K1 Visa (Fiance Visa)- Why K1 Visa Applications Get Denied Part 3

K1 Visa (Fiance Visa)- Why K1 Visa Applications Get Denied Part 3

Filling out of Visa application is an important process and should be done with care. One must take all the precautions to follow instructions to the fullest. Many times applications are denied because the petitioners fail to give one documentation or another. Hence, they have to go through the process of appealing their case when their application is rejected.

Providing all the required initial evidence:

An appeal was made to the AAO by the petitioner whose application had been nullified on the grounds that he had failed to give :

  • A written statement, by him and his fiancé, stating their intent to marry within 90 days, as the fiancé arrived in the US on K-1 status.
  • A Form G-325 A, Biographic Information Sheet, for him and his fiancé.
  • Passport-style colored photographs of himself and his fiancé.

When the petitioner submitted all the above requested preliminary evidences before the AAO his appeal was approved. However, the petitioner could have saved himself a lot of time and money if he had followed all the instructions written on Form I-129, Visa for Alien Fiance. The instructions on the form clearly demand submission of all the above mentioned documents when the application is filed.

Providing incorrect information:

If you wish to have a hassle free visa process then the best way is being honest about everything. Providing false or incorrect information results in the denial of visa as happened in the case of a petitioner who filed an appeal with AAO. The petitioner’s claim of his travel dates to his native country did not match the travel records provided by the airline. This resulted in his K-1 Visa application for Alien fiance being denied by the director and his appeal being rejected by the AAO.

K1 Visa Fiance Visa- Why Fiance Visa Application Get Denied Part 2

K1 Visa ( Fiance Visa) – Why Fiance Visa Applications Get Denied Part 2

Most people get quite confused when they go through the maze of instructions that they have to follow and a number of paperwork that they have to complete for filing Visa applications especially a K1 Visa (Fiance Visa) . The US immigration laws are clear and firm in this regard. It is essential for the petitioner to follow all the instructions to the core otherwise the Visa application gets denied.

The rules and regulations laid down for filing of K1 Visa (Fiance Visa)are also clear and unbending. The law demands that any US citizen who files for K-1 fiancé Visa should follow all the instructions carefully to assure a smooth and problem free Visa process. We made references to the two cases whose appeals were refuted because they did not follow the correct procedure. One of the appeal was rejected because the law refers that K-1 Visa is only applicable for alien fiancé of US citizens while the petitioner was a lawful permanent resident. Another applicant did not file for Form I-130 for Alien Relative, on behalf of his spouse, and instead filed for Form I-129, which resulted in his appeal also being rejected.

As we progress we will continue to cite various reasons why visa applications get denied and will guide you through correct procedure with reference to the proper law:

Meeting with fiance in two years before filing for K1 Visa:

The law for a K1 Visa (Fiance Visa) requires that you (the petitioner) must be able to prove that you and your fiance have met personally in the two years prior to submission of Visa application. You are only exempted from this regulation if you are able to furnish proof that meeting with your fiance may cause you extreme hardship personally, economically or socially. One must be able to prove that they could not meet their fiance because they suffered from some extreme health condition which did not allow them to travel abroad or that their meeting would somehow violate the religious or social custom in their fiancee’s homeland, which prohibited them to meet before marriage.

Whatever may be the case, the director is the sole authority to decide whether your proof classifies as extreme hardship or not. If it does not than chances are that your appeal will get rejected as it happened with one of the petitioner who filed an appeal with the AAO. The petitioner’s alibi stated that he was unable to meet his fiance, in the two years, because she was working in Saudi Arabia while he took care of his ill grandfather. The director nullified his appeal stating that the petitioner’s grandfather died one year prior to the petitioner’s filing of Visa application and there was also no clear evidence that the petitioner and his fiancé could not have met in the remaining one year prior to filing for Form I-129.

Appeal with the AAO (Administrative Appeals Office) must be filed within 33 days:

According to the US law, if the petitioner finds that their case for K1 Visa (Fiance Visa)application has not been handled properly or the director’s decision is somehow prejudiced then they are allowed to file an appeal before the AAO within 33 days(unless stated otherwise) of issuance of decision. It is clear that appeals are only entertained when filed within the designated 33 days timeframe and any appeal made after the designated timeframe is explicitly rejected. The law also mentions that the date of filing is not the date of mailing but the actual date of receipt. The USCIS case study revealed that a petitioner’s appeal was denied because California Service Center received her Notice of Appeal 34 days after the decision was issued to her.

