Why you may not qualify for the K1 Visa process
Whether you are applying for a non-immigrant type of U.S. Non-immigrant visa, such as tourist or student visa, or an immigrant visa, such as marriage visa, the United States government may render you as inadmissible into the country. Your bonafide relationship or marriage to a United States citizen does not automatically guarantee your right to be allowed entry into the country. There are certain qualification requirements regarding individuals who may be allowed entry. The individuals who are refused entry based on not meeting the qualification requirements are commonly referred to as inadmissible.
A certain portion of the fiance visa process includes establishing that you are admissible into the country. You will need to answer certain questions, attend a medical examination and secure a background clearance. Below we will review main categories of inadmissibility. Primarily, these categories constitute criminal, health and security problems. Some categories may be a subject of controversy whereas the other ones are more straight-forward and make clear sense.
MOST COMMON INADMISSIBILITY ISSUES IN THE FIANCE VISA PROCESS ARE AS FOLLOWS:
Prior U.S. immigration law violations. If you have ever been out of status in the United States, entered the country illegally, tried to commit a visa or other type of immigration fraud, have ever been deported from the U.S. or removed for any other reason – it will most likely render you as inadmissible and result in a denial of your fiance visa based on your previous violation of the U.S. immigration law;
High likelihood of becoming a public charge. If your American fiance cannot establish his/her continuing capacity to earn income over time it may serve as a basis for a denial for your fiance visa case; the cosponsor is typically used in the situation, in which inability to serve as a sponsor is temporary rather than permanent and related to a layoff, studies or similar situation. If you have been unemployed for a lengthy period of time and do not show your intention to return back to work – your case may receive a denial based on high likelihood of your fiancee becoming a public charge in the United States.
Health Issues. This includes having a communicable disease (for example – tuberculosis; however – it may be possible to secure a waiver), drug or alcohol abuse or having mental or physical disorders, which are likely to make you harmful to others;
Less common categories include – prior criminal convictions, drug or alcohol abuse, prostitution, involvement in drug trafficking, child abduction, polygamy, moral turpitude crimes, being a Communist or a Nazi, sabotage or espionage.
Crimes that involve drugs and alcohol (this relates to the U.S. Petitioner as well) may render the beneficiary inadmissible as such crime is an indicator to the government officials that the individual could be mentally unstable and potentially harmful to others.
It is important to understand the inadmissibility issues in the fiance visa process and act accordingly in the situations when the denial can be avoided.
Should you have any questions or need professional help and representation in the K1 Visa process, please feel free to call our office at 888-964-7556