Previous immigration violations or status in the US (Fiance K1 visa)
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One of the “admissibility” criteria of a Fiance k1 visa is to have a dependable and trustworthy immigration record. Past overstays, deportations, bars, etc. are problematic or Red flags and reasons for K1 visa denials.
If the non-U.S. Fiance visa applicant has previously been to the US or applied for another visa, this will caution US immigration authorities. What was the nature of your previous visits/attempts? and, what was the outcome?
Did you violate US immigration laws in the past (INA 212(a)(6) or INA 212(a)(9))? Unlike other common red Flags, breaking immigration laws are much more difficult to disprove because of the documented evidence against you.
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Previous immigration to the US is a concern
Consulars are mainly concerned with figuring out fraudulent Fiance K1 visa petitions. By questioning your past immigration history within the US, they can make decisions on how trustworthy you are for another visa (or chance at a Green Card).
Some K1 applicants have traveled, stayed or visited the US before. What does this mean to immigration authorities granting you a K1 visa?
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It can mean one of two things:
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(1) You went to the US previously. You didn’t break any immigration laws, overstays, criminal activity, etc. while in the US. You’ve demonstrated that you’re not falsely seeking a visa just for immigration benefits. You are in a truly, genuine loving relationship with your fiance.
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(2) You went to the US and left the country (either self, deportation, expelled, ban, etc) and had violated some laws. Regardless of the actual violation, your current petition will be scrutinized. Did you want to get a Green Card and decided to apply for a fiance k1 visa in order to go to the US? not a genuine relationship.
It can mean one of two things:.
It falls upon the applicant to prove (with plenty of evidence) that your true intentions are to marry your fiance due to love.
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Types of immigration violation history red flags (fiance k1 visa)
For anyone to be in the US legally prior to a fiance k1 visa is not a reason for suspicion/denial. However, if it’s apparent there are one or more red flags in the case, then the Consular will review the case for fraud.
Were you deported? did you overstay? or otherwise had some fraudulent document while dealing with immigration before?
The following is a small list of Types of red flags about immigration history:
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- Previous visa applications
Applying for (or failing to get) other types of visas to the US is not a good sign. If you’ve tried to get a visitor, business, student, etc. visa to the US unsuccessfully in the past, it raises concerns. Does it seem believable that this time your fiance visa petition isn’t just a similar attempt? The burden of proof is now on you to clearly validate your relationship. - .
- Several unsuccessful attempts
Petitioning for various US visas after subsequent unsuccessful attempts or “Adjusting” your status for a Green card prior to your K1 application is a reason for suspicion and denial. Your case can be viewed as sham because in a short time span, you’ve tried many times to get into the US (one way or another). - .
- Overstay, deportations, expulsions, bars, etc.
Having documented deportation, overstay, expel, or barred from the U.S. severally hurts your chances of a K1 visa. Previously residing illegally (undocumented, overstay, etc.) in the US for a certain length of time; working in the US without proper documentation (i.e. work authorization) are all evidence against you. For genuine couples seeking a visa, it’s important that you can clearly prove your innocence and good intentions. You may be barred from the US for some time. You may have to get a a waiver (I-601).
. - Misuse of Visas (or immigration benefits)
The Misuse or exploitation of any visa type will diminish your chances at a visa. For example, overstay on Tourist visa (B2).
. - Entering the US without inspection
(i.e., illegal entry) Illegal entry or even exit from the US. This may get you barred for some time.
. - Using fraudulent documents
Submitting, using, applying with or being supported by fraudulent paperwork when dealing with immigration authorities. Normally, something like this will bar you from even applying for a US visa or adjusting your status within the US.
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It’s advisable to get a professional immigration attorney help if you have a complicated (suspicious) immigration history.
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Hi, prem,
Here is my situation. I was previously on an F1 visa under OPT. During the final year of OPT, I applied for H1 and it got denied on Oct 18th, 2017 ( I was on Cap-gap so my F1 visa ended on Oct 18th) and I applied for MTR appeal for denial and the decision came on March 21st, 2018 as a denial. But since it was taking a lot of time I left around March 3rd to India. So roughly I stayed in the US for 136 after the denial which is less than 6 months.
