How Difficult Is It to Get a K-1 Visa?

 Posted on October 25, 2023 in Immigration

The television network TLC has built quite a successful franchise with its reality show, “90 Day Fiancé.” In the series, camera crews follow couples who have applied for or received a K-1 visa and now have just 90 days to get married. While the network has an incredible 18 spinoffs of the original show and despite the entertainment value of those shows, the real reality is that the United States Citizenship and Immigration Services (USCIS) has stringent rules when it comes to issuing K-1 visas. The following are some of the common reasons why K-1 visas are denied. For more detailed information if you are having issues with your visa application, contact an Illinois immigration lawyer.

Reasons Why USCIS Deny K-1 Visas

The K-1 visa is also referred to as a fiancé(e) visa because it is issued to foreign nationals who are engaged to U.S. citizens and have plans to marry in this country. The following are some of the most common reasons why the visa could be denied:

• Incomplete or inaccurate documentation - One of the most common reasons for K-1 visa denials is the submission of incomplete or inaccurate documentation. This may include missing forms, unsigned affidavits, or incorrect translations of required documents.

• Insufficient proof of relationship - To qualify for a K-1 visa, the couple must provide substantial evidence of a genuine and actual relationship. If the consular officer reviewing the case believes that the relationship is not authentic, the visa may be denied.

• Criminal background - An applicant with a criminal history, especially if it involves certain serious offenses such as drug trafficking or violent crimes, may be deemed ineligible for a visa.

• Inadequate financial support - The U.S. citizen sponsor must demonstrate that they can financially support their fiancé(e) when they arrive in the United States. If the petitioner does not meet the income requirements, the visa may be denied.

• Prior immigration violations - If the foreign fiancé(e) has previously violated U.S. immigration laws, such as overstaying a visa or being deported, this can negatively impact their eligibility for a K-1 visa.

• Fraudulent intent - Consular officers are trained to detect potential fraud in visa applications. Any suspicion of fraudulent intent, such as a sham marriage solely for immigration benefits, can result in a visa denial.

• Ineligibility of the U.S. citizen petitioner - If the U.S. citizen sponsor does not meet the legal requirements to petition for a K-1 visa, the visa may be denied. For example, if the sponsor is still legally married to someone else, the visa would be denied.

Contact an Illinois Immigration Attorney

If you are trying to get your fiancé(e) a K-1 visa and are running into issues, contact a skilled Illinois K-1 visa lawyer from Mevorah & Giglio Law Offices for legal assistance. Call 630-932-9100 to schedule a free consultation and find out how our immigration law firm can help.