High denials statistics for I-129F fiance petitions in 2017
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2017 was one of the worst years for I-129F fiance petition denials. Statistics show that it’s harder to be approved. But the fix is still the same – submit a quality I-129f packet.
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Years ago, it was easier to get your I-129F petition approved. Even though it took a long time, we still saw approval statistics 85%+ from the USCIS. So that gave some peace of mind to most people.
More recently, approval rates have crept lower and lower until now, it’s near a record low.
2017 was one of the worst years ever for I-129F fiance visa petition denial. When I say “worst year”, I mean we’ve only seen denial rates so high once before. It’s obvious that President Trump’s immigration policy and extreme vetting can’t be taken lightly.
The sharp rise of denials directly impacts YOUR I-129F CASE. Because your future marriage and life are at stake.
This sounds bad — and it is. But, increasing denial percentages don’t mean you should just give up. Instead, it just goes to show you that you need more preparation and a strong case. Because I-129F petitions that are strong, full of great evidence, and well-prepared still see easy approval (even though it takes time to process).
Like I always say, “the K-1 is a privilege, not your right” and if you treat it like that, you’re likely to see great results.
So, let me explain what the current I-129F statistics show. Then we’ll discuss what you can do about it to avoid being denied.
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K-1 visa denials can happen at two different stages
We all talk about trying to avoid denial. However, most often we forget that denials can actually happen at two different stages of the K-1 process. First during I-129F petition processing by the USCIS and the second at the K-1 interview in the Embassy.
Normally, the K-1 visa interview gets most of the attention because that’s what everyone is scared about — where you’re face to face with someone evaluating your case (i.e. deciding your future). The officers review your case and figure out if you’re eligible for a visa. And it’s dreadful because you’re standing there almost helpless while your future hangs by their decision. The whole thing is pretty dramatic.
So, naturally the I-129F processing stage didn’t get a lot of attention. That’s because, the approval rates were higher and people didn’t worry too much about it. Again, we saw approval rates 85+% for I-129F applications in most years. But, now that’s changing.
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Increasing I-129F petition denials statistics
Ever since 2015, I-129F rejection amounts have again gone up and up. Then after President Trump toughened up the policies on immigration in 2017, visa denials and waiting time went up even further.
You don’t have to take my word for it. Let me walk you through the USCIS publications where they reveal actual number of I-129F petitions they approve and how many of these they deny. Then we’ll compare these recent statistics with those from years ago and you’ll see what I mean.
Here’s what the USCIS tells us about the I-129F approval and denial numbers for 2017.
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If you add together the “approved” and “denied” petitions, that’s the “total” number of people who’s cases they worked on during that particular quarter of 2017.
So, for example, in the second quarter of 2017, they approved 6,864 petitions (I-129F). While they denied 2,604 petitions. If you add them together, you get a total of 9,468 petitions that they processed during this quarter.
What’s the percent of denials? 2,604 divided by 9,468 which equals 27%.
Think about it… more than 1 out of 4 couples were denied. Where they spent hundreds of dollars and waited several months just to see a denial. But don’t be shocked just yet. This isn’t the record.
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It was never easy to get your I-129F petition approved
The truth is that I-129F typically saw denials in the range of 11-15%. However, in some abnormal years, like 2017 and 2013, the rates were higher. 2013 holds the record for 33% denials in two consecutive quarters.
If you go back to the same USCIS publications page, you see a list of previous years rates. For every year, there’s a similar list. Rather than going through one by one, I’ll give you a summary:
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This is unsettling. I mean, I’ve always viewed my fiance’s K-1 interview as the toughest part, but it looks like now the I-129F is about as difficult. And my gut feeling is that it will not get easier any time soon within Trump’s presidency.
But, what about the k-1 interview? Does it get any easier to pass there? Well, I have another article about the statistics on K-1 interview approvals. In fact, this particular article was so popular that it was featured on another law website. You can read it later, but here’s the summary:
K-1 visa interview denial rates also rose significantly. The worldwide rate of interview approval is in the low 80%. Just like the I-129F, the K-1 interview used to be easier to pass. Now, it’s even tougher.
Now, I’m really curious why the the trend is elevating to near-records. And I think you know the obvious answer.
But before we get to that, let me just explain one quick fact. When we say “denials”, these figures don’t account for appeals of denial or withdrawing of cases. But I’m willing to wager that’s a small number.
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Why are I-129F denials trending up?
I’m not sure what happened in 2013. Maybe it was some new immigration policy that got lots of people in trouble. Perhaps some new I-129F requirement that people couldn’t match. Or interestingly, maybe I-129F denials always rise after an election year. Do you know why?
