Fiance K-1 Visas Red Flags of Denial
.
Stop and think for a minute: if an average person was to review your fiance visa case and relationship, would he/she suspect you of fraud? What sticks out as odd?
In your K-1 Visa case, you may have/develop circumstances that shed doubt over your honesty. In other words, the legitimacy of your relationship (and reason for a k1 visa) can be questioned by the USCIS or DOS because of some “Red Flags”.
These Red Flags (reasons for suspicion of visa fraud) require you to play devil’s advocate and realize how your case is perceived. Based on your evidence, does your case look fraudulent? or genuine? All these things factored in can cause a denial.
.
.
Common Fiance K-1 visa Red Flags
The following list of Red Flags are typical reasons for Fiance visa denials (or at least heavy review).
.
❑ 1. No Commonality
This is arguably the most obvious factor that raises questions in the consular’s mind. Do you two not share any ethnic, language, religious, cultural, social, financial, educational or recreational backgrounds? Big age difference? Does it seem believable that you two, from vastly different backgrounds, can come together due to love? Although it’s possible this is exactly what happened, it’s a big hurdle to overcome to prove your relationship. This is especially true for interracial couples. Read about no commonality.
.
❑ 2. Immigration history
If the beneficiary has previously been to the US or has applied for a visa under other categories, then this will unquestionably caution US immigration authorities. Is this another attempt at a visa? Besides seeming like visa fraud, did you violate US immigration laws in the past? Unlike other common Red Flags, violating immigration laws are much more difficult to disprove because of the documented evidence against you. Read about that here: immigration history.
.
❑ 3. Marriage history
Has the petitioner filed for other K1 visas in the past? were they approved? what were the outcomes? Why were there divorces? This leads the consular officer to believe there might be a sham marriage business. The same applies to the non-US fiance. Was he/she involved with other marriages overseas or scams? Were previous visas granted or denied? What about the timeline in which marriage/engagement or divorce happened? Did relationships exist while still married? Was there cheating involved? (read “divorce history for K visa“).
.
❑ 4. Timeline and length of relationship
You should be aware of the timeline of your relationship in context with the Fiance visa petition. Being in a short or quick engagement is usually not a good indication of a genuine relationship (although it’s true for many cases). This is particularly true if you file right your I-129F petition right after meeting. In addition, it’s also suspicious if you are recently divorced and gotten engaged. This leads to the question, did you relationship overlap while you were still married? Lot’s of Red flags here especially since there might be a deal involved in the marriage/engagement. Read how a quick K-1 relationship is filled with Red Flags.
.
❑ 5. Lack of evidence of Relationship
While it’s easy to prepare a petition and have paperwork completed, did you adequately document that you’re a genuine couple? communications, meetings, future plans? Even legitimate partners are sometimes put to the stand to defend themselves if there’s a reason of suspicion. You should deliberately make sure your bona fide evidence is persuasive enough to overcome anything of concern. This means having enough evidence to backup your claims.
.
❑ 6. Contradictions
Does your story make sense and is coherent? do you make contradictory statements during the interview while your applications say something totally different? Being nervous is one thing, but being dishonest about the relationship is a major cause for denial (or refusal). Contradictions in your story (or paperwork) leave big holes from which Consulars can analyze whether or not your case is real.
❑ 7. Secretive Relationship
If it seems apparent that you two have no family, friends, or co-workers involvement, then there is a major question lingering over your intentions. Why haven’t you shared a major point of your life with your loved ones? Couples who are running a scam relationship won’t want others to know about it. So, to avoid giving this impression, make sure you document the involvement/excitement of your family, friends and co-workers. In fact, you can get affidavits from witnesses.
.
Red Flags can lead to K-1 Visa denial
From the previous list, it’s understandable why you’ll be up against doubtful consulars with one or more Red Flags. If this is the case, it’s in your best interest (and obligation) to prove your trustworthiness.
In fact, denials of Fiance K visa petitions don’t happen often. In another post, statistics are presented about the pass/fail rate of denials for K-1 visa applications/interviews. Passing for both I-129F and K1 visa interviews are upwards of 80% globally.
