When it comes to relationships, love knows no bounds. Even countries can’t stop their citizens from marrying people from other nationalities. However, there are strict guidelines that need to be followed to ensure that a country’s well being is protected.
These guidelines are also there to make sure that both parties(the petitioner and alien) are in no form of being abused or taken advantage. Some of these guidelines can be difficult to follow, but it doesn’t mean they’re impossible.
When both you and your fiance follow the laws set by a country, in this case, the United States, you can be sure that both of you will be happily married soon. As mentioned earlier, following these rules can make your petition easier to approve. However, it’s not all that easy. To answer your question, Yes. A K1 Fiance can get denied.
In this article are common reasons why K1 fiance visas get denied. You’ll also get to read on some essential tips and information on how to prevent being denied the next time you apply. Here are some of the reasons why a K1 fiance visa can be rejected:
Criminal History
Although having a criminal record doesn’t automatically get your petition denied, certain crimes can warrant a rejection of your request. According to the Adam Walsh Act of 2006, crimes which violate minors are disqualifying convictions.
The rules under this act make it impossible for any convicted felon of such offenses to petition anyone, even if they aren’t children. Your fiance should also be clean of any charges back home.
How to avoid this problem:
As mentioned earlier, criminal records won’t get your petition automatically rejected. A DUI or a bar brawl without anyone dying isn’t enough to get your request trashed. However, it’s always a plus if you don’t withhold any information to your agent during interviews.
If you withhold any information, this may alert agents. They might think that you’re trying to hide something from them. It’s also best if your fiance knows about your past criminal record if you do have one. If you don’t tell your fiance, it’s up to the USCIS to tell your fiance. You wouldn’t want the government of having to break the news to your fiance.
Again, this applies to both you and your fiance. For your fiance, it’s better to disclose any cases he or she might have to the authorities before doing any petitions. If by any chance that you make it through immigration, a review of your records can often lead to in-depth background checks.
If they found out that you or your fiance was lying, it would be grounds for a fine, an arrest, and possible deportation.
Previous Violations of Visa terms
If your fiancé has violated the terms of their visa in the past, then USCIS or the United States Citizenship and Immigration Services can cancel your petition. These penalties come with massive implications.
An example would be overstaying. If your fiance stayed in the U.S. more than what was stated in their papers, immigration could issue an order that can prevent your fiance from getting another visa for an additional three years.
How to avoid this problem:
Be sure to stick with the requirements and stipulations on your visas. Exceeding more than 180 days on your fiance’s visa can merit the punishment mentioned above. It’s good for your fiance to follow laws and state ordinances for the duration of their stay in the country.
Financially Unable
It’s a definite requirement that a petitioner should be able to support his or her fiance financially. A petitioner should convince the USCIS that they can make ends meet. The U.S. government expects from petitioners that they can pay back the government in case their fiance will be able to avail of government benefits.
How to avoid this problem:
You should be able to see the poverty guidelines published by the U.S. Department of Health and Human Services. As a petitioner, you should be able to pay your taxes and be 100% above the federal poverty level. In case you don’t have enough funds, don’t worry. You can get a sponsor to help you with your financial situation.
You haven’t seen each other for the past two years
Since the USCIS is about protecting both the petitioner and the fiance, they will often ask for proof of your relationship. Being childhood friends or knowing each other before isn’t allowed. Skype and video calls aren’t counted either.
One of the factors that the USCIS for approving your petition is for you and your fiance to prove that you’ve seen each other within the past two years. If you can’t provide any proof, agents will think of this as suspicious and will automatically reject your petition.
How to avoid this problem:
Don’t lie. If you haven’t seen each other within the past two years, then this could be a problem. However, if you’re truthful about your relationship, you can easily show proof to your agents about your relationship. Plane tickets, photographs of you and your fiance together, the places you’ve been through, receipts, etc. are all essential documents to present.
Be wary of questions from your agents. Both you and your fiance should know about important dates. These dates could be both your birthdays and your anniversary. There are also questions like when and how did you meet with your fiance. If you know all of these answers, then you don’t have to worry about anything.
Takeaway
Can K1 fiance visas get denied? The simple answer is yes. Certain situations can get your petitions and visas denied. Violating any prior visa stipulations, withholding information, and not having the intent to marry within 90 days, are reasons why your visas can get rejected.
However, don’t lose hope. There are also lots of ways to prevent these problems from getting worse. Just be truthful, present any substantial supporting documents, and you and your fiance will soon be getting married on U.S. soil.