However, we do know what’s the big reason behind the 2017 denials surge.
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President Trump orders “extreme vetting” and background checks on all immigration petitions and Department of State (Embassy). This means it’s tougher to get approved and it takes longer for everyone.
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Criminal history is getting a lot more attention. Remember a new form I-129F was released in early 2017 that requires full disclosure of past criminal history. Perhaps many people are being denied due to some past criminal history?
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Extra scrutiny following the 2015 San Bernardino shootings. Not surprisingly, the approvals figures began to drop after that incident.
So, that’s my hunch why the denials have skyrocketed in 2017. A combination of these three things mean slower and tougher times for us.
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Things that WON’T improve your chances of I-129F approval
Those I-129F fiance petition denial statistics we saw include everyone. Whether you self filed, use lawyers or a filing service. I don’t have numbers to prove it, but I know for certain that using lawyers or filing services won’t improve your chances of approval. In fact, I think the opposite is true — when you self file, you pay more attention and have a better chance of approval.
So, if you think someone has the magic bullet to save your case, think again. YOU are your biggest strength. Although you may get help from an expert, it’s not a good idea to just hand over your entire case to them.
Now, you may be asking, “okay if denials are on the rise, I’ll just avoid the K visa, and just go marry my fiance. Spousal visas get approved easily, right?”
Not so fast. Remember, the USCIS and Department of State do the same background checks for all immigrant visas. So, K-1 visas and CR-1/IR-1 are placed under virtually the same scrutiny. Because both paths lead to permanent residency (i.e. Green Card). And so, they both have the same amount of “extreme vetting”. In addition, CR-1/IR-1 visas take several months longer to process than K visas.
So, it doesn’t help much to switch to a marriage visa just because denials are increasing. Instead, focus on getting better at compiling your petition and making it shine.
How do you do that? In fact, what can we learn from all of these statistics? Because we know it’s getting harder to be approved.
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I-129F petitions with quality are still easily approved
Instead of thinking of this process as just a “visa”, think of it as a “privilege”. Take a deep breath and realize that this process is important. Your future actually depends on it. Think about it… how else will you begin your lives together? or start a family?
Have this mindset and you’ll see where I’m going.
The top causes for most people’s denials are due to a weak case. The USCIS is not as easy going as they used to be. They’re raising the bar and want to see quality. So, here are three ways to put “quality” behind your I-129f petition
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Avoid common mistakes
There are some things couples always do that end up hurting them getting delayed, denied or RFE. Like putting 500 pages of text messages in their I-129F as proof of relationship. Please don’t do that. Other I-129F mistakes include not fully reading the instructions and forgetting to send in required documents.
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Pay attention to ineligibilities, inadmissibilities and red flags
Ineligibilities and inadmissibilities are “technical” reasons for K-1 denial. Like, overstaying on a tourist visa may get you in trouble. So, be sure that you don’t have some documented violation. If you do, get it fixed immediately to avoid a costly denial.
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Don’t rush to put together a weak packet just to mail it out the door
Spend a few more days to review it. Make sure your details are correct and that you are crystal clear with your case. Check out my step-by-step I-129F guide when you’re ready. This guide will hold your hand and walk you through the process top to bottom.
If you feel the urge just to mail it out prematurely — ask yourself, would you spend a few more days to polish up your I-129F and confidently mail it out? Or would you rather rush to send a weak I-129F and then wait several months in anxiety praying everything works out?
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These three points are important to grasp and they directly affect how your case develop. The more care you take in preparation, the better results you get. Best of all, you don’t feel anxious every moment thinking about denial. That’s because you know you did a great job on the I-129F packet. And it’s just a matter of time before approval.
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How do these I-129F statistics affect your approval?
So, let’s get down to business. How does all of this matter to you? Should you even care if denials are increasing?
Let me clarify something first. The USCIS hasn’t introduced some new rule or requirement which is getting people denied. Nope — same rules and same requirements with a slight attention to criminal history. Even with criminal history, they’re simply asking you to supply more information. Not that it’s going to get you denied. Again, no new rule or requirement. So, what’s driving the denials?
What they are doing is ENFORCING their rules more. Meaning they’re not letting people slip by as they used to before. Like I’ve mentioned before, they’re raising the bar. In effect, what they’re saying is “prove that you want it.”
Which goes back to my motto “the K-1 is a privilege, not your right”. Treat it like that and you’ll see great results.
Again, pay attention to your I-129F, back it up with quality and good evidence. If you follow these rules and you’re eligible, then you will see approval. Want me to guide you on I-129F approval? Check out my I-129F guide. It will hold your hand and show you how to craft a winning I-129F petition.
