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Why did the USCIS deny my K-1 visa application?

On Behalf of | May 8, 2023 | Immigration Law

There are many ways to bring a foreign fiancé into the country. One option is to use a K-1 nonimmigrant visa. Unfortunately, just because you filed the necessary documents does not mean the United States Citizen and Immigration Services (USCIS) will automatically approve your request. They might deny your K-1 visa application for several reasons.

True relationship status

Sometimes, immigration officers might argue that you and your fiancé(e) are marrying not to establish a life together but to obtain certain immigration benefits. For instance, they might find it suspicious when the couple does not speak each other’s language, or they have a considerable age gap.

Readiness to wed

The USCIS requires the couple to marry within 90 days of the fiancé(e)’s admission to the country. Providing proof that the wedding is happening within this period, such as producing invites and pertinent documents, might help increase your chances of an approved visa.

Existing marriage

The couple must both be single and legally free to marry each other. You and your fiancé(e) should not be in an active relationship and must be able to produce evidence of any previous marriage being dissolved.

Communicable disease

The USCIS generally requires immigrants to be free of what the Department of Health and Human Services (HHS) defines as communicable diseases of public health significance. They will likely reject your visa application if your fiancé(e) suffers from these specific health conditions.

Criminal record

If your fiancé(e) has convictions of particular crimes on their record, the USCIS will likely decline your K-1 visa application.

Securing a visa for your foreign fiancé(e) often comes with several challenges. Becoming familiar with and understanding the USCIS’ processes and requirements can help you address these hurdles and prevent significant setbacks.