The K-1 Engage Visa allows foreign nationals to enter the United States for the purpose of marrying a United States citizen. Some of the fiancé’s visa petitions, however, were rejected. As a result, it is not uncommon to see one of the parties simply giving up due to fatigue and delays in the process. The most common reasons for rejection are:
Mistakes: If the applicant or fiancé makes a false statement or knows or should have known that misinformation was provided in the visa process, from the initial filing of the petition to the consular interview, the petition may be rejected. An innocent failure to provide sufficient information can be appealed or cured by filing another petition.
Insufficient Documentation or Information: When an applicant or fiancé is notified that they have not provided adequate documentation or information, completing the petition may result in a time limit that may not be met. This problem often arises in the context of previous marriages. Failure to provide satisfactory evidence of divorce, annulment or death of the ex-spouse may delay or result in the rejection of the Fiance Application.
Criminal Punishment: A fiancé’s petition may be rejected if the fiancé has been convicted of a crime involving moral offenses, drug possession or trafficking or prostitution. Moral depravity can be loosely defined as depraved and vile behavior as opposed to honest and moral behavior. The fiancé must also not commit immigration violations. On the part of the applicant, the International Marriage Intermediary Regulations Act (IMBRA) should be considered. Non-compliance with IMBRA may also result in the rejection of the petition.
Inadequate Relationship: Applicant and fiancé must prove that they have met in person in the last 2 years and have developed a serious relationship with a genuine intention to marry. Evidence can be provided in the form of airline boarding passes, hotel receipts, telephone records, passport stamps and recent photos of the applicant and his/her joint fiancé. Applicants are encouraged to freely supplement their petitions with such evidence.
Medical Issues: Fiancees are required to undergo extensive medical examinations, especially for infectious diseases such as tuberculosis. The application can be refused if the fiancé carries a sexually transmitted disease or disease. Severe mental disorders can also be a cause of rejection as well as severe non-communicable physical disorders.
Applicant’s Income: The applicant must demonstrate an income of at least 25% above the poverty level set by Congress each year. The intent of this requirement is the concern that the fiancé will not become a public burden in the future. If the applicant is initially unable to cross this threshold, additional or new tax returns may be required.
And Finally the Interview: Preparation of the fiancé for the consular interview is very important. They must be clean and tidy, be ready to answer questions about their relationship with the applicant and have complete and complete documentation to complete their answers to questions to dispel any doubts about a fake marriage. A well-prepared and well-documented petition will result in shorter interviews and fewer questions, but preparation for questions is again very important. The inability to answer simple questions can bring a fiancé’s credibility into trouble, leading to rejection.
Assuming the parties are ready, honest, sincere, know each other well and genuinely want to get married, experience tells us that the interview questions will be fairly simple. As I tell my clients, all you have to do is tell the truth. That is the easiest thing to remember.
It is wise to seek the assistance of an experienced immigration attorney when starting the K-1 Visa process.
This article is for informational purposes only and should not be construed as creating a lawyer/client relationship.
