• Definition of a Fiancé(e)

According to the regulations set by United States immigration law, the official definition of a fiancé(e) is anyone who receives an I-129F Petition for Alien Fiancé(e) that has been approved. This person should also be coming to the U.S. to marry the U.S. citizen that has sponsored him or her and filed the petition on his or her behalf.

• Both members of the relationship must not have any binding marital obligations. These means that any previous marriages must have been terminated through divorce, annulment, or death, leaving each fiancé(e) free to marry in the U.S. on the date when the I-129F petition is filed with the USCIS. 
• The marriage must also adhere to the laws that are particular to the specific state where the marriage ceremony will happen.

• Possible Redflags/Issues

If processed and handled correctly, the K-1 fiance(e) visa is a highly reliable visa. Nonetheless, quite a few fiance(e)s fail to receive their visa approval on the day of interview and receive an ultimate denial.  Once the Embassy or Consulate denies a visa and returns the case back to USCIS, the denial cannot be appealed.  Couples have the option to refile the K-1 visa petition or get married and file the spouse visa petition

Some of the most common issues, alone or in combination with other problems, that can result in a denial/failure to issue are:

1. Missing documents
2. Incorrect paperwork
3. Insufficient income/savings of the U.S. citizen sponsor
4. Very large age difference between the couple
5. Foreign fiance(e) cannot obtain written consent from the ex-partner or court order for their child to leave the country
6. Poor English skills of Foreign fiance(e)
7. Couple hasn’t spent enough time together in person
8. Couple lacks sufficient evidence of continuous communication
9. Fiance(e) interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen
10. Fiance(e) has relatives or friends in the U.S. who seem to be taking too large a role in match-making
11. Fiance(e) was previously in the U.S. and overstayed the visa
12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status
13. Fiance(e) has a criminal record
14. Fiance(e) has a serious, contagious illness
15. Fiance(e) commits a misrepresentation during the interview (or so it seems to the interviewing officer)
16. Petition includes a document or information that is deemed to be fraudulent

Issues 1 to 5 listed above will usually result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation within a certain period of time or through a second interview. If they fail to do so, the case is denied and the case is sent back to USCIS.

Issues 6 to 10 listed above, which relate to the genuineness of the relationship, will usually result in visa denial and the case is sent back to USCIS.

Issues 11 to 16 listed above involve issues that render the beneficiary inadmissible from the United States, as a matter of law. In some cases, however, the Embassy or Consulate will entertain an argument on the facts that the beneficiary is not inadmissible.  If the Embassy or Consulate decides that the beneficiary is inadmissible, the beneficiary may be eligible to file an “extreme hardship” waiver.

Process:

Here are the main steps in the K-1 process:

1. The U.S. citizen who is sponsoring the foreign fiancé(e) must submit an I-129F, Petition for Alien Fiancé(e) to the USCIS field office closest to the area where the U.S. citizen lives. It is important to note that the I-129F cannot be submitted to a U.S. embassy, consulate, or overseas USCIS office.
2. After the USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and the NVC will send it to the U.S. consulate or embassy after assigning it a case number.
3. Once the U.S. embassy or consulate where the foreign-citizen fiancé(e) will apply, receives the petition from NVC, it will provide the foreign-citizen fiancé(e) with specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé(e) will then be called in for an interview at the consulate for the issuance of a K-3 visa.

Required Documentation

The K-1 fiancé(e) and all eligible dependents who wish to apply for the K-2 visa will need to bring these items to the K-1 visa interview:

• Online Nonimmigrant Visa Application DS-160. There should be one completed application per K visa applicant.
• A valid passport with a validity period that extends a minimum of six months past the intended duration of stay in the United States. Note: there may be exceptions that are specific to each country, ask your immigration attorney for more information.
• The foreign fiancé(e)’s birth certificate
• Divorce and/or death certificates from any prior marriages for both the foreign citizen fiancé(e) and the sponsoring U.S. citizen.
• The police certificate from the country in which the foreign-born fiancé(e) currently resides. The police certificates will also be required from any nation in which the foreign fiancé(e) has lived for more than six months since he or she was sixteen years old
• Evidence of an approved medical examination
• Proof of sustainable financial support to evidence that the fiancé(e) will not financially rely on the U.S. economy.  (Form I-134, Affidavit of Support, may be requested)
• Two (2) passport-style photos. See these photograph requirements from the Department of State.
• Proof that a valid and non-fraudulent relationship exists between both the U.S. citizen sponsor and the foreign fiancé(e).
• The payment for all accompanying visa fees.

To help ensure that all of your documents are completely filled out and to also help avoid any unnecessary setbacks, it is always advisable to retain a qualified fiancé(e) visa lawyer and Wikivisa is the best in such cases!

Our attorneys are always at your convenience when you are in situations that need an expedited response. Call us now or schedule a free consultation with experts!