While it’s true some countries, seen as high-fraud rate, will be more critical of you evidence and petition. For the best chance of an approval, please check out the step-by-step tutorial on the K-1 visa — even if you have red flags.
.
There are 47 comments so far
Leave a Comment
Don't worry. We never use your email for spam.
Hi, I’m Prem…
Let me show YOU how to confidently get the Fiance Visa and Green Card on your own without expensive legal help.
Join 2,200+ active couples in my free email list already getting direct personal help.
[.Please note: nothing on this website shall be considered legal advice]
January 19, 2021 at 3:53 pm on K-1 Fiance(e) Visa – Affidavit of Support (form I-134)Hello Prem, thank you so much for all the information! Quick question: The US petitioner...[click to read more]- January 19, 2021 at 1:51 pm on Fiance K-1 Visa Costs: A detailed breakdownHi Prem, I am Canadian, I want to marry with U.S. citizen, she works part...[click to read more]
- January 17, 2021 at 2:12 pm on Past Immigration violations problems for Fiance K1 visaHello Katty. We appreciate your writing in. F1 Visa holders are allowed to work certain...[click to read more]
Visa Tutor LLC (R) company is an accredited BBB and bonded Immigration Assistance Provider.
thanks for your apt informations. I have a quick question. my fiance lost her job in February just after submitting the i-29 ..however we just got our noa2 approved today.
my question is this can I use a joint sponsor or affidavit of support . her mum makes enough money to sponsor us.
I was told that affidavit of support cannot be used for a Nigerian which I am one .kindly reply thanks.
Pastor Ken, thanks for writing in.
It’s known that in some few countries joint sponsors are not accepted in the K1 Visa process and therefore, the fiancés must show adequate resources on their own. If, in your case, you have a feeling that the income is below the requirement and you may need a joint sponsor to qualify, you must contact the consulate where your case is probably going to be handled and double check with them about their policies. Please see the page on the I-134 and Joint sponsors for more details.
-Prem
Hello,
I am a YS citizen and my fiance’ is originally from the Gambia but has been living in Greece since May 2016.
He applied for asylum in Greece but was denied.
He has a valid passport, valid birth certificate, bachelor’s certificate, and police clearance, all from the Gambia.
Will those documents be accepted for the K-1 while living in Greece?
We also have a 19 year age difference-
I am 55, he is 36, and we are an interracial couple but are of the same religion.
We have been dating since July 2018, I have visited him twice in Greece- in October 2019 and again in February 2020, and we became engaged during my first visit last year.
We have lots of documentation regarding our relationship including copies of social media conversations and photos together.
We are ready to begin the filing process now if you feel that we can be approved.
Please advise.
Thank you,
Susan
My dad is 62 years old, he meets a 29 years old lady (my age). We found that she is scamming him. She is trying to come here but another boyfriend post on his Facebook about that he is in relationships with him and my dad same time. My dad doesn’t believe this.
What we can do? We don’t want that this woman steal all my daddy savings and retirement.
Vecky,
Thanks for getting in touch. It sounds like you’re concerned about your father and feel his partner may be scamming him. Well, as you may know, the decision ultimately lies with your father and his partner whether they want to go through with the K-1 visa. However, you’re welcome to persuade him if you strongly feel he’s making a mistake. There are certainly scammers out there preying on vulnerable folks. Tell you what, take a look at this recent article about fiance visa scam situations and have your father take a look. https://www.visatutor.com/am-i-getting-scammed-by-my-fiance-k-1-visa/ These are common but devastating. He’s encouraged to read and critically think about his situation before taking steps in the fiance visa. And if you or your father want to ask a private question, feel free to email me.
-Prem
Hi
My fiance is a resident in Germany, he has visited US on multiple occasions and he was once married to girl in the US (she was an LPR) no filling was done and the marriage lasted for about 2 years before they divorced because they never lived together and the girl met someone else in the USA. We actually met a few days after his divorce and he proposed 6 months after his final divorce.We have been dating for 8 months now,and plan to file K1 do you think we could have problems?
