Tag Archives: visa denial

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

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E3 Visa Contacts & Further Information

I thought I would do a quick E3 visa summary post around some of the additional information access points you have in regards to the US Consulate interview and the visa application process.

There are two information lines you can call within Australia according to the US Consulate;

One is a paid 1-902-941-641 number which is charged at $1.15  per minute which either has pre-recorded information that is no different to the information you can find on the US consulate website. In my opinion this aspect of the phone line is rather useless as the information given is fairly obvious for the most part or explicitly mentioned on the website and visapoint site about your application process, services and interview. This part is available 24 hours a day.

However within this you also have an option to be connected to a live consultant available between 8:00am and 7:00pm, Monday to Friday Australian Eastern Time. This now costs $3 per minute. If you are needing to call the US consulate this is definitely the more helpful part as you can ask your specific question particular if you have complex issues like administrative processing, visa reciprocity fees, etc. that are not articulated fully on the site.

The second information line is a 1-800-687-844 number which is essentially the same live consultant service as the above 1-902 number but no pre-recorded information. Thus it is only available in those hours listed above. However here you have to give credit card information and you are charged a flat $12 for the call.

I guess the best advice to give if you think you need to speak to a live person about your case then judge in your mind how long you think the conversation could be and opt for the number service accordingly that will give you the best value for money given one is a ongoing charge and the other is a flat rate.

However note they never really get specific on those calls so will not delve into the personal details of your case and are not say like a bank or credit card hotline where you can debate merits of the case or fees with them. They are more informational and procedural and they don’t deviate from that so don’t waste your money if that is your intention as you will only come away more frustrated.

Also they have a general info section you can read in regards to your US Consulate interview. So if you read our US Consulate interview post and this, it will certainly demistify the entire visa interview process for you and help you be fully prepared for the experience. It is a very sterile environment and process to say the least!

Finally you should be aware that if you are refused a visa under either the 221(g) Administrative Processing provision or the 214(b) non-satisfaction of home country ties or visa condition violations, that you do not then immediately subsequently attempt to enter the US on the Visa Waiver Program as you will most likely be refused entry at the US border and be sent home.

CJ

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