Now I’m planning to apply for a K1 visa since my fiance is in the US. Will my previous stay in the US affect my visa?
What steps I should take?
Hello Paul,
As you could read in the article, overstays can give people a hard time when pursuing any other types of visas.
The officer analyzing your packet will use their discretion to make a decision on whether your case will move on or not.
My suggestion is to front load your packet with strong good proof of relationship to convince the immigration officers of your true intentions.
-Cris (Visa Tutor Team)
My sister is engaged to a man from the UK. He was here in October of 2018 for 2 weeks and that was the first time they met in person. He was coming back in November for the holidays so he could propose but unfortunately went through Dublin where he was detained and denied entry through his ESTA. She has now applied for the K 1 Visa and has been approved and its going to the NVC. Will they deny him entry again due to this?
Hello Denice,
For ESTA or a tourist visa entry denial at Customs, you can read about it here https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
-Prem
Hi Mr Prem,
I am from Sri Lanka and I’m in a 4 years long relationship with my boyfriend who is an US citizen. We’ve met 4 times in the past 4 years. He and I have decided to tie the knot in June 2020 in the US. We are eagerly looking forward to starting our K1 Fiancé visa in May 2019.
Before we go forward with that we want to make sure we have everything in order. In March 2019 I applied for a B1/B2 visa to the US along with my parents to attend my brother’s graduation, however my visa was denied (apparently no strong ties to my country- was unemployed: My graduation was in April and I had to wait to receive my certificate to apply for a job here). Will my denial of a B1/B2 visa affect my fiancé visa process?
Thank you in advance:) Your blogs are extremely helpful!
Hey Rebekah,
Thanks for sharing your story. Most of the time, tourist visa denials don’t affect the fiance k-1 visa process as long as there was no ineligibility. From the sound of your 214(b) denial (“no strong ties”), that’s the typical denial that they give. You can read the entire discussion here:
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
-Prem
Hi Prem. My beneficiary fiance is scheduled for his interview on 4/25. He comes from a high fraud country & we have one red flag, age difference. I feel that we have put together a great bona fide relationship proof package, in case consular requests it. Also, I front-loaded our I-129F. Do you have any words of wisdom or advice going forward with the upcoming interview? He has a lot of confidence, thanks to your training. The only concern that bothers him is the age gap. We appreciate your input.
Hey Tonie,
Good luck at the interview on the 25th. That’s not too far away. I understand about the high fraud risk country situation as well as the age difference red flag. I see you’ve read through the Age difference red flag . Really, all you can do is to make the proof of relationship extraordinary in terms of primary evidence. Your first goal should’ve been to frontload your I-129F.
In the K visa interview course you’re taking, I also discuss the mindset you have to walk in with, as well as the type of responses to give. Make sure your fiance also watches these videos to understand how to best prepare for the day.
-Prem
Hey prem so I have an overstay violation on a previous student visa and I wasn’t notified until I left the u.s. and tried to return. I tried obtaining a new student visa to finish my degree but I was denied. But I’ve been engaged to my fiancé from April 2017(whom I’ve been with since 2013) and we had our little girl in August of 2017, I’m from the Bahamas how do I go about applying for a k1 visa and waiving my previous violation
Hello Ali,
depending on the length of overstay that you’ve had, you may be barred from the US for several years. The only way to find out is to look at your old records and see what you were denied for in your last attempt. Was it a 212(a) denial for overstay? if so, then how long was the bar to last?
If you apply for a K1 visa now, you will have wait to see if the Consular officer allows you to submit a waiver I-601 for the overstay. This will happen at your interview.
-Prem
Hi there,
I love your site, thank you for providing such a valuable resource.
My fiancé is Nigerian but we met in India while completing programs there. We have one red flag because he tried to visit the US to meet my family on a visitor visa. When he was denied we met in Tanzania, got tons of engagement photos, and submitted the K 1 visa. We have since been approved and have just booked his interview.