Sarah,
As long as you’re free to marry and divorced, then you’re eligible for the K visa (assuming the other eligibility requirements are met). Past divorces and overlapping relationships are cause for red flags in some scenarios. I’ve written about this question here: https://www.visatutor.com/is-my-past-divorce-a-red-flag-in-my-current-k-1-visa/. Please take a look and compare your situation with this. Hope this helps. Please let us know what you research/uncover. Thanks
-Prem
My fiance is in separation with her x spouse since 2013 who is already married and have child from his new wife me and my fiance had an engagement before she is already divorced , she is going to divorce very soon , did that made a problem to apply for the k1
Thanks
Manef,
The requirement for applying for a Fiance visa and I-129F petition is that both of you must be legally free to marry when you apply the petition. As long as you fulfill that requirement, the remaining details are possible discussion points for the consulate in terms of the genuineness of your relationship. You must be able to prove that you have a genuine relationship despite possible overlaps in relationship. So, how do you plan to do that?
-Prem
Hi Prem – thank you very much for this super helpful content.
My question is with respect to the latter part of the process, specifically filling out the DS-160, as I don’t want to raise a red flag by filling this out incorrectly.
There is a question that says “Have you ever been to the US?” then if selected yes you are prompted to list your trips. Does this really mean ALL of your trips? My fiancee was back & forth as a student for 4 years, and has come even more times before that as a tourist. There are a LOT of trips spanning over a decade. I read somewhere putting the last 5 trips would be sufficient? Do you have any thoughts on this?
Hello Chris,
The DS-160 requires that you list all trips to the US. In the past, the DS-160 requested only the last 5 trips or so. Now, the verbiage has changed. Now they’re asking for a slightly different requirement. In short, you will probably have to list all trips that you can possibly tally up. If you join our fiance visa interview course, I can show you how to figure the things out and how to best approach this question because in my opinion, you don’t have to bend over backwards to get all the information from over a decade ago.
-Prem
Hello.
I appreciate the information you’ve shared in this website. It’s been helpful.
I have a question. My American fiancee and I are about to begin the K1 visa application process.
I have a concern though. I have been to the US five times in the last 5 years. I have never overstayed my visa.
But the last time I went (last year), I was going to see my fiancee for the first time. We had been chatting over the phone till then. We didn’t plan to get married but the CBP agent at the airport thought I was and was not happy with me because she found my documents (diploma, transcript,etc) in my bag that I had carried with me. I was scared and wasn’t clear and honest enough with my answers. She still let me enter but told me to return home after my stay and “do this the proper way”, referring to marriage. She seemed to write a lot on the computer, and told me that ICE would come and get me if I overstayed. I left at the time I had said I would, and have been home since then. Will this be a problem when we apply?
Hello Kenny,
Thanks for writing to us. I suggest you begin by reading our article on how tourist visa denials or denial of entry affect your future K-1 visa. https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
Seeing how you were allowed to enter the US leads me to believe you weren’t marked down as inadmissible for anything. Was your visa or ESTA revoked? it doesn’t sound like it was.
If it was just a “warning”, then there’s little trouble for you in the K visa process.
-Prem
==opinion, not legal advice==
Hi, I have a little question about the passport type photos we have to send in the application. My gf and I took the photos with our phones, but even if we made an effort to make them look perfect, we still can see a slide little shadow on them. Would you recommend to go to a study instead? Or are they fine? What do you think? And thank you so much for your help in the awesome site.
Hello Carlos,
That’s a good question. In fact, it’s something I address in my I-129F course.
It’s best not to do your own passport style photos. Many times they get rejected by the USCIS because we don’t have the correct 2 inches by 2 inches or the right orientation. My recommendation is always to get it done professionally by a photo studio. They have the right cameras and have the right size prints for you to submit. And it’s usually very cheap, so there’s no reason to skip on this.
I’ve seen plenty of RFEs to couples who took the shortcut to take their own passport style photos. I suggest you get it from a studio.
-Prem
Hi. We recently reached the eligibility to schedule interview stage for k1 visa. We are required to provide police clearances from Hong Kong and China. The problem is she entered China on a tourist visa then found work and remained there 2 years beyond its validity. Subsequently China will not issue a police clearance in this situation. I’m worried what this will mean about our chances of getting approved and if there is anyway to overcome this problem. Does anyone have experience with this issue/have any advice? Thank you!
