The numbers tell us denials are increasing
Recent reports from the US Department of State don’t give very reassuring immigration statistics. Unfortunately, it looks like the denials rates are increasing for the K-1 visa.
It’s quite probable that the recent turn of events are due to the tightening security measures, extreme vetting of K-1 visa applicants, and recent change of administration (President Trump’s agenda).
Historically, certain parts of the world see more K-1 visa approvals than others. These trends repeat often. On the other hand, certain nations don’t consider the fiance visa as a popular option. The same trend goes for the I-129f statistics.
Although it won’t predict whether or not your case is approved, it does put the difficulty into perspective. Imagine going into a high-denial Embassy with a host of “Red flags”. What would the outcome be? Take a look and decide for yourself.
General Statistics of the K-1 visa process
Lucky for us, the US Department of State publishes an annual list of statistics about various visa categories. There’s none specifically for the K-1 visa, so we pull the data out of several publications. Data for 2017 or 2018 hasn’t been released yet, so here is the latest of 2016.
You can rest assured that these Official visa statistics are credible and come straight from the source. Let’s take a look at what they mean.
The fact is that more and more K-1 visas are being issued every year. The trends are going up. Besides 2016, year 2014 was also popular for K-1 and K-2 visas. Apparently, it’s one of the types of nonimmigrant visas least issued (in terms of numbers).
This means more and more couples are aware of the K-1 visa. And a higher number of visas are being issued. Doesn’t that sound great?
Actually it is good news, but it’s coupled with some bad news, as you’ll see in the next section.
This is a scary thought and also confusing. How can denials be increasing while the visa issuances are going up?
The truth is the percent of denials have also gotten higher. Even though more and more couples are applying for the K-1 visa. So, it’s a comparison of actual K-1 visa numbers versus denial percentage. Numbers versus percentage.
In the past, the K-1 boasted 98+% approval rates, which was simply astounding.You won’t see high approvals like this anymore, now we’re in the low 80% range.
Examine for yourself the “issued”, “refused” and “totals”. (Remember to add waived/overcome in your calculation for approvals).
Waived/overcome means that these number of applicants were originally denied, but ended up being approved after waivers (or administrative processing).
You can see this table at the Non–immigrant visa statistics page of the DOS. Compare previous years with the latest year. You’ll see a distinct trend.
An important note is that the DOS doesn’t publish individual country’s K-1 visa denial rates. Therefore, it’s impossible to tell which countries get higher refusals than others.
Take a look back at the previous table. The “refused” applicants are those unlucky couples who’re rejected their first time at the interview. That’s an incredibly high 37%. This includes full denials due to inadmissibility as well as those under administrative processing. Out of those 37% rejected, only 55% of those applicants are waived/overcome and approved for the visa.
After approval of their K-1 visa, it seems like no one changes their mind. From the Dep’t of Homeland Security’s website on I-94 Admissions of K-1 visa applicants, almost 100% of the approved visas are used to enter the U.S. In short, it means everyone approved ends up coming to the U.S.
Since the K-1 visa has a short expiration date it must be used within 6 months — which means that the numbers are more accurate for each fiscal year. The slight differences in the numbers are due to the accounting of “fiscal year”. That means visas granted in a calendar year may be used a few months later in the next year.
K-1 visa Statistics by Country
Here are some interesting figures from the different countries and regions around the world. Surely, it’s worth comparing your case with the “typical” numbers of others in your country.
Again, you can verify these numbers from the Report of Visa office (statistics) page of the Department of State (responsible for visa oversight).
The DOS does not publish refusal rates in each country. They only let us know refusals of the total world.
The winner is…
The Philippines (19% of world Total K Visas). Wait, it gets even better. The Philippines is also the highest in Asia with 45% of Asian totals. For a very long time, the Philippines in the reigning champion of Fiance visa approvals.
Let’s take a look at the regions around the world
African nations
Approvals: Had 4,213 Fiance K-1 (and K-2) Visas issued in 2016. Shockingly, some nations had as few as 0-1 visa each year. Nigeria accounts for 26% of the Fiance visas issued in Africa.
Asian nations
Approvals: Had over 18,000 Fiance visas issued in 2016. The vast majority was in one nation alone: the Philippines (45%) of total Asian K visas issued. The Philippines is a popular country where K-1 visas are in high demand. Followed by Vietnam, Mainland China and India.
