Fiance K1 Visas Red Flags of Denial
Stop and think for a minute: if an average person was to review your fiance(e) K1 visa case and relationship, would he/she suspect you of fraud? What sticks out as odd?
In your Fiance(e) K1 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 petition) can be questioned by the USCIS or DOS because of some “Red Flags”.
These Red Flags (common reasons for suspicion of visa fraud) require you to play devil’s advocate and realize how your K1 visa 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(e) K1 visa Red Flags
The following list of Red Flags are typical reasons for Fiance(e) k1 visa denials (or at least heavy review).
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- 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 as a Red Flag>>
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- 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 as a Red Flag>>
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- 2. Immigration history. If the non-U.S. Fiance(e) 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 immigration history as Red Flags>>
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- 2. Immigration history. If the non-U.S. Fiance(e) 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 immigration history as Red Flags>>
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- 3. Marriage history. Has the U.S. Fiance(e) filed for 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(e). 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?
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- 3. Marriage history. Has the U.S. Fiance(e) filed for 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(e). 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?
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- 4. Timeline and length of relationship. You should be aware of the timeline of your relationship in context with the Fiance K1 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>>
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- 4. Timeline and length of relationship. You should be aware of the timeline of your relationship in context with the Fiance K1 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>>
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- 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? Your communications, your meetings, your future plans? Even legitimate K1 fiance visa 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.
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- 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? Your communications, your meetings, your future plans? Even legitimate K1 fiance visa 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.
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- 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 of visa). Contradictions in your story (or paperwork) leave big holes from which Consulars can analyze whether or not your case is real.
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- 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 K1 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(e) K1 visa petitions don’t happen often. In another post, Fiance K1 visa statistics are presented about the pass/fail rate of denials for Fiance(e) k1 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.
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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