Immigration Lawyer Blog
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the top five reasons K-1 visas are denied and what you can do to avoid these common pitfalls.
Want to know more? Keep on watching for more information
Overview
Imagine this, you have just finished your K-1 visa interview and the Consular officer hands you a letter stating your K-1 visa has been refused. You leave the interview asking yourself, what do I do now?
The good news is you’re not alone. In the majority of cases, applicants may cure any defects in their applications and continue with visa processing. However, it is important to know the application process ahead of time to avoid finding yourself in this situation.
Top Reasons for K-1 Visa Denial
#1: Not having enough evidence of bona fide relationship
The most common reason for K-1 visa denial is where the couple does not provide enough evidence of a bona fide relationship.
A bona fide relationship is one that was entered in good faith and not with an intention to deceive. A fiancé visa applicant does not have a bona fide marriage if he or she entered the marriage solely to receive an immigration benefit from USCIS. Immigration officers are trained to identify fraudulent or “sham” marriages where either party or both parties have entered the marriage simply for the green card applicant to obtain his or her permanent residence in the United States, without any sincere intention to live together in the same household or form a marital bond. Immigration officers search for inconsistencies in any answers provided by either party to the marriage, and carefully scrutinize supporting documentation provided by the couple with the initial I-129F filing.