¿What to do if your K1 visa petition is rejected?

A K1 visa , also called a fiancé visa , is a type of nonimmigrant visa that allows a foreign citizen to enter the United States and marry his or her fiancé, who is a U.S. citizen, for a period of 90 days. There are several reasons why a K1 visa petition may be denied, and there are options available to the couple if the petition is denied.

¿Why can a K1 visa petition be denied?

The reason your K1 visa application was denied may dictate the best steps to take to ensure that you can enter the United States to marry and live with your fiancé. There are several reasons why a consular may deny a K1 visa application, including, but not limited to:

• The petitioner does not meet the necessary requirements.
• The foreigner does not meet the necessary requirements.
• The relationship seems suspicious or fraudulent.
• The US citizen does not meet the necessary income requirements.
• The couple has not seen each other in the last two years.

Both the U.S. citizen and foreign citizen must be currently unmarried and in good standing with the United States Citizenship and Immigration Services (USCIS). If the relationship appears fraudulent, meaning that the consular office believes that the marriage is simply a way for the foreign citizen to obtain permanent residency, then the petition may also be denied. There are also income requirements that must be met, and the couple must have met personally within the last two years.

¿What are my options if my K1 visa petition is denied?

There are three main alternatives you can choose from if you are denied the K1 visa, which can still serve as a route for you and your spouse to live together permanently in the United States. These three alternatives are to request an appeal, reapply for a K1 visa, or get married in another country and apply for a CR1 visa .

Review decision

After the USCIS consulate decision is issued, applicants have 33 days to file an appeal. The person who has been rejected may appeal the ruling using Form I-290B, notice of appeal, or petition. The fee to file the appeal form is $630, regardless of the outcome of the appeal. An appeal is a very attractive idea if you believe that the decision was based on erroneous or incomplete information that you can clarify or modify, and that could change the outcome of the consular decision.

Apply for a K1 visa again

Another alternative that many applicants use is to reapply for the K1 visa. This could be the best option if mistakes are made during the K1 visa application process that can be corrected during a subsequent application. However, it is crucial to understand that the original decision will be considered during the second K1 visa application, so you should only reapply if the reason you were rejected was deemed suitable for a second application.

Getting married in another country and applying for a CR1 visa

Another alternative that is most frequently given to couples who have had their K1 visa application rejected is the CR1 visa. With this visa, the spouse of a US citizen can reside in the United States permanently by obtaining a permanent resident card . However, the most common way to obtain the K-1 visa after the application is rejected is to legally marry her partner in another country. This is seen as a way to avoid having to prove to the consular office that you and your spouse are committed to being married; the risk of fraud is believed to be lower with a CR1 visa than with a K1.

¿How to reduce the risk of a K1 visa petition being rejected?

The first thing you should do to reduce the danger of your K1 visa application being rejected is to ensure that you and your fiancée meet all the requirements for the visa. The next step is to complete the longest petition possible that demonstrates the importance of the relationship and desire for marriage between you and your fiancée.

After having submitted the K1 visa application, the couple will need to prepare for the K1 visa interview. It is crucial to discuss any question with your spouse to avoid contradictions; Wrong answers can occur even in couples who are considered legitimate in the field of their relationship. It is clear that the best way to prepare is to work directly with an experienced immigration attorney.

Pride Immigration can guide you through the K1 visa process

Pride Immigration has a team of attorneys who can advise you during the K1 visa process for immigrants marrying US or Canadian citizens. Whatever your intention is to apply for a K1 visa for the first time or if you have been rejected, call our advisory team and ask for guidance on your next steps at (571) 520-6116.