Top 6 Mistakes Made During the K1 Visa Process

The K1 visa process involves several steps and requires the US citizen and his or her fiancé to provide detailed and honest information about their relationship and marriage plans.

The 6 most common mistakes made during the K1 visa process

The most common mistakes made during the K1 visa process are errors and omissions with the I-129F form, failure to apply honest answers, failure to comply with IMBRA laws, failure to meet eligibility requirements , lack of interview preparation , and pass the 90th – deadline for marriage after receiving the K1 visa.

Minor errors and omissions with Form I-129F

Form I-129F, which is a form requesting a civil union between a U.S. citizen and an alien, is filed by a U.S. citizen in order for his fiancée to move to the United States so they can get married. The recipient is the foreigner who receives a 90-day visa to enter the US with the objective of getting married and thus obtaining permanent residence.

Minor hiccups with your I-129F form can delay or deny your petition; in practice, petitions are denied because the form was not signed. It is crucial to examine each part of the application individually and ensure that each part is completed correctly. Your answers should be specific and sincere. If you are still not sure whether you have completed the I-129F application correctly, call an immigration legal advisor for help.

Not providing exact and sincere answers.

One of the most frequent causes of rejection of K1 visa applications is the lack of consistency or sincerity in the answers. It is crucial to stay completely open when completing Form I-129F. Be sure to read the prompts carefully and make sure you understand each question before answering.

Not having respected IMBRA guidelines

The International Marriage Brokers Regulation Act (IMBRA) prohibits arranged marriages to protect immigrants and American citizens from disastrous consequences. The law states:

• People under 18 cannot be ‘marketed’.
• The international marriage broker must conduct a background check on the American applicant.
• All crimes committed by either party must be reported on Form I-129F.
• There is a limit on the number of petitions a U.S. citizen can file for his or her fiancé (foreigner).

If there are IMBRA issues in the petition, it will likely be dismissed.

Failure to meet K1 visa eligibility standards

All K1 visa applicants must provide evidence that they meet the eligibility standards set by the United States Citizenship and Immigration Services (USCIS). In order for the foreign national to be granted a K1 visa to enter the country and marry her fiancé, who is a US citizen, the couple must meet the following criteria:

• They must have met in person at least once in the last two years.
• They intend to marry within 90 days of entering the US.
• To be able to get married in the state where the wedding will take place.
• You have an honest and good faith relationship that led to the commitment.
• Fiancé applicant must be a US citizen (not legal permanent resident).

Applicants who meet the eligibility standards but do not provide adequate evidence of their eligibility during the K1 visa process still risk having their petition delayed or denied.

Lack of preparation for the K1 visa interview

The purpose of the K1 visa interview is to ensure that the couple meets all eligibility requirements, such as a bona fide relationship and the intention to marry immediately after the foreign national enters the country. The K1 visa interview may seem intimidating, but you can ensure you feel confident and do well by preparing properly beforehand.

During the interview, USCIS and consular officials look for signs of marriage fraud. Common problems include lack of a common language spoken between the two, a short commitment period, a large age difference , different cultural beliefs, and more. Of course, these concerns in and of themselves do not lead to a denial of a K1 visa, but rather ensuring that you have an appropriate response to any red flags.

Exceeding the 90-day deadline after receiving a K1 visa

Last but not least, the couple has up to 90 days from the beneficiary’s entry into the country to celebrate the wedding. If you do not marry within this 90 day period, the foreign national may have to return to your country as the K1 visa will have expired.

Talk to the Immigration Lawyers at Pride Immigration

If you need help with your K1 visa application or would like a consultation to discuss how an immigration attorney from Pride Immigration can help you, contact our experienced and professional team today.