US Immigration News

Avoid Getting Your K-1 Visa Denied

3.25 minute read
"The K-1 Visa allows the engaged partner of a US citizen to travel to the United States to get married within 90 days of arrival. However, receiving the K-1 Visa is not as easy as it sounds."
Written by My Visa Source Team
Published on:  Sep 29, 2021
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The K-1 Visa allows the engaged partner of a US citizen to travel to the United States to get married within 90 days of arrival. However, receiving the K-1 Visa is not as easy as it sounds.

It is very common for a K-1 Visa application to get denied after a visa interview at the consulate office. This mostly happens due to incomplete documentation or defects in the application. Therefore, it is best to know and understand these mistakes to avoid them. 

What Are the Top Reasons for K-1 Visa Denial?

Not Having Enough Proof of Relationship: 

This is the most common reason for a K-1 Visa denial. Couples fail to provide enough evidence that their relationship is bona fide and not just a way to gain immigration benefits. Immigration officials are trained to ask questions and suspect the validity of your relationship. It is their job to detect fraudulent marriages where both parties enter the relationship simply to obtain a Green Card (the official name is Permanent Resident Card)

Therefore, it is best to provide enough supporting documents and information while filing the initial Form I-129F, Petition for Alien Fiancé(e) to avoid this. 

This evidence can include joint ownership of assets or liabilities, having children, photographs taken throughout the relationship with friends and family, constant communication in form of texts, messages, phone records, trips taken together, etc. The more information provided is better for your application. 

Being Previously Petitioned by Another US Citizen: 

This is a big red flag for immigration officials. If you have been previously petitioned for a K-1 Visa or any other type of visa by another US citizen, then the immigration official is bound to suspect your true intention of visiting the US. 

Your background will be dissected to determine whether you want to go to the US to reunite with your fiance for marriage or if your true intention is to gain a Green Card through spousal sponsorship (within family sponsorship). To avoid such a problem, it is best to disclose why that previous relationship did not work to clear any suspicions.

The US Citizen Petitioner is Unable to Meet Income Requirements to Sponsor their Fiance (e): 

K-1 Visas are also denied when the US citizen spouse is unable to meet the requirements for income level to financially support their partner’s stay in the US. As a part of applying for a K-1 Visa, the US citizen is required to sign Form I-134, Affidavit of Support that ensures the government that their partner will not become a public charge.

To avoid such a situation, it is best to ensure that you meet the income requirement and can provide enough evidence to support your financial ability.

K-1 Visa Beneficiary is Medically Inadmissible: 

In some situations, your K-1 Visa may get denied if it is determined that you have a certain infectious disease that is very communicable and can harm public health and safety. As a part of the process, you are required to pass a medical examination.

If the results show that you have a certain medical disease, then you will be deemed inadmissible until you have received medical treatment for it. Some of these diseases include:

  • Gonorrhea

  • Hansen’s Disease (Leprosy), infectious

  • Syphilis, infectious stage

  • Tuberculosis (TB), Active-Only a Class A TB diagnosis renders an applicant inadmissible to the United States. Under the current Centers for Disease Control and Prevention (CDC) guidelines, Class A TB means TB that is clinically active and communicable

Having a Criminal Record: 

It is also common for a K-1 Visa to get denied if the applicant has a criminal record involving a serious crime such as certain sexual offenses, child molestation, and crimes of moral turpitude.

This can deem the applicant to be criminally inadmissible to the US. A combination of misdemeanor offenses such as driving under the influence (DUI) and thefts will also lead to the denial of your visa application.

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