Hey Brian,
Sorry I’m afraid I don’t know the proper response to this question. I suggest you reach out to someone who’s experienced with your particular consulate. My gut feeling is that you’ll have to inform the US Consulate about the problem due to your fiance being ineligible to get a police certificate from HK. It’ll be up to them to instruct you further.
-Prem
Hello Prem,
Thank you so much for your website. It’s very useful.
I am a foreign fiancee (beneficiary). My worries are:
– I have a good education and some employment history, BUT I haven’t been employed officially for the last 3 years
– I have an education in IT.
Do you think these could be red flags?
I have heard that STEM education may cause additional admin checks. And, in my situation it complements 3 years of unemployment.
My US fiance is employed, makes much higher min requirements and we have plenty of things in common (the same country of origin, education, interests, etc.). Btw, our age difference is 9 years, we are both above 30.
Thank you!!
Hello Elly,
You may be mistaking red flags or other situations. Red flags are “soft” reasons for believing that your relationship with your fiance isn’t true. The issue with work history is completely different and mostly irrelevant to the fiance visa situation.
According to the requirements, the US Dep’t of state doesn’t require you (the beneficiary) to be working. The only requirement is for the US petitioner to present a valid affidavit of support. So, even if you’re employed, unemployed, etc. it matters little to the approval.
Regarding the STEM education and background checks. In the past, the US DOS has done some additional checks on some beneficiaries if they’re in “security-sensitive” fields. That may or may not apply to you depending on what the US DOS thinks is appropriate for your case.
If you want to know more about what affects the Affidavit of Support, I suggest you read my full guide:
Fiance(e) K-1 Visa – form I-134 Affidavit of Support
-Prem
Hey Prem,
Its me again. Again, my fiance and I are apply for the k1 visa. We’re currently living together in her home country (to spend more time with eachother), and I plan to leave in August. Living together was planned before we decide to apply for the k1 visa and was not something we forced to show as proof of a relationship. Is living together prior to applying for a k1 visa good proof of an on going relationship? Or is it risky? Possibly a red flag? What are your thoughts? Thanks again!
Hey Dan,
Normally, living together is considered good proof of a bona fide relationship. For most cases, it’s a good addition.
However, in some traditional countries, only wedded couples live together. So, your time may be perceived as already being married. It’s best for you to understand the culture/society there and gather proof accordingly.
-Prem
Hi, I’ve been reading on K-1 Visa’s recently because well… My fiance and I plan to move in together. He is from the US and I am from the UK (With im being the sponser, obviously.) We have known each other for 5 years, and been together for 3. Both of us are really young (21 + 24), without really any conventional hobbies (unless video-games and watching netflix together counts.). We are horrible introverts that don’t really post on social media, and well. Don’t really have much pictures together either. And we don’t exactly make a lot of money, certainly not enough for any sort of big wedding. Or even a engagement party. Or rings. While yes, we can put together the funds needed to see each other, and for this visa when we decide to go through with it…. I fear that saying anything about having a very simple wedding ceremony just to get us married (And worry about a reception party much later) is a red flag.
I think I worry far too much about this whole visa thing, when it hasn’t even been started yet. But well I wanna be sure I’m not going to get rejected because idk what we would do from there, when our relationship is 100% genuine.
Really what i’m asking is this,
Do we really need to ”sell” the fact that we are getting married with a proper ceremony and engagement rings and all the bell’s and whistles for that stuff.
Hey Anon,
That’s a very good question you bring up. And it’s a question that I’ll explain in detail in a later post. But let me share a few things with you to address your concern.
Let’s start with the facts: having preparations for a wedding (whatsoever) is not required. An engagement ring is not required. A plan for a wedding is not required. And so on and so forth.
In terms of eligibility, you’re only supposed to show that you “intend” to get married. Hence the “letter of intent to marry” and so on. But that’s part of the puzzle. The other part is to convince them that you’re serious about getting married. After all the visa is only granted so you can enter the US and get married. Having solid proof to show that you’re going to upkeep the promise is the core of the situation.