 

 

K1 Visa Fiance Visa – Why Fiance Visa Applications Get Denied? Part I

K1 Visa Fiance Visa -  Why Fiance Visa Applications Get Denied? Part I

The easiest way to bring your fiancé into US is by applying for K1 Visa Fiance Visa. It is called K-1 Fiance Visa and after the fiance enters US , one should get married within 90 day time period. After the marriage is legalized you can than apply for your spouse’s green card. The process for K1 Visa is not too complicated, if all the instructions are followed and all the requirements fulfilled.  You (also known as the petitioner) are required to fill an I-129F Petition for Alien Fiance along with the required fee and documentation to the USCIS Service Center.

The file is then forwarded to the National Visa Center where initial background checks are run and documents are looked over. This is where many of the applications get rejected. The important thing to know is that you have a right to appeal before the Administrative Appeals Office (AAO) if your application is rejected. But even more important, is that you should understand why your application has been rejected. Our aim is to simplify the law and help you cite the reasons why an application is rejected.

Why are Applications Rejected?

The petition for k1 visa fiance visa is ONLY entertained when you give satisfactory evidence that your relationship is in good faith. You must be able to prove that you two have met in the two years prior to your submission for Visa application and that your intention to marry is genuine and not just for obtaining green card. In addition, one must also have financial evidence proving that they have the ability to support their fiancé. Many applicants fail to furnish any or all of these preliminary evidences due to which their application is rejected.

K-1 Visa is only for alien fiancé of US citizens:

K1 Visa Fiance Visa is provided only to the alien fiancé of US citizens. According to the US immigration law, the K-1 Visa is exclusively provided to the alien fiancé of US citizens, and not to the alien fiance of lawful permanent residents (also known as LPR). An appeal made to the California Service Center was explicitly rejected on the grounds that the petitioner was not a US citizen. If you plan to administer for K1 Visa Fiance Visa, you should first check your own residency status within US.

Petitioning Form I-130 before filing of Form I-129F :

Another US immigration law states that if a US citizen marries their alien fiance, they should submit a Form I-130, Petition for Alien Relative before filing for K-3 spouse visa on Form I-129.  A case study replenished by USCIS shows that, a petitioner’s application for K-3 non-immigrant visa for his spouse got rejected because he did not file a Form I-130 and instead filed a petition for K-3 Visa on Form I-129. Form I-130 establishes the spouse’s status as the beneficiary of the petitioner.

So what is the correct procedure? The correct procedure, according to the US immigration law, is to first file for Form I-130, Petition for Alien Relative, on behalf of the spouse . Only then you are allowed to file the petition for Form I-129F that will enable the alien spouse of US citizen to travel to US.

 

K1 Visa Fiance Visa – The Hurdles and Difficulties

K1 Visa Fiance Visa – The Hurdles and Difficulties

When applying for a K1 Visa Fiance Visa, one has to apply for a K1 Visa Fiance Visa (I-129f), which allows one entry into The United States. This is the only practical way to bring your fiance into America as a K1 Visa holder. Other means, such as trying to bring in your fiance through a travel visa or other visa types can result in severe consequences. People who have tried having other people sponsor their fiances have also run into problems with the US Embassy holding or denying their visa applications. Possessing a visitor visa also lies in a gray area where women have actually been arrested by Immigration and Naturalization officers once they’ve arrived in the US. Deportation and a restriction can be placed on his/her future K-1 Visa Fiance Visa  applications for an extended period of time.

Some people believe that a K1 Visa Fiance Visa is just the same as a Permanent Residence. That is not the case.  As has already been mentioned, a K1 Visa Fiance Visa is just the means of legally bringing in your Fiance into the country. Once in the US, the couple must get married within 90 days. Once married, they can apply for permanent residence of the United States.

A lot of people face issue because they find the forms ambiguous when filling it out for the first time. Others are told that they must fill the forms themselves or through an attorney, but that is not the case.

There are some other strict regulations that must be followed when applying for a K1 Visa Fiance Visa. You must have met your fiance PERSONALLY within the two years prior to your submission of the Visa application unless you can prove that you qualify to waive this requirement. You must also prove the ability to provide financial support to your fiance in order for him/her to come to the United States. You and your fiance must be free and legal to marry. If either you or your fiance have previously been married, you must either be divorced, widowed or have the marriage officially annulled before applying for a fiance visa.

Once your fiance arrives in the United States, you have 90 days from the time his/her passport is stamped to get married in a legal manner. If you do not marry for any reason, he/she will have to return to her native country and re apply for the visa.

Once married within the designated 90 days, it is a fairly simple process to get you on track for Permanent Residency of the United States.