Can you tell me at what phase of the process our red flag would be an issue? Would it be during the USCIS approval stage or later when he attends his interview? Hoping we can breathe a sigh of relief here….
My other concern is that when applying for the visitor visa we used a bad agent who advised us to have a male friend provide an invitation letter instead of me so my brother invited my fiancé to stay on the visitor application. We addressed this in our K1 application by explaining that my fiancé would have come to visit for my brother’s graduation from NYU (which is true), but I’m worried it will still appear fraudulent. Thoughts?
Thanks very much for your time,
Cat
Hello Cat,
thanks for stopping by.
Visitor visa denials are not in and of themselves a reason for denial of the K-1 visa. You can read much more details about how tourist visa denials affect your fiance visa here:
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
Your questions / concerns will be addressed there.
-Prem
Hello, Prem. Great blog!
I have a few questions… I met my girlfriend online on a dating website in December 2018 and we’re planning to meet in person in February 2019. I’m an US citizen and she’s Venezuelan. She never applied for a visa before. I’m planning to ask her to be my wife and apply for the K1 visa after we meet. She speaks English perfectly and we have lots of things in common, including perspectives about life and plans for the future.
1) Would it be enough if I meet her family through videocall? Considering that Venezuela is a little dangerous right now and we’re planning to meet in other country.
2) I’m a woman tooa and in Venezuela isn’t widely accepted to be lesbian so not all her family knows about us nor she posts many things on social media, although we’re planning to take many pics when we meet. Would the rejection of lesbians in her country be a problem for the application?
3) Would be better if we wait, for example, until May to apply? Even if we don’t meet in person again?
I think those are our only red flags… and I wanted to know if you think we have a chance to succeed.
Thanks in advance.
Hello Angel,
1. You’re not required to meet family members whatsoever. However, even though it’s not a requirement it’s still highly recommended as a proof of relationship. So if you cannot meet them in person, you’re free to try to provide proof that you contacted them on videocall. It’s difficult to predict if that’ll replace the other proofs.
2. Being an LGBT member doesn’t affect your eligibility of the K-1 visa. I’ve outlined the exact guide for fiance visa LGBT couples. I invite you to read it. I think you’ll find lots of good insights on how to complete your process successfully in a hostile/rejecting country.
3. I’m not sure how strong/weak your proof of relationship is. So I can’t comment on when you should submit your I-129F petition. Rather than a time period, you should aim for making sure the quality is strong enough to convince them of your genuine relationship. You may want to read about “enough” evidence here https://www.visatutor.com/fiance-visa-i-129f-how-much-bona-fide-proof-is-enough-for-approval/
-Prem
Thank you for the earlier response. Though we have 24 years of age difference. He had visited India thrice in the past two years. We both stayed in the same hotel and we have hotel receipts, pictures taken together along with the local news paper which covers the date. We even hired an attorney for this. NVC has now forwarded our visa to embassy and waiting for an update on that.
Thanks Shameem,
Visitations are good and evidence is helpful. In the end, your evidence must convince a skeptical Consular Officer that you’re a legitimate couple who intends to get married. Attorneys cannot help you with that. You will have to do it on your own. In fact, if you read my bio story, you will see exactly how getting legal help actually got me close to denial. You have to prepare, no one can do it for you.
In addition, if you have red flags, be prepared for extra scrutiny during the interview. Has your fiance done a traditional engagement with you? met family/friends? I think you should read the other ‘red flag’ articles I’ve written and consider following that advice.
-Prem
Hi Prem,
This blog scared me a bit. I got the approval from USCIS and even state department forwarded it to the embassy. I’m kind of scared for the interview. My fiancé is 24 years elder to me. Will that be a issue?
Hey Shameem,
Sorry about giving you a fright. That’s not the point of this article. Immigration violations, past visa attempts, etc. are sometimes viewed as red flags under the wrong conditions. They may factor in when the officer is reviewing your case.
