K1 Visa: avoid red flags
A K1 fiance visa, also called a fiance visa or a K visa, allows a non-citizen to enter the United States for the purpose of marrying a current citizen within 90 days after the non-citizen fiance enters the U.S. In order to combat visa fraud, the U.S. Department of State, the agency responsible for issuing visas, trains consular officers to identify red flags and signs of fraudulent activity when reviewing and deciding visa applications. If fraud is suspected, a fiance visa application will be denied.
There are several warning signs that consular officers are taught to identify when reviewing fiance visa applications. By understanding what must be included in the initial I-129F petition, the official visa application and the final interview, legitimate couples can avoid inadvertently sending off signals about their relationship and marriage intentions that can hurt their chances of securing a K1 visa.
For more information about fiance visas and the application process, contact a K1 visa lawyer. Whether you are located in the United States or abroad, our K1 visa lawyers can explain the process, assist you in obtaining a fiance visa, and help you and your fiance begin a new life together. For a free immigration and fiance visa consultation, call us at 1-888-964-7556.
Also, you may watch the following video to familiarize yourself with the subject:
Things to Avoid in a K-1 Visa Application
To detect and prevent fraudulent applications, consular officers receive thorough training on what to look for when reviewing fiance visa applications. Occasionally, legitimate couples who have a bona fide relationship and genuine intentions of getting married are subjected to application denials because their petitions or applications raise one or more red flags that officers find suspicious. To avoid raising red flags and to prevent an inappropriate visa denial, applicants should consider the following points.
Once the I-129F petition completed by the U.S. citizen has been approved by U.S. Citizenship and Immigration Services (USCIS), the non-citizen fiance should begin the visa application process as soon as possible. The overseas applicants must submit their visa applications to the U.S. embassy or consulate in their home country promptly. This application includes multiple copies of required forms and documents, the results of a medical exam, and a visa application fee. After the application is submitted, the non-citizen completes a fiance visa interview.
As a rule of thumb, application procedures should be completed within four months after the I-129F petition is approved. Although consular officers can revalidate the petition and extend the four-month deadline several times, this raises suspicions. The longer non-citizen applicants wait to finalize their visa applications, the greater the risk that the consular officer may doubt the legitimacy of the relationship and deny the visa application.
According to the rules that consular officers must follow, as more time passes agents should be more concerned about the true intentions of the couple. If a consular officer is not convinced about the couple’s intentions of marriage, the guidelines instruct the officer to send the petition back to the USCIS where it will be revoked and subsequent visa applications will be denied. This guideline is most frequently applied when applications have not been submitted within a year of the petition’s approval.
This means that the longer visa applicants wait to submit their documentation, the more likely it is that the consular officer will believe the relationship is not genuine, which can prevent the couple from being united through a K visa. Frequently, there are legitimate reasons why applicants cannot submit the required documents promptly. If you have waited more than four months to submit your fiance visa application, consider contacting a K1 visa lawyer who can create a case and explain your situation to the embassy or consulate in your area.
Discrepancies between the K1 visa petition and fiance visa application raise major red flags. Consular officers are trained to locate discrepancies that raise suspicions, including the following situations:
(1) Visa applicants with minor children who are not listed in the K visa petition.
(2) A previous marriage by the applicant that was not disclosed in the petition.
(3) The visa applicant is pregnant, but no such information was included in the petition.
All facts the visa applicant confirms during the interview should be consistent with information disclosed in the fiance visa petition and the visa application. It’s imperative for the U.S. petitioner to discuss any ineligibilities that apply to the non-citizen applicant. State Department documents say that applicant ineligibilities raise the issue that the petitioner might not be entirely familiar with the personal history of his or her fiance.
If ineligibility factors apply, a K1 visa lawyer can help the non-citizen applicant determine their effect, if any, on the visa application. In the event an ineligibility factor is discovered, petitioners can provide a letter to the embassy or consulate that acknowledges their awareness of the fact. This document can help show the consular officer that the petitioner and the applicant do know each other and that the arrangement is not fraudulent.
Avoid Duplicate Petitions
Never submit multiple petitions for one non-citizen individual at the same time. Multiple petitions completed by different U.S. citizens for one non-citizen fiance is an important red flag associated with fiance visa fraud. In these cases, the consular officer is ordered to return the visa petition to the USCIS for further review. If the visa applicant has a legitimate petition pending from a previous relationship, the couple should request that the original party withdraw their petition. In cases where this cannot be accomplished, the visa applicant should contact an immigration lawyer for legal assistance.
Anyone interested in applying for and securing a K1 fiance visa should contact a K1 visa lawyer for immigration advice. Our K1 visa lawyers can help with the preparation of petitions and applications and provide advice to non-citizen applicants prior to their interviews.
For a free consultation, please call or email us today. Our attorneys will be happy to speak with you about a fiance visa or any U.S. immigration issue.