European Countries
Approvals: Saw a total of 7,414 visas granted in 2016. The United Kingdom (U.K.) receives the highest with 19% of those approved. Followed only by Ukraine with a similar percent.
North America and Caribbean
Approvals: Received 9,903 approved fiance visas. The number 1 position is the Dominican Republic (26%) of those visas. Followed by Mexico, Haiti and Canada.
South America
Approvals: Had 3,755 Fiance visas issued in 2016. The vast majority came from Colombia (42%) of the approved visas.
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October 16, 2018 at 2:43 am on My Top 5 tips for the I-134 in your Fiance K-1 visaHi Prem, Is it necessary to submit an original copy...
October 15, 2018 at 3:30 pm on Fiance Visa’s Top 10 Questions and Answers for 2018Hi Prem, My fiancé and I are currently in the...
Hi Prem,
This is my first time applying for the fiancé visa. My boyfriend and I are both Albanian. I’m concerned about submitting it due to the following
1. He has gotten “arrested” a few times but was never charged with a crime
2. He’s self employed but in Albania there’s no record
3. We have about 5-6 pictures together
4. We have communicated for over a year but we’re not lovey dubby with each other it’s somewhat a cultural thing
I’m hesitant to submit the petition because I’m afraid it’s going to be denied do you think we should wait
Hi Ami,
Thanks for writing to us.
1. If he’s been arrested but not charged with a crime, it may be reflected on his upcoming Police Clearance. We cannot know until he gets a PCC which sort of things will show up on them. In addition, only certain criminal history will get someone denied a K-1 visa at the interview, not all.
2. If he’s self employed, he may have records or may not. There’s hardly a need to show the beneficiary’s employment except for the routine questions asked in the K visa interview.
3. 5-6 pictures is enough to get you going and file the I-129F, however, it’s probably not going to be enough depending on your relationship circumstances. You will have to figure out if you want to wait or file immediately.
4. As long as you have a bona fide relationship, that’s all that counts. You can show proof of it in whichever way you have.
How difficult is it for you two to travel and meet again? perhaps to get further proof of relationship?
-Prem
On September 4th my fiance had his interview and they gave him the white paper stating that he was denied (all based on age). I recently checked the CEAC site and I see that our case is in AP. I would think that if the case was denied that they would have indicated that on the CEAC site and already sent our case back. Im wondering if maybe they are rethinking it and that perhaps we still have a shot. I have already emailed the Embassy in Morocco but no response just yet. Your thoughts?
Hello Mayi,
After the interview, regardless of what they tell you, the officers always go back and review the case to finalize the decision. That’s why you see “AP” after denial. It’s quite possible (although rare) for the Embassy to change their mind after issuing a decision at the interview. Most of the time, the decision they make during the interview is the same as what they finalize. You’re free to email them and inquire about it. Keep checking the CEAC for updates.
-Prem
Hello I have been reading your questions and answers.. One thing I have noticed is that there are no postings for K1 visas She lives in Thailand. We are in the system waiting for approval. Just curious.
Hi Ron,
Thanks for reading. There isn’t much country-specific information from the DOS that we can use to figure out approval rates. The DOS only gives country-specific issue numbers (how many K visas are issued in that country) without reference to total applications or refusals. The only refusal information available is worldwide.
-Prem
Interesting. I think that since Trump took over, the quality of fiance visa has improved. They’re now more focused on the person coming in rather than the quantity just for the sake of numbers. I hired a local lawyer and I live in a heavy immigrant community (to the point that you no longer need to learn English, let alone adapt to American culture) and they’ve been having success rates and approvals.
Hello Raul,
That’s an interesting observation. I tend to agree that the “quality” of fiance visa petitions needs to improve in order to get approvals. There’s definitely more vetting since the our incumbent president took office. But it’s not only that. Even from Obama’s presidency, the trend had been increasing due to increased security and vetting. Trump was just a bigger jolt to the process.
Thanks for sharing your views.