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What do you think about all of these statistics? Write a comment below…
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Hi, I’m Prem…
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When is the petition considered “filed”?
We received a rejection notice (missing birth date) and rectified the error and resubmitted the same I-129F again along with the notice they indicated we should include.
We had our passport photos taken when we were together over the holidays (dated January 5th) I’m worried that the pictures won’t be considered valid anymore if received and reviewed after Feb 5th. Should we have taken new pictures and submitted those?
Sara,
The petition is considered “filed” when it’s postmarked by the postal service. Regarding your passport sized photos: I wouldn’t worry about that. Although it says that your photo should be from the last 30 days, generally we’ve noticed that the USCIS accepts your photo as long as your facial features haven’t dramatically changed.
-Prem
My fiancé is in the Philippines and we filed the petition and received the receipt in April 2018. Now we are coming up on 10 months and the only thing I have got from USCIS its delayed due to security checks.
I do have old criminal back ground and last recorded offense was 2009. I gave them explanations of each case as much as I can recall. Some dated back when I was 17 years old.
I am worried and frustrated. If you have some input will be greatly appreciated.
Thank you,
My fiance and I are planning to start putting together our packet. Neither of us have any criminal record and have been best friends online (met on a game) for about 8 years and have been together just over a year (although “officially” on facebook since February of 2018)
I noticed you mentioned not to submit a bunch of pages of text messages between each other. What are some other things besides photos and plane tickets that we could submit to help make our case stronger?
I am very stressed about this process, and just want to be sure we make a strong case for our legitimate relationship.
Also, I was previously in the process of submitting a k1 visa with an ex but we never actually filed. Will I have to disclose this or will this have any effect on whether we get approved?
Thank you!
Hello Karmen,
Congratulations on starting up the K visa process. Yes, I do mention that text messages are secondary evidence and don’t hold the same potency as primary evidence such as photos, meeting family, etc. There’s a bunch of other proofs you should frontload with besides texts, video calls, phone records. I understand the stress behind getting this entire I-129F packet perfect. It takes lots of good evidence, good paperwork and statements to get this right.
I suggest you seriously consider taking the I-129f step by step course which teaches how to strengthen your case with different types of evidence and statements.
Also, if you previously worked on a k-1 but never actually filed the I-129F to the USCIS, then to me that doesn’t “exist” because it was never submitted. However I may be misinterpreting what you’re asking. So, why don’t you read up on the topic of multiple filings here: https://www.visatutor.com/do-past-petitions-hurt-my-current-fiance-k-1-visa-case/
-Prem
Hi my i129k got sent back to me with a missing birth date…… and it’s the only thing that is listed as missing, can I just input the information and submit the same package? Or do I print out the whole thing. The bottom of each page is stamped with a series of numbers.
Hey Justus,
Yes, generally when the USCIS or lockbox facility sends back a rejected I-129F and they list the reason why, you can fix the error and send them back the same packet. It’s okay if the bottom is stamped. You can fix the error page and send the documents back.
-Prem
Hello,
My fiance overstayed her 90-day VISA by 2 days. We are filing the K-1. Is there anything specific that needs to be added to the application? Will it be a big problem/grounds for denial? I’ve seen things that said if its less that 180 days, it isn’t a ban. Please let me know! We’ve reached out to a lawyer 2x and haven’t received an answer.
Lindsey
Hi Lindsey,
Usually it’s a problem if you overstay past 180 days. 2 days is rarely a problem. In any case, the consular officer will inform you if there is an issue (which I doubt for overstaying 2 days). There’s nothing you have to do in addition to the routine paperwork.
-Prem
We are filing our I-129F by next month. We are just worried because I was denied of a tourist visa 4x (2004, 2015, 2016, 2017). My USC fiance has a civil restraining order (ex-wife felt threatened by a poem he posted in his social media page). How will this affect our application? Thank you.
Hi Jill,
Tourist visa denials usually don’t negatively affect the fiance visa petition (https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/) unless there is some kind of inadmissibility or ban.
Secondly, if your fiance has some sort of restraining order, then he will have to disclose that in his I-129F petition where they ask for criminal history. You can find out more here https://www.visatutor.com/129f-k1-fiance-visa-criminal-records-petitioners/
-Prem
How accurate is the USCIS processing time. My I-129F application was received on August 6th, 2018. When should I anticipate the decision. It’s at the California Center.
Hey there,
If your case was recently received by the USCIS, then you can expect your case to fall within the 7-month timeframe most of us are experiencing.
