Tag Archives: marriage visa

K-1 Visa Petition For Fiancee Denial

The K-1 Fiancee Visa permits a foreign national to enter the United States for purposes of marrying a United States citizen. Some of those fiancee visa petitions however, are denied. As a result, it is not unusual to see either of the parties simply give up due to exhaustion and delays with the process.

The most common reasons for denial follow:

Misrepresentation: If either the petitioner or fiancee made a material misrepresentation or knew or should have known that incorrect information was being provided in the visa process, from the initial filing of the petition to the consular interview, the petition can be denied. An innocent failure to provide sufficient information can be appealed or cured by submitting another petition.

Insufficient Documentation or Information: When the petitoiner or fiancee are notified that they have not provided sufficient documentation or information, supplementing the petition can cause time constraints that might not be able to be met. This issue frequently arises in the context of termination of a prior marriage. Failure to provide satisfactory proof of divorce, annulment or death of a former spouse can delay or be cause for denial of a Fiancee Petition.

Conviction of a Crime: A fiancee petition can be denied if the fiancee has been convicted of a crime involving moral turpitude, drug possession or trafficking or prostitution. Moral turpitude can loosely be defined as depraved and vile conduct that flies in the face of honest and moral conduct. The fiancee should also not have any immigration violations. On the petitioner’s side, the International Marriage Broker Regulation Act (IMBRA) must be considered. Non-compliance with IMBRA can also result in denial of the petition.

Insufficient Relationship:
Petitioner and fiancee must prove that they have personally met within the last 2 years and have developed a serious relationship with a genuine intent to marry. Proof can be provided in the form of airline boarding passes, hotel receipts, phone records, passport stamps and recent photos of the petitioner and fiancee together. Petitioners are encouraged to liberally supplement their petitions with such evidence.

Medical Issues: The fiancee is required to submit to an extensive medical examination, primarily for communicable diseases such as tuberculosis. The petition can be denied should the fiancee carry a communicable or sexually transmitted disease. A severe mental disorder can also be cause for denial as can a severe non-communicable physical disorder.

Petitioner’s Income: Petitioner is required to show a minimum income of at least 25% above the poverty level set by congress each year. The intent of this requirement is the concern that the fiancee not become a public charge in the future. If petitioner cannot initially cross this threshold, supplemental or new tax returns may be required.

The Interview: The fiancee’s preparation for the consular interview is critical. They should be clean and neatly dressed, prepared to answer questions regarding their relationship with the petitioner and have full and complete documentation to supplement their answers to questions in order to dispel any doubts about a sham marriage. Well prepared and well documented petitions will bring shorter interviews and fewer questions, but preparation for the questions is again critical. Inability to answer simple questions may bring the credibility of the fiancee into issue, causing denial. Assuming the parties are prepared, honest, sincere, know each other well and genuinely wish to marry, experience has it that the interview questions will be quite simple.

Guest Post Author

Christopher J. Stoll

Green Card Interview Questions & Preparation for Spouses

This post is particularly helpful for the K1 Visa for Fiances and K3 Visa for Marriage.

If you or your spouse/fiance are applying for a green card in the United States, you will undoubtedly participate in the green card interview. This famously strict and regimented process is where a USCIS consular officer asks the newly-wed, or soon to be wed, couple a series of questions. This is something you will need to be prepared for in several ways, not just in the consistency of your answers but ensuring you are providing all the requested documentation. By arming yourself with knowledge and learning as much as you can about the process, you will become more comfortable with the fact that the USCIS is going to dig deep during this question and answer session.

A big part of understanding the green card interview is having a glimpse of the types of questions you will be asked. Of course there is no set number of questions or any specific questions that can be studied. Mostly it will be based off of each individual circumstance with the focus on your relationship and living situation. These will get personal so rule number one is keep an open mind. Some of the question categories may consist of the following:

1. The plans you and your spouse or fiance have for the future
2. Detailed questions regarding the veracity of undergoing the green card process
3. You interests, hobbies or pastimes that you enjoy
4. How you met your spouse or fiance
5. Your work history and current work situation
6. Just about any question pertaining to your life and your relationship

The USCIS consular officer’s main goal is understanding your relationship and working to ensure the marriage is valid. The questions they ask may not seem to have any rhyme or reason, but it is an effort to ensure there are consistent answers from both partners. These questions will get very detailed regarding your personal relationship. Remember that the green card interview questions are in place to ensure no one is abusing the system. Simple inconsistencies or dishonesty are what the consular officer is trying to uncover during your interview.

If you or your spouse answer questions posed during the green card interview in a contradictory way, the consular officer may become concerned and may ask even more pointed questions. It is critical to answer every question as honestly and openly as possible; being deceptive can backfire in a really big way. When you apply for a green card, you are making a promise that the marriage you’ve entered it to has been done in good faith. The INS works to protect its interests – and the interests of the United States government – by weeding out situations where a marriage has been entered in to strictly for the purpose of getting a green card.

Not only do you want to ensure you are answering all questions honestly and openly, you want to be prepared with all the right documentation. Part of the green card interview questions may be focused on asking for specific documents. You should have received a request for documentation when your interview was arranged. These documents are critical to bring with you on the day of the interview. Please be sure to review this list as often as you can and certainly prior to your interview that day. Failing to provide just one of these requested documents can cause major delays in your application for a green card and may even place your chances of getting a green card in question.

Of course, each individual is different from the next, but there is a general list of the types of documents you may be requested to bring with you on your interview day. It is always a good idea to be thorough and check with your local office as well. This way you can be sure one, you understand what you need to bring and two you double check your appointment date and time. The common items requested for the green card interview are:

1. Your green card appointment letter
2. Your passport that will be valid for at least the next six months
3. Alien registration form DS-230 and your application for green card
4. Birth certificates
5. A marriage certificate, if applicable
6. Divorce certificates
7. Two front view – and recent – photographs
8. Any relevant USCIS documentation
9. Death certificates

The best idea to ensure that you are completely ready for your interview is to create a checklist. On it, list all of the documents that you must bring and check them off as you compile them. Include some of the sample questions that might be asked, and practice answering them before going to your interview. Be sure to go through the checklist with your spouse or fiancee to ensure that the two of you are completely ready for the big day.

Guest Author

Sutton Hartnet