Conventionally the normal way to show this intention is to with engagement rings, wedding plans, florist, djs, wedding venue, etc. etc. things that I list out on my website. https://www.visatutor.com/should-i-go-out-of-my-way-to-plan-a-wedding-before-my-fiance-k-1-visa-interview
However, for most cases, this is GOOD to have but not necessary for a visa approval. It’s beneficial but not required.
Long story short, you have to convince them that you’re serious about the relationship and marriage. If it’s not with this wedding preparations, then you should have other evidence to help. To answer your question, no you don’t have to sell the fact with all the bells and whistles of the wedding or engagement. You just have to have good bona fide evidence. I suggest you download my free pdf report on the various different types of proof of relationship you can use for a strong case. https://www.visatutor.com/proof-of-relationship-guide/
It’ll help put things into perspective and give you clues on how else to prove a bona fide relationship enough that they’ll approve your case.
-Prem
Hi Sir, is it possible that we will get red flag or deny since my fiancee was having 5 times divorced before. Thank you you’re response is highly appreciated.
Hey Ellen
Previous marriage / divorce history may be a red flag in some situations. I’m not sure what kind of circumstances your relationship has. It’s especially important if the previous marriages were of the US petitioner and a foreign spouse.
-Prem
Hi Prem,
I have a fiancé that I met on the internet a year ago who lives in Cyprus (Turkey) because he is studying at the university there but is from Nigeria. We are an interracial couple, and have a very big age difference. He is 28 and I am 55. We will make sure to have three visits before applying for the k1 visa, including meeting my 11 year old adopted son. I already know we have an uphill battle due to the large age difference, interracial, and being from a high fraud country. We also will not have any pictures with his family because he does not live in Nigeria and his other two siblings study abroad as well. Two questions…do I apply based on the embassy where he lives or where he is from? Also, do you think are chances for approval would be better to apply for the marraige visa, or should we apply for the k1, and if we get denied then marry? The problem is if we get married we will not be living together and will have no joint finances etc. As far as any other red flags there is none…no criminal, no other visa denials, I meet the income requirements, etc. We love each other very much, but I’m worried that this is going to just result in heartache because we will be denied right away. I know the Trump administration hasn’t made things any easier as well. Your thoughts?
Hello. I’m so thankful for your site! My fiancé and I were introduced by his sister/ my friend via WhatsApp in January 2019 and we had our first in person meeting in March 2019. We have tons of evidence to prove our relationship is genuine but do you think the timeline will be a red flag? We are planning to submit the documents in May 2019.
Hey Trell,
You should review the quick relationship red flag blog post and compare yourself. Review for yourself and consider if you fall within this ambiguous “quick” relationship red flag category. Just keep in mind that it’s a common red flag, it doesn’t necessarily mean it is trouble for you. Lots of factors play into it.
-Prem
Hello Prem, thanks for the wonderful job you are doing here. My name is Austin, i am a Nigerian and my fiancee is American. I met my Fiancee on the 18th of April 2018, on the 4the of August she came to Nigeria to visit me and on the 11the of August i proposed to her and she accepted. She went back to her and on the 10th of January 2019 we filed for the K1 Visa. She intends visiting me again by ending of April. I am 43years while she is 53years. At her first coming we took alot of pictures with family and friends. We are scared of been denied because of quick engagement and age difference. Please what do you think of our case?
Hello Austin,
Thanks for sharing your story. It’s always difficult to give an answer regarding a quick relationship during the fiance visa. However, from what you’ve told me, it seems like your relationship has been ongoing for several months. As long as you feel that you’ve got enough evidence, you can expect it to be an easier experience. The key to the entire concept is great bona fide evidence.
My best suggestion is to concentrate on the bona fide evidence to showcase that you’re a genuine couple and prepare for the interview. You will find tons of free resources on my blog to help you do that.
-Prem
Good day,eight years ago ,I was detained by Canadian immigration and told to return to my homeland ,because I overstayed…My fiancee is US citizen and wants to file for US fiancee visa for me…Would there be any difficulty obtaining it ???