-Prem
For some reason I can not reply to message you replied with. According to his previous “attorney,” she said that she would close his case out. He never had an interview set up with immigration to hear his asylum case and left prior to that ever happening. He left prior to even obtaining his work permit. The place he used for legal services was absolutely horrific and is pretty much the reason why everything for him failed and he had to return. We didn’t ever even receive a receipt from USCIS saying that his application for asylum received, or that his asylum application was withdrawn. So at this point, we have no idea what is even going on with his case and have been left 100% in the dark. I went to another attorney in Miami for a consultation but I feel like I left with a lot of unanswered questions. And I don’t want to keep spending $100-$200 every time I ask an attorney a few questions. I really don’t know what to do to get him back here. I’m afraid of spending thousands between attorney fees and immigration filing fees to end up with him not being approved for either visa. Even worse, I’d be afraid to be married, apply for the visa, and then him be denied for the CR-1 visa. I really have no idea what happens then. Then we’re married and have to live thousands of miles away from eachother? Because I can’t go to Venezuela to live there permanently.
Hi Amanda,
So if his case was closed out, then it seems he withdrew his case or abandoned it. To me, as far as I know, that would’t negatively affect a new visa application. Especially if he didn’t get a work permit and left on his own. And yes, I know some attorneys don’t pay attention and get your case in bad shape (my fiance’s case included). So, you’re not alone.
I would say the first thing to do is get the status of your fiance’s asylum application. You can check here https://www.uscis.gov/unassigned/faq/how-can-i-find-out-status-my-asylum-application for a bit of instructions. Sounds like you may have to write to them or visit their offices (infopass). Again, I’m not an expert in asylum applications so I’m not sure how it affects your future K or CR1 visa situation.
I also understand your frustration about not having answers to these important problems. Because of the variability it’s tough to even take the next step or make a commitment to the relationship if you don’t know that you can be together soon. Let’s communicate offline and see if we can get a handle on this. Email me when you get a chance.
-Prem
My boyfriend and I have been trying to decide if we want to do the fiancé K1 visa or spouse CR-1 visa. He is from Venezuela. While he was in the US, he had a pending asylum application and overstayed his visa by 60 days. However, for numerous reasons, he returned home and is now, of course, unable to return. We have been together since Oct 2017 and were together the entire time he was in the US for 8 months. He is now back in Venezuela and we want to be together still. However, I am afraid that his previous overstay (even though 60 days doesn’t incur the 3 year bar) and due to the fact that he began the asylum process and then left before he had an interview, will cause us a lot of problems. Everything else can be easily overcome for us, as we have hundreds of photos together, communication every day throughout the day, etc. I am a little concerned about traveling to Venezuela to get married due to the situation there, and I am worried that if we marry and I petition for a CR-1, and it is not approved, then we are both married but unable to be together. Then what happens? We have to divorce just because immigration says we can’t be together? I am having difficulty understanding this. We would both rather do the fiancé visa, as it is somewhat faster and it would be much easier for both of us to be able to marry here, but as I’ve read on other sites, it is not as likely to be approved as a CR-1 visa. Any advice that anyone can provide?
Hey Amanda,
That’s a curious situation and I have to say I don’t know the complete answer to it. Do you know if his asylum application was refused because he failed to show up for an interview? do you know if that places a bar on him of inadmissibility? This is one of the rare cases where I say you should consult an attorney to find out your options because there’s a web of complexity in your case. I guess I don’t consider his overstay as much as a negative as the asylum application. I wonder if they’ll see this current fiance/spousal visa application as another way for him to force himself into the US. You will have to thread carefully and be ready for the interview when it comes. Please let us know what you find from your research so we can all learn. Thanks
-Prem
Thank you for the reply and I feel much better! We unfortunately had to call UCIS as our petition is still pending and the nice lady says that is odd as we should have heard a decision by now and she filed a service ticket to see what is going on..we had a rfe that we submitted the required documents and they received it on April 17. The ticket was filed three days ago. Does the pending mean we can be denied and does it usually mean denial? I sure hope not..
Thank you for your advice!
Hello Jennifer,
It’s difficult to tell what the ‘pending’ means. It could mean they’re just backed up with lots of paperwork and your RFE is received but it needs to be reviewed. It could mean they’re taking a bit longer to review your paperwork if something is wrong. There’s no way of telling until you actually get a response. Hang in there, you will see approval soon
-Prem
Is age really a factor in visa denials? Is india hard to get a k1 visa?
Hello VRivas,
Red flags (such as age difference) affect many cases. Especially if the differences are major. I suggest you take a look at this article and get an understanding of how your case fits in: https://www.visatutor.com/fiancee-k1-visa-red-flags-of-denials/ and this https://www.visatutor.com/fiance-k1-visa-no-commonality-red-flag/
Regarding getting a K-1 visa in India. It’s the same everywhere. Pass or fail depends on your individual case, not the country as a whole.
