The K1 visa, also known as the fiance visa, receives the same amount of scrutiny as any other immigrant visa for entry into the United States. The applicant's status of a bride-to-be does not make the reviewer go easy on the visa request, which means the visa can be denied for the simplest of reasons. This often comes as an unpleasant surprise to the applicant. Because of this fact, it is important to retain a K1 visa lawyer before even filling out the paperwork to come to the U.S.
The situations that can cause a denial are easily avoidable, but unless the applicant knows what and what not to do, a mistake that results in an application denial is a reality. This is where the fiance visa lawyer comes in to guide the applicant through the paperwork. The K1 visa lawyer is familiar with each and every one of the reasons for denial and has the knowledge to increase the chances an applicant will get past the review process successfully.
Following are some of the reasons for denial of an application:
- Not having the correct paperwork. Submitting the wrong form is going to trigger a denial.
- Missing documents. Submitting an application without all of the required documents is grounds for a denial.
- Fiance misrepresents his or herself during the interview with the consular officer. It is entirely possible that a simple misunderstanding stops the application process.
- Applicant does not do well during the interview, causing the consular officer to question the nature of the relationship.
- A large age gap between the couple involved. There is no age limitation for the K1 visa, but officers still have the ability to deny the application on an age gap.
- Very little contact or communication in the year leading up to the application and have not seen each other for any length of time after applying for the K1 visa. Not spending much time together sends up a flag to immigration that the application is possibly being used as an avenue to get someone into the country for other reasons.
- Not enough evidence of recent daily contact. This falls into the same area as the couple not spending enough time together.
- Applicant has poor English skills or both parties do not speak each other's language.
- The U.S. sponsor does not have enough income or savings.
- Criminal record.
- Applicant has a serious medical condition that is contagious, such as tuberculosis.
As mentioned before, many of these issues are easy to avoid, but the couple may not be aware of them all. A fiance visa lawyer is fully knowledgeable of what can go wrong with a K1 visa application. He can help the couple by making sure all of the paperwork is correct, how to handle the interview and can field any questions from the consular officer that is handling the case. A fiance visa lawyer assists in ensuring the application process moves smoothly.