How to Avoid the Most-common Fiance K-1 visa Denial

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Focus on paperwork and proof of relationship before all else to prevent a K-1 visa denial

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Imagine studying for an exam with 20 multiple choice questions. And instead of spending your valuable time on all of them, you only focus on 5 questions — just 5 and ignore the rest.

That’s not a good way to study.

What if I said you’re doing the same thing while preparing for your fiance K-1 visa interview? The most common reason for K-1 visa denial is that we study just 5 questions rather than all 20 in the “exam”.

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Years ago my fiance kept stressing over what they’re going to ask her during the K-1 visa interview…

● What if they ask me x?
● What if they ask me y?
● What if this happens? Or that happens?
● Should I wear blue or red?

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We knew people got denied and didn’t want to end up like them. So, I searched everywhere for help. People had different opinions. Some recommended to say “good morning” and smile at the interview. Others said make sure you bring a resume.

Look, I admit these things can be helpful.

But I discovered that we blindly focus over the wrong things altogether. There’s something that accounts for 76% of denials that we don’t pay enough attention to.

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The most common reason for K-1 visa interview denial

The most common reason for fiance K-1 visa denial is 221(g) missing documents and being unprepared. The includes lack of bona fide relationship evidence (meaning they suspect you’re not genuine).

It’s when the officer doesn’t have enough information to make a decision. It’s the single biggest denial given for immigrant visas. That’s almost 254,000+ denials out of 332,000 which is over 76% (from DOS statistics).

Meaning people are denied for being unprepared or not convincing enough. Now, imagine spending hours rehearsing 500+ questions/answers — but in the end, you don’t get a chance to use any of that because you didn’t even make it past the first round.

Exact statistics aren’t available to back up this argument for fiance K-1 visa denials. The best we can do is compare them to immediate relative visas which are most closest in nature (like spousal, children visas, etc). So all of this is an educated guess.

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But still you can see it’s a repeating theme.

In addition, this 221(g) is also a “catch all” denial. The officers resort to it when they’re not convinced of your visa approval even if you have the full paperwork in your hands.

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● Maybe you’re missing translations, original documents, etc and they must wait for you to submit it.
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● You didn’t bring enough evidence to prove you have a bona fide relationship or there are too many Red flags – not enough evidence to convince them otherwise.
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● They’re not convinced you should be approved and they want more time to review your denial (Administrative processing)
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● Heck, sometimes they even issue a 221(g) because it’s a “lighter” denial rather than giving you some future inadmissibility (like misrepresentation). That’s considered getting off easy.

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How do you prevent a 221(g) denial?

The solution is apparently simple: Before anything else, make sure your documents are 100% complete and your proof of relationship shows you’re genuine.

Download and print out all the instructions one by one. Take your pen and write notes on each. Which ones do you have? Which ones do you need? How long do each of them take to get?

Then…

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❒ Review USEmbassy.gov for K-1 visa instructions.

□ DS-160 – is it filled out correctly and submitted?
□ Medical exam report – on time and full?
□ Police clearance report – on time and full?
□ I-134 Affidavit of Support – Full explanation, filled out correctly?
□ Others… like divorce documents, child custody agreements, etc.

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❒ Follow UStravelDocs or Ais.USvisa-info instructions

□ Visa payment – on time and full
□ Selecting correct Embassy – the right location & schedule

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❒ Present convincing Bona fide relationship evidence

□ Visitations
□ Family involvement
□ Any children
□ What proof do you have of all these?

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Unless these things are done, don’t start looking for “tips” online.

Look, I know you may drop your head and say “is that your big solution, Prem? I know how to fill out my papers. I can read instructions.” And you probably want more juicy tips / shortcuts for approval.

But think about it… if it’s so easy, why don’t we see more approvals?

It’s like how advice for saving for retirement is so simple — save monthly and invest it in your 401K — yet half of Americans don’t have enough by retirement age.

Just like that, if 76% of denials are due to missing paperwork and inadequate proof, why don’t people get the easy stuff right? (read the top tips for the fiance visa interview).

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When K visa denials happen

That’s because we’re all attracted to tips and shortcuts that seemed to work for someone else. It may work for others, but you shouldn’t try to copy them.

Instead, read your own K-1 visa packet instructions. Follow them word for word. If you have questions, ask the US Embassy directly about your K visa-related questions. Then you can research online (like on my blog).

Do all of this before you start thinking about the questions/answers, tips, or the color of the dress you’ll wear.

Otherwise the consequence of 221(g) are…

• ■ Delays – Administrative processing (AP) with an indefinite period of waiting. They sometimes take days, weeks, or even months.
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• ■ Denials – even after a long hold with AP, if they’re still not convinced of your eligibility, you may end up denied. If so, your case is sent back to the USCIS for revocation.

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For those who are refused and placed into AP, only about half end up ultimately being approved — but not after a long battle with the consulate. That’s known as “waived / overcome”.  It’s a bad experience for all the couples who have the misfortune.

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(You can find out more about Fiance K-1 visa statistics)

Bottom line is: you can never over prepare with paperwork. The more strong supporting evidence you have, the better outcome you’ll have.

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Other Minor reasons for visa denial

The 221(g) is the big behemoth, but there are dozens of other official reasons for K-1 visa denial. Things ranging from fraud all the way up to past US overstays. However, these make up a smaller percent (25%).

Of these, the more cinematic ones are: immigration violations and Fraud (misrepresentation). Ironically, these make captivating stories, but they don’t happen often.

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❒ K-1 visa Immigration violations 212(a)(9)(B)

□ In 2017, nearly 45,000 immigrant visa denials were due to overstay violations (coming in at 15%).

□ Solution to this? Wait until your bar is over or request a waiver. According to statistics, it looks like most people get their waivers approved.

❒ Misrepresentation 212(a)(6)

□ Immigrant denials in 2017 were 5,862 (weighing in at 2%). Two percent of people were found to be lying during interviews or submitting fraudulent paperwork. 

□ Solution to this? Don’t do it. Although waivers may be available, they’re usually not approved as it’s hard to disprove an accusation like that. Don’t risk your chances. Just be honest.

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The burden of proof is on you

I’m sure you’ve heard of “innocent until proven guilty”. It means that you’re innocent until you’re proven guilty by evidence by a fair trial.

Did you know that archaic laws were the other way around: “guilty until proven innocent”? Which meant you had to prove your innocence if you were accused of anything (burden of proof was on you).

Funny, that’s exactly how the immigration system works. You’re considered ineligible for a visa until you prove that you qualify (yes, that’s law — the burden of proof of YOU). The officer doesn’t have to justify a denial — but you have to justify an approval.

So, treat the K-1 visa process like a privilege. Make sure that your first goal is to get paperwork done correctly and completely.

The best two things you can do to improve your chances of K-1 visa approval are: (1) Make sure your documents are 100% complete and (2) focus on proving a bona fide relationship. 

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