Hello Marcy,
I’m a bit unclear of your circumstances before giving you my opinion. 1. Are you Canadian? 2. if not, which country are you a resident of? 3. did you overstay in Canada? 4. were you given an inadmissibility or another bar?
-Prem
Hello Prem! I have a question for you that’s been giving me anxiety for months.
I filed for the K1 visa for my Canadian fiancee. Everything in the process should go well, I hope, as there are no red flags. However, last time she came to visit, the border guard turned her away, saying she spent too much time in the US, and it was a week before we filed for the k1 visa – he didn’t like that she was visiting, as my fiancee, without the fiancee visa.
She was left in a back room for over an hour and forgotten, and one of the officers didn’t seem to realize what the final verdict was, so since she missed her flight, he turned her back anyway.
There doesn’t seem to have been anything formal done, but we are worried that this will have an impact on her visa application, or at least one the next time she tries to visit the country – as a tourist or as a k1 visa holder. I understand on some conditions that being turned away from the US results in a 3 year ban.
What are your thoughts?
Hey Tom,
Sorry for the late reply. I just got back from vacation. Being denied entry at the US border by Customs is not an infrequent event for K visa applicants. Spending too much time in the US is a trigger for them to restrict entry. Unless they gave her an inadmissibility, there’s no reason to worry. Have you read the post on denial of tourist visa entry here?
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
Take a look. Does she fall within any of the inadmissibility I talk about in that post?
-Prem
Dear Prem,
You have a great heart, good knowledge and great website.
I have a simple baseless issue which is just being overthrown all directions by the consulates in India.
I had previous 8 student visa denials. They dint let me study in US when I was a student, 20 years back. I proceeded to study in U.K, and have traveled to over 40 countries and settled in India. I never wanted to immigrate or live in other countries for work as I have a decent settled life in India. I have lived in Switzerland for 2 years, Studied in UK. 5 years.
In Jan 2014, the US consulate gave me b1/b2 visa for a conference. It was my first time travel to US, prior to that I was traveling to many other countries, as I reached to US in the cold winters of Jan-Feb, I got sick in US and was bedridden for 45 days, could not move anywhere, I stayed with a family friend, who took care of me, helped me to stay and recover. Unfortunately, the trip got extended till Jun 2014 as the airline could not accomodate me till June due to vacation bookings, but I returned before time, I did not overstay or extend. I always abide by all rules in general with every country. Again, in the same year Nov 2014, I traveled for leisure, they gave me 4 month entry on B2, I stayed for 3 months and returned back in time in Jan 2015. And after 6 months, in July 2015, I got a call from consulate to come and enquired about my two trips in same year, I have explained the same above and they cancelled my visa saying they were uncomfortable with my two long trips in the same year. I have given a written statement of the same explaning how I got sick and rest of the things just happened, nothing was deliberate. They cancelled my visa cwop, and asked to reapply.
A year later in May 2016, I applied for same B1/B2 to attend the same conference in that year. I have a good talk with the consul, and she went through everything on my file. She listened to what I had to say and said she has to verify something and went inside. I could see her talking to some other officers and looking at the system. After possibly completing her verification process internally, she came and said she approved my visa. She also stated to me that “she is making clear notes in the system regarding my case so I do not have issues at the port of entry when I travel this time.” Infact, she was surprised that my visa was cancelled previously. I thanked her for her kind generosity and professionalism and left the Consulate. My 10 year multiple entry visa B1/B2 was approved the next day. I was happy and relieved. And then suddenly this happened —
In May 2016 I got the visa, and in June 2016 exactly a month after I got my visa – my sister travelled to the United States – within hours of her landing in the United States I received this call. That is exactly one month from the date of approval of my visa, US Consulate, called me and asked me to come for a re-interview. They dint ask me any questions, simply asked my passport went inside and gave me the same with cancelled cwop stamp on it. I was just shocked, dint know what to say and how to react. And after couple of months they called again and asked about my sister who traveled for the first time to US for a conference, her visa was also cancelled, and I asked her to return home after that.
