures, time lines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete.

Is it arbitrary to decide if a relationship is legitimate?

Determining whether or not your relationship is legitimate is almost completely arbitrary, and based on the consular officer you get. Sometimes, whether or not your relationship is real or not, there are subtle biases an officer may have.

Is Rapidvisa a law firm?

No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

Why would a visa be denied to a fiancé?

One of the most common reasons for rejecting or denying a fiancé(e) visa application is a suspicious relationship. For example, not having a common language, a short dating time before becoming engaged, a significant age difference, or practicing different religions could raise red flags.

What happens if you never meet your future spouse?

If you have never met your future spouse in person at least once in the previous two years, this could also raise a red flag. You will typically need to provide evidence of meetings to convince the immigration officer that the relationship is genuine (or prove that such arrangements would violate strong cultural or religious norms).

Why is my fiance's visa denied?

Below are the top 10 reasons fiance visa cases are denied. Reason 1. Your fiancé has violated the terms of his or her U.S. visa in the past. Overstaying a U.S. visa by more than 180 days for example can cause your fiancé to not be able ...

What to do if you believe you have a reason to lie in your case?

If you believe you have a reason to lie in your case speak to an immigration attorney. Many times, things that you believe will cause you problems in your case , are not big problems and can be corrected. Reason 8.

Is a divorce finalized?

There are plenty of people who believe that they are legally divorced, when, in fact, their divorce has not been finalized. If you are unsure if your divorce is final you should consult with a family law attorney in the state where your divorce was filed.

Does Attorney Gruner consult with fiance?

There is no charge for Attorney Gruner to consult with you on your fiance visa case. The information above is general in nature and does not take the place of a consultation with an immigration attorney. Laws can and do change.

Can a fiance get a visa if they are divorced?

A fiance visa case will be denied if it is filed before you are legally divorced. Prior to filing you should make absolutely sure that all previous marriages, for both parties, are completely terminated. This means that all prior marriages have terminated either by death, divorce, or annulment.

Do you have to show 100% of poverty level for a visa?

The U.S. Citizen must show the U.S. government that he or she makes 100% of the federal poverty level, for his or her new family size, for a fiancé visa case. This is because the U.S. Citizen and any co-sponsor (if allowed) will likely be paying the U.S. government back in case your fiancé gets government benefits.

Is a fiance visa approved?

Unfortunately, as of the beginning of 2019, due to the current stance on immigration, nationwide, fiance visa cases are only being approved 50% of the time. Happily, our office has almost a 100% approval rate for fiance visas. You should keep the following things in mind if you want to improve your chances of your case being approved.

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