Your other issue of K-1 visa age difference is a common red flag. One which you’ll have to have good bona fide evidence to counter. What kind of evidence are you planning on taking to the interview? and how do you plan on answering some interview questions. You may want to check out my ‘red flags’ articles. Start here: https://www.visatutor.com/fiancee-k1-visa-red-flags-of-denials/
-Prem
hi prem, just wanted to find out what my chances are for the k1 interview. i got denied a student visa two years ago based on lack oh home ties and in 2017 i met my fiance and she has come to visit me 3 times since we met. my interview is soon and i was wondering if it would really affect our chances. i have notorized letters from her mum and my parents supporting our marriage and loads of call logs, pics of skype chats with her and my parents plus i and her sisters as well as imessage chats. is there anything else i might add that my help or is that sufficient. thanks
Hello Kaliq,
A previous student visa denial usually has no bearing on a future immigrant visa. However, you may be asked about it during your K visa interview. In my opinion, since you’ve had several years between visa petitions, this shouldn’t trigger a red flag.
Your best option is to supply good bona fide relationship evidence in your favor for your upcoming K visa interview. The documents you’ve listed work well. But the biggest advantage I see is that # of times your fiance has visited you. That will help tremendously. I hope this helps
-Prem
hey prem,
previously i over stay my student visa in Ireland for 1 months due to college closer and i went back to my country and my girlfriend currently living in USA ,she applied K1 visa for me.do my visa chances decreases coz of overstaying my previous visa
Hello Saurav,
Thanks for stopping by. You say you overstayed in Ireland? this will probably not affect your US K-1 visa process. Unless you have a reason to believe so?
-Prem
Hey prem. My fiance applied for a work visa in June of 2017 and was denied. Will this in any way affect our k-1 visa that was filed in april of 2018? We are so frightened as to find out this may raise any red flags about our authentic love and legitimacy we have established over the past 6 months. Including our first ever in person meeting which really led us to conclude our love was ordained by god.
Hi Sarah,
Usually another visa denial does not affect the K-1 visa application. That’s because the US Dept of State treats every visa independently. So, even with a denied work visa, non-immigrant visa, tourist visa, etc. it should not affect your chances of k-1 visa approval unless there was some kind of inadmissibility. I have this entire question fully explained in another article you can read it here:
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
Thanks for stopping by and good luck
-Prem
hey prem !
I’m applying for k1 visa ,but now after reading this i’m very worried because of my immigration history ( denied visa tourist ) please what should i do to prove my true intentions are to marry my fiance due to love?
Hi Eliana,
Sorry to startle you. That’s not what this post was meant to do. If you’ve been denied a tourist visa, it’s typically not a problem unless you’ve been barred from the US. A US tourist visa denial at the Embassy interview or a denial of entry at the border by Customs is usually not a problem for your k-1 visa process. I’m currently writing an article about how/if a tourist visa denial affects your K-1 visa process. Again, the main answer is that unless you were barred from the US (i.e. had violations, overstays, deportations, etc.) then you have nothing to worry about.
Check back in a two, three weeks and I’ll have this article posted on the website. Cheers
-Prem
Hey Prem I have a question, so my fiance’s last entry to the US was under a tourist visa back in 2011, he was 15 at the time and we are both now 24 and im looking to bring him under the K1 visa, do you think that would be a red flag situation?
Hi Karina,
As long as no immigration violations happened with your fiance entering the US, then a previous visit doesn’t affect the current visa process. Do you have a reason for worrying?
-Prem
hey prem thanks for getting back to me and no I have no worries just wanna make sure im not missing any info! just wanna let you know I love your site! I was actually gonna have a lawyer help me out with the paperwork but they were charging me like 900 bucks! and they were asking me for ridiculous paperwork and info, you have really opened my eyes to everything! I feel alot more knowledgeable and prepared going into this 🙂
Hi Karina,
I’m glad you find this site helpful. Spread the word!
Yeah I know, getting legal help is not for everyone. It’s best to learn about the K-1 process and do it on your own. That’s how you can control the quality of your case and make sure you get approved. Keep in touch
-Prem
Thanks for the link!