What Can I Do if I Am Denied a Fiancé Visa?

 Posted on September 26, 2024 in family-based immigration

A foreign national who intends to marry a U.S. citizen may be eligible to apply for a K-1 fiancé visa. This visa allows foreign citizens to enter the United States and marry the U.S. citizen sponsor within 90 days. If the marriage occurs, the foreign citizen can apply for lawful permanent resident (LPR) status, otherwise known as a green card.

Fiancé visas are a great way to start the immigration process and become a resident of the United States. However, the application process for a K-1 visa follows strict procedures aimed at weeding out fraud. Sometimes, the U.S. government denies fiancé visas to applicants who are in perfectly legitimate relationships with American citizens because there appear to be red flags, incomplete documentation, or other reasons. This article will discuss those reasons and what you can do if you are denied a K-1 fiancé visa. If your visa application is rejected, contact a Texas immigration attorney who can walk you through your options.

Why Would I Be Denied a K-1 Fiancé Visa?

A consular officer at the U.S. embassy in your country may reject your fiancé visa application for a number of reasons, including:

• Incomplete documentation: Aside from submitting Form DS-160, you also must provide a valid passport, birth certificate, proof of financial support, a police certificate from your home country showing any criminal record, proof of your relationship with your fiancé, and more. If any of these documents are missing, or if you fail to provide enough evidence of your relationship, your application may be denied.

• Failure to meet your fiancé: One of the requirements for receiving a fiancé visa is that you and your betrothed must have met in person at least once within the last two years. If you cannot provide evidence of this, your request for a visa may be rejected. Certain exceptions can be made, like if meeting before marriage would run contrary to religious customs.

• Red flags: Even though the relationship may be totally legitimate, a consular officer might deny the visa if he or she sees red flags that might suggest possible marriage fraud. These may include you and your fiancé being divided by a language barrier or a significant age gap.

• Criminal record: A criminal record can threaten your eligibility for a visa. While petty crimes may not result in a visa denial, your application is likely to be rejected if you have committed violent offenses or felonies like money laundering.

• Lack of financial support: The U.S. government wants to make sure immigrants have financial support and will not be a strain on the public welfare system. Applicants who cannot demonstrate that they have financial resources may be considered a public charge and rejected.

What Can I Do if My K-1 Fiancé Visa Application Is Denied?

There is no appeals process to challenge a denial of a fiancé visa. However, you may be able to reapply by re-submitting all the necessary paperwork and paying the fees again. If your original application was rejected because you could not provide enough evidence of your relationship with your fiancé, you may want to consider marrying him or her abroad and then applying for an IR1 or CR1 visa.

However, re-applying for a K-1 visa may be difficult if your application was rejected for reasons like a criminal record. In these cases, it is best to speak with an immigration lawyer about your legal options.

Contact a Dallas, TX Family-Based Immigration Attorney

You may be able to avoid visa denial altogether by contacting a Plano, TX immigration lawyer before you apply. At the Law Office of Jae Lee, we will guide you through the application process and provide you with personalized legal services to give you the best outcome possible. Speak with our experienced immigration attorney by calling 214-295-3014 today and scheduling a free consultation.