Mistakes in the K1 Visa Process

The K-1 fiancé visa is one of the most requested U.S. visas. The U.S. Department of State issues the K-1 to the foreign national fiancés of U.S. citizens for the purpose of entering the United States for marriage. Once married, the foreign national may adjustment status to permanent resident (green card holder). However, mistakes in the K-1 visa process can ruin those plans. Minor oversights may only delay the process, but other mistakes can create long-term immigration problems.Although most visa requests are granted, it’s good to know the common pitfalls that caused problems for others. We’ve outlined five of the biggest mistakes in the K-1 visa process. Before preparing Form I-129F, Petition for Alien Fiancé, review these avoidable problems.

Submitting a Poorly Prepared Petition

Sometimes it’s the small things that can significantly delay a petition or even cause a denial. In most cases, simple errors and omissions in the Form I-129F will cause a rejection. Although the petitioner can easily resubmit the petition, it generally creates a significant delay in the K-1 visa process. Each year USCIS rejects thousands of forms because people simply forget to sign them.Take the time to provide accurate and truthful answers on the petition. Read the I-129F instructions thoroughly so that you understand the intent of the question and how your answers may affect the outcome.K1 Visa Guru was designed by civilians like you who went through the process, to make the process of preparing Form I-129F easy and avoid the common mistakes that cause delays and rejections. In addition to your prepared form, K1 Visa Guru provides you with a guarantee to fill out your forms accutately the first time, and give you 1-on-1 support during the whole process.

Not Disclosing IMBRA Facts

The International Marriage Broker Regulation Act (IMBRA) of 2005 is a U.S. law intended to provide protections for immigrants and U.S. citizens. Relationships arranged through IMBs can potentially create volatile situations. Foreign nationals – often women – seek entry to the United States. U.S. citizens – often men – seek a marriage. Unfortunately, the leverage that the U.S. citizen holds over the intending immigrant can be the impetus for some abusive situations. The basic provisions of the IMBRA include:

  • Prohibits the marketing of any client under the age of 18
  • Requires IMB to perform a background check of the U.S. client and share the findings with the information with the foreign national in the foreign client’s primary language
  • Requires that a U.S. citizen disclose certain crimes when filing Form I-129F, Petition for Alien Fiancé
  • Puts limits on the number of times a U.S. citizen can petition a foreign fiancé

The law itself could force immigration officials to deny a K-1 visa. If the U.S. citizen has failed to share information about a criminal history or past petitions with the foreign national fiancé, the disclosure of the information to the foreign national could result in a canceled engagement.Immigration officials will collect the U.S. citizen’s fingerprints as part of the K-1 visa process.

Evidence of Eligibility for K-1

In addition to “being” eligible, the couple must present evidence of eligibility. Failing to present decent evidence of eligibility is one of the more common mistakes in the K-1 visa process. For the foreign national to qualify for the fiancé visa, the couple must meet the following conditions. They must:

  • Have met in-person at least once within the last two years; and
  • Intend to marry within 90 days of the foreign national entering; and
  • Be legally able to marry in the state where the wedding will be held;
  • Have a good faith relationship that’s led to marriage proposal; and
  • Include a U.S. citizen fiancé petitioner (not a lawful permanent resident) that is petitioning the foreign national.

K1 Visa Guru’s service covers these requirements with coaching of what to provide to make sure you include adequate evidence.

Not Being Prepared for K-1 Interview

In addition to the evidence in the I-129F visa petition, immigration officials want proof that your engagement is the real thing. Marriage is one of the most abused paths to permanent residence. Therefore, USCIS and consular officers will look for factors that can be red flags for marriage fraud. Factors that can trigger additional questioning include:

  • Engaged a very short time after initial meeting
  • Significant cultural differences
  • Large difference in age
  • Different religions
  • No common spoken language
  • Very little physical time together

Most people have nothing to worry about. However, it’s extremely helpful to understand the types of questions that immigration officials will ask the K-1 applicant. Some applicants who are surprised by the questions may appear guarded or anxious. Most K-1 applicants will interview without the U.S. spouse. Take the time to review typical questions and be prepared for the interview. Read K-1 Fiancé Visa Interview Questions.