-Prem
Hi! Just curious and nervous..I’m Canadian and was given a voluntary withdrawal last July when I was coming to visit my now fiancee for a couple months. I was told I do not have strong ties to Canada at that time and I had to give a statement and prints. I have the statement still and I was told by Border Security, I am not in trouble but they weren’t going to let me in this time until I prove I have ties to home. I was let in three times since ( secondary screening each time of course). My question is, will, do you think, this will be an issue when I go in for my interview? I’m very nervous because we have come so far and my fiancee can’t come visit me sadly due to an old dui..
Thank you for any opinions and ease my nerves.
Hey Jennifer,
Sounds like you were offered a chance to withdraw your entry application from the US during your visit last July. Which, of course, is the Customs/Border Protection’s version of “helping” you by not stamping you with a denial of entry. You will find most of your answers in this article:
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
It’s where I talk about how an entry denial of a past tourist visa affects the K-1 visa process. In general, a denial doesn’t harm you unless there was some kind of documented inadmissibility or violation. It doesn’t sound like it from what you’ve written. It just sounds like you got the typical I-275 withdrawal form and you got on the flight back to Canada.
-Prem
In your experience is El Salvador a tough embassy for approval?
Hello John,
Sorry, I don’t have personal experience with the El Salvador’s US Consulate. I’m sure you’ll find a couple who’s been through it.
But, I want you to keep in mind: regardless of the reputation that a particular country has (i.e. “hi-risk” fraud or “easy”), the result of your case still depends on your case’s merit.
You can be easily approved in a “tough” country if you meet eligibility and present compelling proof. The opposite can apply to “easy” countries. You can be denied if you don’t meet eligibility or present good proof. It comes down to your individual case.
-Prem
My concern is the difference in language. We often use translators like google. Is it possible they would ask me to be present for an interview to test language communication
Hi John,
A difference in language (or language barrier) is typically considered a ‘red flag’. That’s because it’s difficult for them to imagine that you can have a relationship with someone to whom you use a translator to communicate with. Of course, it’s entirely possible. In fact, many of the readers I’ve personally helped had this exact issue. In the end, if you can show a solid relationship, then it matters little.
To answer your question, Consulates will never require a petitioner to attend or show up for an interview. It’s your decision if you want to accompany your fiance.
To reduce/eliminate this ‘red flag’, I suggest you two take concrete steps to show that you’re trying to learn each other’s language.
-Prem
Do you know of any resources or cases specifically for same sex couples? I am planning to apply for a K1 visa from my fiance in Algeria. We don’t have the option of any other visa because Algeria doesn’t recognize same sex relationships. In looking at the statistics, there doesn’t seem to be a lot of visas coming out of Algeria. I am not sure if this is a lack of total applications or a high rate of denials.
Hello William,
The process for same-sex couples is exactly the same for other couples in the K-1 process. In fact, one of the big benefits of the K-1 visa (as opposed to others) is for those who’s marriage isn’t legally recognized in a foreign country. They can sponsor their fiance for a US visa.
As you know, the statistics are a bit funny. I’ll clarify what the US DHS actually publishes and what they don’t.
They only publish denial data on a worldwide basis. So, we never know the denial rates of individual countries. When I, or anyone else, says a particular country is “hi-risk” fraud, it’s only our opinion and experience. Because we have no way to back it up with actual data.
However, the US DHS does publish data on approved visas per country. But.. not the % of approval or denial. So, you never know if the country has a small # of visas issued because people aren’t applying or because most get denied.
As for Algeria, I would suspect it’s because of a slightly higher denial rate. Besides, the US doesn’t see a lot of visas/traveling from Algerian nationals which leads me to believe that.
In the end… like I say… numbers are just numbers. As long as your case has the right ingredients, then the numbers don’t mean much. Cases are approved based on merit not statistics.
-Prem
Do you have any stats on K1 Visas granted to Moroccans in 2017 and/or 2016?
Thank you very much!
Hello Jeannie,
For all countries, the US DOS only publishes the number of K visas approved. They don’t break down approval/denial rates for individual countries. We only get approval/denial rates globally.
For the fiscal year 2016, Morocco had 289 k-visas approved. In my experience Morocco has been seen as a tough Consulate to deal with for K visas. The stats for 2017 have not been published yet. But, from the trends we can expect it to be no different.
You can review all this information for yourself at
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2016.html
scroll down to table XVII to see visas issued to country.