I wrote a grievance letter to the consulate after some time asking them the reasons for cancelling two times with cwop without any reason. To my knowledge, I have always lived a clean life, intentionally never misrepresented anything nor there was necessity to do such acts to travel to any country, as I have lived in the best places of the world, and traveled to every country, dint have any reason to misrepresent in any way to just live in US. I believe everything is misunderstood by the consulate, thus we pay for their negative thoughts.
I got this reply from the consulate for my query.
This is in response to your inquiry below. Following the interview at the U.S. Consulate General in Chennai and the subsequent issuance of the visa, additional information became available that indicates you may no longer be eligible for the visa issued. Based on this information, your visa has been cancelled under sections P6C1 for misrepresentation and 214(b) of the U.S. Immigration and Nationality Act
The refusal of a visa under this section of law, however, is not a permanent bar to visiting the United States. You may apply again for a visa when your circumstances have changed and you meet the requirement of the law. Please note, however, that the decision regarding a visa application can only be made at the time of interview, and we cannot assure of the outcome.
The above is the reply I got from consulate for my query. So now I have two visa cancellations with cwop – P6C1 inadmissibility and 214(b) refusal. These two are for B1/B2 visas of the last two visas they gave me in 2014 and 2016.
Now, currently past 2 years, a US citizen is in love with me, she is a friend of my sister, whom I have known for over 20 years. Our families got interested and encouraged our budding relationship. We have met over 5 times in these two years. We met twice in Canada, and 3 times she traveled to India. This year in April 2018 we got engaged in India. We have all the required documents and evidences, photos. She wants to apply for K-1 visa and get married in US asap.
We are ready with all documentation. Then just was browsing through and came to your wesbite. You have great information here. I hope you must have understood my situation now.
Now my question is – since my cancellation was on b1/b2 and not K-1 visa, should we apply for a waiver first, or along with or should we directly apply for K-1, and if its denied for any other reasons then we should go for a waiver ?
What exactly should we do, or submit with ? Do we need to file for any waiver first of all.
Also please let me know any other information that You can suggest before or after application.
We come from a normal-typical South Indian family and do not have any negative history of any kind of misrepresentation anywhere, we are law abiding citizens and my family is well decorated with a 50 years service from the armed forces.
Appreciate your advice. Hope to hear from you.
Thanks in advance.
Hi Prem,
I just have a quick question regarding k-1 visa. I’m a US citizen and I have been corresponding with my girl friend who lives in India. We’re both indians and are head over heels in love with each other. We met via a matrimony website and have been corresponding mainly via texting for the past couple of months. In other words, we have known each other for roughly 2 months. I’m planning on filing for a K-1 visa so that she can migrate to the US to get married. My question regarding meeting in person requirement within 2 yrs prior to the I-129F application is…..
Does it matter where we meet? My girlfriend visits the US every yr to spend time with her siblings in FL and NJ. She visits on a B-2 visa. She is planning on visiting the US in 2 weeks. We’ll be spending about a month in Atlanta which is where I reside. After her stay, she will be returning to India and I’ll start the ball rolling with the I-129F application. The USCIS website doesn’t stipulate that the US citizen should visit the home country of the fiancee/fiance to meet. That leads me to believe that I can meet her in the US as long as she goes back to india once I start the I-129F application process. Is that a correct assessment of the situation?
Your assistance in this matter is greatly appreciated.
Aron
Hello Aron,
Thanks for reaching out. The USCIS 2-year rule is simply to prove to them that you’ve met in the last 2 years. It can be anywhere in the world (including the US) and it can be on any visa type (even if she’s here on a b1/b2). So, once she meets you here, you can gather proof and show that you’re eligible to file the I-129F. In addition, you don’t have to wait for your fiance to return back. Her legal status in the US or her duration in the visa doesn’t affect your I-129F application.