-Prem
hello my ten year bar expires on the 19th of February 2019 and i have received an approbed k1 visa pettion from the father of my 4 children, a teenage time love. I want to know if i still can go to the interview set on the date of august 29th 2018. I am really worried that my case will be denied and i am away from my children for 2 years now; thank you
Hello Fatima,
In all likelihood, you will be allowed to still undergo the K visa interview whenever you choose. Like I said, the officer may allow you to submit a waiver or he/she may allow you to wait until the bar is over. That’s really up to them. We won’t know until you actually go to the interview. I suggest you contact them and ask them for advice. Perhaps they’ll say you should still come. I’ve seen that happen before.
-Prem
hello i have been approved for a k1 petition but overtsayed i have 6 months left to finish my 10 year bar. Can i report my interview appointment to february 2019 date of my 10 year bar ending
Hello Fatima,
If you have an immigration violation before the fiance K-1 visa you must report it during the interview. They will obviously know about it. However, you can ask for a waiver I-601 for your past overstay. The officer may allow you to request a waiver to have it forgiven. Or the officer may allow you to postpone it until your bar is over. With only a few months left until your 10-year bar is over, I believe you will be allowed to submit a waiver.
-Prem
Thank u prem that was hellpfull .. but i have a thing should i send all the documents before i make a delay for interview or i can send it when anytime as i can .
Thx again
Glad to help Waleed,
Keep in touch and let us know how your case progresses.
-Prem
Hi Prem
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I just wondering if i can Delay my k1 visa interview until march/2019 .. i got the approval letter from USCIS but they put an expire date on it its in 17/nov/2018
So my question is did that expire date mean that i can’t delay my consulate interview until march/2019 please answer me if u have any idea 🌹❤
Hello Waleed,
Technically, you can delay your K-1 visa interview for a long time. After you get an approval, your I-129F has a 4-month validity. However, this can be extended if you write to the US Embassy and ask them to extend it for four more months. In which case, the US Embassy will extend your approved I-129F for four months. You can repeat this step several times. In the meantime, you must correspond with them and let them know you still intend to have the K visa interview but you cannot do so now. They will work with you to keep your case active. The most important thing to do is inform them that you want to have the interview but not immediately. They will let you know your options of how to get it extended. Then you will keep in touch with them routinely to remind them that you’re still intending to interview in March 2019. I’ve seen some couples extend their case for several, several months after I-129F approval.
-Prem
Hi ..
I have got the approval NOA from the USCIS few days ago .. but i have a one problem i was have an issue got me in jail for 1 month since 2015.. my issue is that i ( insult the president) so now i went to the Ministry of Justice to prepare my clear creminal history .. so they refuse to give it to me they say i can’t get it before March/2019 .. so what should i do when the Council ask about thw clear criminal history certificate ?! Could it make my k1 visa denial even of its not a crime or something in USA ?? Please if you have answer help me 😔
Hello Waleed,
Which country are you referring to? In any case, if you suspect that you’re not going to get your Police Clearance in time, you will have to let the US Embassy know about it. You can write to them or call them. You can show them proof of how you tried contacting the Ministry of Justice but they’re not cooperating with you. Insulting the president is probably not on the list of moral turpitude crimes that make applicant’s inadmissible. However, since you have served jail time, then the PC is mandatory from your country and probably not be waived. Your best option is to inform the Embassy and ask if they’ll allow you to conduct the interview without the PC. Let us know what happens,
-Prem
I have previously filed the I-129F packet for and arranged marriage but I fell in love with another women. I withdrew my first application a couple months ago and I’m getting the current one ready now. will the previous petition hurt my chances of getting the new one approved? and does being in the military help these cases?
Hello Kevin,
The likelihood of approval doesn’t depend on a withdrawn application. However, probably the real thing you need to look at is being a “multiple filer”. Since you’ve petitioned another I-129F in less than 2 years (although withdrawn), it may be subject to the “multiple filer” category. That’s where you have to submit a waiver so you can file again so quickly.
In my I-129F online course, I teach exactly how to figure out if you’re a multiple filer, then how to draft the waivers and submit evidence to help get approved. You can see it
-Prem
My fiance is from Algeria. We are not sure if we should get married in Tunisia and apply for spouse visa or do not fet married and apply for fiance visa. He keeps saying that if we go with fiance visa it is only 10% chance of approval since he is from Algeria? He said it is 90% chance of spouse visa being approved. Is this true? Also to get a green card I thought it took at least two years of living in United States before you can apply? For spouse visa it is saying that they would get card when they arrive?