Passing the 90-Day Deadline

Once the foreign national’s K-1 visa is approved and he or she enters the United States, there’s a 90-day deadline to marry and adjust status to permanent resident. This is an extremely tight deadline to plan a wedding and submit some complicated paperwork.The K-1 visa process stipulates that the foreign national must marry the U.S. citizen within 90 days of entering the U.S. For most, this time line makes it difficult to have a large wedding at a popular venue. Coordinating travel for immediate family members will be challenging enough. Therefore, it may be more practical to plan a simple ceremony. If you would like to celebrate with a larger group of family and friends, plan a reception or party at a later date.What’s more, the K-1 visa holder must file Form I-485, Application to Adjust Status, soon after the wedding if he/she will stay in the United States. The adjustment of status package will include other forms as well. The typical adjustment of status package based on a K-1 entry includes the following forms:

  • I-485, Application to Register Permanent Residence or Adjust Status
  • I-864, Affidavit of Support
  • I-693, Report of Medical Examination and Vaccination Record
  • I-765, Application for Employment Authorization
  • I-131, Application for Travel Document

Other Mistakes in the K-1 Visa Process

Of course, it should go without saying that the misrepresentation of facts will result in a visa denial. Being truthful throughout the K-1 visa process is important. Even if immigration officials don’t initially catch a lie, it can haunt the applicant later. For example, at the time of applying for a green card, USCIS officers may review previous visa cases. They will deny the green card if new information makes it apparent that a visa was fraudulently obtained previously. If at any point you feel as though a truthful answer on a visa application make be problematic, contact an immigration lawyer for guidance.

About K1 Visa Guru

K1 Visa Guru provides simple, affordable, guidance through the USCIS immigration applications. We have been through the process,and know what to expect, and will ensure we  prepare immigration forms accurately, avoiding costly delays.  K1 Visa Guru provides a 100% money-back guarantee that USCIS will accept the application or petition. If they reject your petition due to a mistake we made on the petition application we will make it right, and provide you with a refund. We provide support for the K-1 Fiancé Visa Petition (Form I-129F)Application to Adjust Status (Form I-485), and several other immigration services

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Ferra
Ferra
May 12, 2020 6:55 pm

Hello there, This is a very informative article about K1 visa that covers the important dos and don’ts when applying for a K1 visa. I first came to the United States as a student. People say I was lucky to have opportunity to attend college abroad because I got a scholarship. Long… Read more »

Sheddy Ovb
Sheddy Ovb
May 12, 2020 8:10 pm

Heloo Dear thanks for this insightful and educational article on k1 visa. Thiis article is really going to stand as guide on the things to be watchful and careful of when applying for a K1 visa. I think after this global pandemic I will be working our for my nephew’s… Read more »

Awinikistevie
Awinikistevie
May 12, 2020 8:12 pm

One major mistake in the k1 visa is filling in the wrong information. I once had that experience some time ago, when it was discovered that my date of birth does not correlate with the one on my Visa I had to go through a lot of process just to… Read more »

Lizzychris
Lizzychris
May 12, 2020 8:12 pm

Wow! I love you review. I know of a couple who was the husband-to-be was denied visa to be with his wife because they probably were not convincing enough. If I had learn about this post earlier may be it would have made a huge difference. Going through the post… Read more »

Chimmhogevagreenesnr
Chimmhogevagreenesnr
May 12, 2020 8:11 pm

Hello Kelvin! this is a very informative article you’ve got here, I think I now know why my friend’s K1 visa was declined. I have already saved this post so I can show it to him to go through and amend the problem once and for all as it has… Read more »

Skuchmane
Skuchmane
May 12, 2020 8:09 pm

Helooo dear, thanks for sharing these valuable content with us, I practically read it to the end before knowing I’ve done so, because your choice of word’s and writing skills was amazing, as I was almost enjoying it more than the story itself, I already saved this post so as… Read more »

EliteCarol
EliteCarol
May 12, 2020 8:04 pm

I often hear people talk about K1 visas but I didn’t know what it really entails. Thanks to this post though, I’ve been able to garner enough knowledge on the topic. It’s quite helpful to learn the various things that can go wrong when using applying for a K1 Visa.… Read more »

Henderson
Henderson
May 12, 2020 8:03 pm

I have always thought that getting a visa would be easy until I was declined once before and I just thought that it was a very sad issue and although I was later granted the K1 visa, it made me miss a very valuable opportunity at the time. Even with… Read more »

Edwin Bernard
Edwin Bernard
May 20, 2020 3:51 am

This sounds like an amazing and much needed service. It doesn’t surprise me that there is a lot of conditions to be met in order to obtain a K-1 Visa. This reminds me when I emigrated to the US in 1976 it was through a work permit visa. I brought… Read more »