-Prem
Hello there,
Great, informative site! I am trying to help my sister navigate this process. She’s had a lot of bad luck in the past. What advice would you give someone who is a multiple filer, and is now filing again for a fiance in a “high fraud” country (Pakistan)? The current relationship has been ongoing for a few years now, but the petitioner has, unfortunately, filed two prior spousal visas and one fiance visa petition in the past-for different people. (over the course of 12 years). The first petition was approved for a spouse, but the foreign spouse never came to the US and never had any further communication with the petitioner, my sister. The other two petitions (fiance and spousal) were denied due to failing to provide a divorce decree for the first foreign husband. The second spousal visa was for a man already living in the US and one child was born to the couple-their case was still denied. Eventually, a divorce decree was secured and submitted to USCIS for the marriage that took place 12 years ago. It seems daunting. Do you think the new case even stands a chance? Any advice on how to proceed? Any info would be greatly appreciated. Thank you!
Hi Candice,
If your sister’s applying for the second time, she ought to understand some red flags that may spring up. I suggest you read this thoroughly
https://www.visatutor.com/do-past-petitions-hurt-my-current-fiance-k-1-visa-case/
I talk about how past petitions may be red flags if they’re associated with past fraud. I talk about what your options are and what you need to do going forward.
-Prem
Hi I m from Nepalese citizen and my fiancé hav us citizenship we r planning to apply for fiance visa but before engagement I applied two times for tourist visa for attend my exam for usmle both time I was rejected . It would creat prblm Igor fiance visa ?? Because my counselor gave me reason u r intended to stay there we must review ur case but we r engaged jus now … I worried now
Hi Neha,
Past denials are usually not a concern unless there was a 212(a) denial or inadmissibility. You can check my written explanation here https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
-Prem
Hi,
My best friend applied for a K1 Visa to bring his fiancée from a different country to marry her in USA. They took a lot of pics together when he went to her country this year and sent it with his application as evidence. For more evidence, he took a picture of him, his fiancée and his mom’s mom and his mom’s dad and his dad’s dad together and sent it with his k1 visa application. He also pointed out in the picture they are his grand parents dedicated to both of his parents. The only problem is that the people in his pictures are not his biological grandparents but raised him like his grand parents. They’re only elders in the family. His dad’s dad and his moms dad are in USA(he’s not very close to them) also his mom and dad and his siblings are in USA. Will the USCIS question this? If so can they deny him for this? will they also ask for a DNA evidence of sort, which will really delay the process?
I appreciate any advice offered
Hi Geme,
I understand your concern regarding having family members in the photo and whether the USCIS is likely to ask for DNA evidence to confirm the parents’ presence in the photos. I don’t think the USCIS has ever gone to such extremes as to verify people in photos by using DNA evidence. So, I wouldn’t be too concerned if I were you. However, I would say the likely scenario is that the US Embassy Consular officer may ask about parental involvement during the routine questions and answers to find out who’s who in the photos. For that, the best way to prepare is to have an answer ready.
-Prem
Hello, maybe you can help a little, my fiance is Philippine and currently unemployed, will that affect approval? And her other jobs have not been official, mainly cleaning jobs for cash. Do they care too much about employment history? For my i-129F should I put her as unemployed? Any help or advice is greatly appreciated.
thanks in advance,
-Don
Hey Don,
As you may know that having a job isn’t required for the K-1 visa and for the beneficiary, whether or not they’re employed doesn’t negatively affect the K visa process. Employment history should go into the I-129F. If you have particular questions about her work, email me and we’ll discuss it offline.
-Prem
hello,
My bf has been changing jobs all these years 5 yrs with 12 jobs. And he got the unemployment in Jan to Mar,2018 he has jobs now but it probably wont make it to 125% poverty guidelines this year. We will apply k1 soon and interview will be around next year May.
His income is past 125% in year 2016, 2015, 2014 and he has a house…just 2017 not making 125%..will it be a problem? We cannot find anyone who can co sponsor us…I have some saving can i bring my bank letter to interview?
thank you very much.
Hello Suki,
There’s a lot that goes behind the officer’s decision in regards to the Affidavit of support. It’s called the “totality of circumstances”. Having a good past record of earning above 125% is beneficial for your case, but the situation currently is that your fiance may be unemployed or not able to meet the 125%. Your choices are to make 100% of the limits with his job alone; or use a joint sponsor; or use assets to make up the difference.
Your own savings won’t count.
-Prem