Hello Hannah,
As you know, statistics are… well, statistics. The chance of approval/denial of your case depends on your case. Like I tell everyone, you can easily pass the k-1 interview even with red flags and within a high-risk fraud country. Or you can easily be denied in a low-risk fraud country without any red flags. It depends on the merits of your case. However, speaking from experience it’s usually easier to pass the spousal visa due to your intent to migrate (and bona fide relationship) are already demonstrated.
As for your other question, the spousal visa IR or CR get permanent residency (Green card) upon arrival. For fiance visa applicants, you have to file for Adjustment of status to get a Green Card. There’s no such thing as having to wait 2 years before you can apply for a GC.
-Prem
Thank you for all the info..I would ask what exactly I need from my benificiary for her to send me to go along with my i-129f info on my part to the USCIS.I know the letter of intent and the 2×2 photo,but what else precisely?
Hi Robert,
That’s a great question, however, I must be cliche and say that it depends on your case. You see, your case may need some documents that other cases may not.
For instance, if your fiance is divorced, then you’ll need her divorce documents. If she’s not, then you don’t need to submit anything regarding past marriages.
Another example, if she’s had a legal name change, she’ll need to send you court documents to show a legal name change.
It all depends on your case. What I suggest is that you download the I-129F checklist and go through one by one and figure out if it applies to you two. That’s the best way to determine what she needs to send to you.
However, at the minimum, she sends you the letter of intent to marry and passport style photos. Hope this helps. I encourage you to download my 14-point I-129F checklist and go through it line by line.
-Prem
Is Government shutdown going to slow the process? My file date is 6/5/17 so I am almost there for my fiancée- the website says CA office is working in petitions received after 6/1/17 – I am thinking will find out soon-
Hi Chris,
Thanks for the interesting question. I looked it up and it seems that the USCIS won’t be affected by this shutdown as far as I can tell. Even if it is, I presume that it’s a minimal disruption. Hopefully the adjudication of I-129f petitions won’t be disrupted. Did you find anything else on this matter?
-Prem
My finance’s mom want to right affidavit of witness for our case but she doesn’t know how to wright it well and more professionally.could you guys please give me a hint or give me a sample ? My interview day is very soon. Thank you
Hello Bruce,
Yes, here’s a link on how to write the Statement of Witness and a template for you to follow:
https://www.visatutor.com/witness-affidavits-help-k-1-visa-cases-red-flags/
-Prem
Hi,
My fiancee and I have a common bank account abroad. Can it be one of our evidence of relationship?
Hey Joe,
Having a common bank account is good evidence of co-mingling and relationship. You’re allowed to put that in your I-129F or bring to the interview.
As you mentioned don’t put 500pages of text message? What should you put them as minimum?
Hello Alia,
There’s no exact answer to this. There’s no minimum or maximum. However, from what I’ve experienced, no USCIS or Embassy officer will sit through and verify that hundreds of pages of text are yours. In fact, I think it hurts your chances of approval because it makes you seem “desperate” to get an approval by stuffing your packet with transcripts of your texting.
This doesn’t mean you shouldn’t include any text messages. On the contrary, I think they’re good — but within limit. The amount you include depends on your case.
-Prem
Uscis says the avg waiting time is 150 days not sure why is taking so long Mine has been there for 130 days waiting fiancee from Ecuador Thanks for the info
Hi Gabriel,
Thanks for the update. I’m glad you enjoyed reading. Keep in touch.
Thank for posting this information, it is really helpful. I am the Fiancee from The Netherlands.
We filed August 26 2017 and we hoped to hear something by the end of February (180 days) but it looks like the USCIS will not make that deadline (180 days). They are working on petitions filed in June 17
We filed a clear case (we think), hopefully we will not be denied.
Thanks again.
Hello Missy,
I’m glad you enjoyed reading and got something valuable out of it. Wow, you’ve been waiting a long time for processing. Just like everyone else, it’s taking a very long time in 2017 and will probably continue in 2018. Hang tight, you’ll be approved soon.
-Prem
Great info- still waiting my visa for my fiancée was received in June 6 2017, still waiting to hear – wondering how long the wait is?
Hey Chris,
thanks!
The wait, as you know, is different for everyone. Nowadays, my readers say anywhere from 5-6 months. If you filed in June, then I hope you see approval within the next few weeks. Check out the full details on the waiting here https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/
-Prem
Have you had an answer yet?
Yes! It got approved like 4 weeks ago approx. we are now completed the DS-160 and the I-134, so we are almost at the interview phase-
That’s good! My fiancé and I are doing the k1 too and they received it in the beginning of October 2017 but we haven’t heard back yet on their approval. Our wedding is planned for this July, and I was just getting a little worried about not hearing back from them