Top 7 myths & mistakes of the K-1 visa

What are the top myths and mistakes we make during the fiance K-1 visa process?

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Myth # 1: I must submit lots of evidence to be approved

I have a confession: I randomly drop by and lurk in Facebook groups and forums where couples discuss their fiance visa. I’m curious to see what’s on their minds. And it’s also great to see people helping one another with first-hand experience.

Recently, I saw someone say he’s got over 2,000 Facebook messenger chats with his fiance. He was looking for advice on how much of this to print out to put in his I-129F packet. To me, the answer is “a few pages”.

But I can see why he thought he should’ve printed all 2,000 pages. When you look at the instructions on the I-129F or K-1 visa instructions checklist, it says generic things like “provide proof of relationship”, which is really unclear. Take for example the “evidence of relationship” suggestion given by the US Embassy in Bangkok, Thailand.

Not too prescriptive, is it?

And it’s partly why this fiance visa myth lives on. The USCIS or US Embassy don’t tell us what or how much of anything to present. So, we’re left on our own to figure it out.

And if someone was to tell you to “prove your relationship” — naturally the first thing that comes to mind is “well, we text like 50x per day. If I print out a big heap of Facebook chat logs, that will show them we’re serious. In fact, the more evidence I stuff into my I-129F, the better.”

Then we theorize that we submit lots of evidence to be approved. Or that they’ll be impressed by loads and loads of evidence.

This misconception stems from a much wider set of problems:

● We don’t know how much is enough,
● What’s too much
● What’s too little

The amount of evidence you include depends on how much you actually have and how much is a good balancing point. However, there are problems with too much or too little.

● Problems submitting too little evidence

○ They may suspect you don’t have a real relationship (that it’s a scam)
○ You may not meet requirements

● Problems with submitting too much evidence

○ Makes you look desperate and untrustworthy
○ It’s easy to dilute your message
○ Too much evidence becomes easy to ignore

It’s all about the “gut feeling” you give to the officer. There’s no exact number of pages of texts, photos, or copies of airline tickets that’ll land an instant approval. They have to develop a good “gut feeling” before they approve you. (read How much proof is enough for I-129F approval?)

But there is a balancing act you have to do to find this perfect mix of bona fide relationship. You must focus on primary relationship proof before secondary evidence.

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Myth # 2: “High Fraud Risk” countries mean “denial”

You know, the high school I went to in New York was considered “tough” because kids got into trouble and the graduation rate was lower than average.

But did that mean I wasn’t going to graduate either?

Of course not, graduation is based on how well YOU do. So, why would you worry about statistics like the low graduation percent?

Despite the bad label of a “tough” school, I worked hard and graduated. In fact, I had one of the highest GPAs which lead me to get a fantastic scholarship for college. Imagine if I had let that label of a “tough” school hold me back.

The same kind of myth exists about “high fraud risk” countries. Some claim that if your fiance is from one of these countries, then it’s an automatic hard time (or denial). But why is that?

Mostly because of the stories we hear. They’re based on hearsay.

● How some are instantly denied without a chance to speak or present

● Some say if you’re from country “x” then don’t apply for a fiance visa, it’s useless

So, to get to the root of it, I did the next best thing and looked up the statistics on this actual myth. And found out that statistics prove there’s no such thing as a “high fraud risk” country predicting whether or not your K-1 visa will be denied.

I compared it with all different metrics and found no correlation.

Interesting, right? A label of a “high fraud risk” country doesn’t mean you’re denied. Instead, K-1 visa approval is based on your case merits: proof of relationship and good paperwork. Not rumors or stories (read do “high fraud risk” countries hurt your fiance K-1 visa?)

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Myth # 3: They’re constantly spying on us

Every now and then I’ll get a panicky email from a couple asking what’s going to happen if their FaceBook says “x” and they mistakenly put “y” in the paperwork. Will the Embassy figure it out and deny them?

Many believe (or claim) that the US Government has enough time to spy on your K-1 visa case for signs of fraud. That they’ll take hours to sieve through your social media profiles, Instagram, or Twitter to find a minor hole in your case.

And this “half-myth” lives on because, Yes, it’s actual law that they’re allowed to review your social media, public records and so on.

While it is law, and there have been some cases denied because of inconsistencies they found in social media versus what you said at the interview, the truth is that these things seldom happen.

The truth is that they don’t have time to look through everyone’s Facebook. But don’t let that get you sloppy… you should still be prepared and not make any goofs.

To help with that, I wrote an in depth article on the topic about having your social media and how it affects the K-1 visa. Instead of making it sensational and getting you scared, I mention that although it’s technically true, it’s not something they do often.

So in summary — it’s good to keep in mind that they may review your social media history… but it’s usually nothing to lose sleep over.

Read more about social media surveillance posts and the DS-5535 here in How social media affects your fiance K-1 visa.

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Myth # 4: Small tips and tricks will get me approved

“Smile at the interview and compliment the officer” is an actual tip I heard someone say about how to do well at the K-1 visa interview. No kidding.

That sounds almost like giving your school teacher an apple one morning and hoping she passes you for the exam for which you were unprepared. Instead, wouldn’t it be better to prepare for your interview and not just hope you pass?

