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Reasons a K-1 Fiancé(e) Visa Could Be Denied

Reasons a K-1 Fiancé(e) Visa Could Be Denied

PUBLISHED ON: August 19

K-1 fiancé visas are some of the most commonly requested visas for entry into the United States. A K-1 fiancé visa can be issued to a person who is engaged to a citizen of the U.S. so they can enter the country for 90 days with the intention of marrying a citizen of the country. After the foreign national has married a United States citizen, they can then apply to obtain a green card and become a lawful permanent resident.

Most applications for K-1 visas are approved, but that does not mean you should assume you will automatically receive one or carelessly or casually prepare your application. You must follow strict regulations, and there are many issues that can result in a denial.

Failing to Meet the Basic Requirements

There are many requirements foreign nationals must meet in order to obtain a K-1 fiancé visa. These are as follows:

  • Be engaged to a citizen of the United States and not a lawful permanent resident,
  • Submit proof that you have the intention to marry a United States citizen within the country,
  • Have met the citizen of the United States within the last two years, and
  • Be legally allowed to marry in the state where the wedding will take place.

Failing to meet the above requirements can make you ineligible for a K-1 visa

Failing to Meet Requirements for Any Type of Visa

There are times when foreign nationals are not eligible to obtain any type of visa. For example, individuals with specific communicable diseases that are of great public health significance, such as tuberculosis, are not allowed to enter the country. Other individuals who are ineligible for entry include people who are addicted to drugs, have a history of being involved in terrorist acts, and individuals who have been convicted of certain criminal acts.

Additionally, if a person is likely to become a public charge, they are not eligible to enter the country. A public charge is a person who is likely to rely on government benefits while they are in the United States.

Suspected Fraud

The immigration authorities in the United States are always looking for the possibility of fraud when someone applies for a K-1 visa. You must be able to prove that your relationship is legitimate and that you are not only marrying for the purpose of being able to enter the country. If the American citizen has applied for two or more K-1 visas previously, they must obtain a waiver that allows them to complete the K-1 visa application process. This will prove they are applying to continue a legitimate relationship and not for financial purposes.

Our Immigration Lawyer in Chicago Can Give You the Best Chance of Approval

At Sverdloff Law Group, our Chicago immigration lawyer can guide you through the process of obtaining a K-1 visa and give you the best chance of approval. Call us now or contact us online to schedule a consultation and learn more about how we can help.

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