Think about it from a different perspective and put yourself in the Consular Officer’s shoes. If you were the person who makes critical decisions that affected people’s lives… would you be swayed by a smile or compliment– when your “yes” or “no” answer would mean serious consequences?

Of course not. Your decision on the K-1 visa application would be based on hard stuff — like paperwork, questions answer, relationship proof and so on. Not a smile (although there’s nothing wrong with smiling, it wouldn’t be THE reason you’re approved).

The same goes for other tips, shortcuts and “hacks” anyone tries to tell you.

I know it’s enticing to look for shortcuts or tips to help your interview. And it’s easy to mistakenly believe that something like this works.

But believe me when I say it. These won’t get you to the finish line. Instead of trying to find a shortcut, focus on the 3 things that make a huge difference in approval: correct paperwork, proof of relationship, and preparation.

In fact, 3 out of 4 denials happen when you don’t mix the 3 components the right way. I suggest you read up on the # 1 way to prevent denial here: How to prevent the # 1 reason for fiance visa denial.

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Myth # 5: It’s impossible to talk to anyone in the Embassy

If you know my story, you know it was tough because of mistakes my lawyer made. When I was picking up the scraps and rebuilding my confidence, I had a lot of questions. Things that were particular to my case and only something the Embassy could answer.

So, I really mustered up my hopes and sent an email with one question to the Embassy. And to my pleasant surprise, they were extremely helpful. In fact, they saved me weeks worth of delays and problems. My image of the Consulate was forever changed then.

But many other couples have had nightmare interactions with the Embassy. Horror stories spread fast and make you believe the myth that the US Embassy is hard to reach (or talk to) during your K-1 visa interview process. Stories of people’s experience of how they were handled abruptly, shown little mercy, and tossed around during their interview or in their contacts with the embassy.

The truth is that the Embassy tries to accommodate you as much as possible (according to FAM law and practice). Emails and questions have to be answered quickly and adequately. Yes, it’s law. And for the most part, they do help.

So, if you have any big questions (or problems) on your mind during your fiance visa process, I suggest you try to reach out to them. Chances are, you may also be pleasantly surprised. Read K-1 visa problem? Ask the Embassy for help.

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Myth # 6: We’ll have problems at Port of Entry (Customs/Border Protection)

Not many know that I picked up my fiance after she was approved for her K-1 visa and we flew back to the US together. At entry at the US border, I got nervous.

I had to go through the US citizen’s line and fiance had to go in a separate line. After a while, I couldn’t see her anymore. The last glimpse I got was of her waiting in line to see an CBP officer.

I nervously walked out to claim my baggage but my eyes were glued to the glass window trying to see what was going on. I kept looking back but couldn’t see anything.

I went to baggage claim and grabbed our stuff. Every moment that passed my mind started conjuring worst-case scenarios. I told myself that it was probably nothing and she’ll be out of there.

But I kept thinking about what questions they were going to ask her. After 20 minutes of standing by the carousel, I finally breathed a sigh of relief when I say the smiling face of my fiance come through the sliding doors. It was all over and she was passed by Customs.

True story. Yet had I known what I know today, I wouldn’t have worried.

You see, K-1 visa applicants have almost no problem at the Port of Entry with Customs (CBP). Yes, there are some horror stories of Customs agents looking through your cell phones and subsequently denying you entry (even for K visa).

But most fiance visa applicants don’t face that fate. So, don’t sweat the entry procedures. The usual procedure is that Customs takes your fiance’s paperwork (medical packet), reviews your case one final time, gets fingerprints and asks a few questions before stamping you “all clear”.

I suggest you read about the Port of Entry procedures for K visa applicants in much more detail here… K-1 applicants rarely stopped at border. There are no statistics available to dispel this myth, but from all that I’ve gathered through different sources, K visa applicants have problems at the Port of Entry.

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Myth # 7: Adjustment of Status (I-485) is difficult

Many feel that it’s just as hard as to do the Adjustment of Status for the K visa as it was to get the visa approved at the interview. I believe that’s a myth.

Ever noticed that on my website, I don’t discuss the Adjustment of Status much? That’s because I think you’ll do alright without help. Think about it:

❑ You’ve already done the hard work of applying for the K visa. You’ve gotten lots of practice filling out forms and understanding requirements. You’re experienced by now. 

Look at the I-485 instructions and you’ll realize what I mean. Most of the forms they request are the same as before when you went for the interview. To me, it’s safe to assume you can do this all by yourself.

❑ In addition, I suspect that it’s not nearly as difficult to get your I-485 as the K-1 visa. Denial rates don’t seem to be nearly as high. But that doesn’t mean you can take it easy. Rather, I think you’ve got enough experience to do this correctly on your own.

The truth is… if you got to this point (K visa approval and entry into the US) then it won’t be any harder to get a Green Card. Things that usually get people denied were already taken care of during the interview (inadmissibilities are already taken care of).

Only if you’re admissible to the US then your K visa was approved. And if you’re admissible, it usually means you can get permanent residency. Hence, denial rates are probably low for K visa applicants applying for permanent residency (I-485).

But this (myth # 7) is completely my opinion. I suggest you do your own investigative work here to see statistics (Dep’t of Homeland Statistics).

Now, let’s talk about what myths you have. Drop a comment below on what you thought about these myths and misconceptions…