Restrictions for K-1 Visas
Fiancé visas, also called K-1 visas, provide the opportunity for non-citizen immigrants to travel to the United States to marry their citizen sponsor. In doing so, they become eligible for an adjustment of status that may permit them to become a lawful permanent resident (LPR). However, some restrictions apply that may make it more challenging for these couples.
For starters, they must be lawfully married within 90 days of the non-citizen arriving in the United States. Furthermore, the U.S. Department of State generally requires that the couple must have met within two years of deciding to marry, although this can vary depending on certain cultural or extenuating circumstances.
Although these seem like simple requirements, denials may happen for any number of reasons.
Common Reasons for Denial of Fiance Visas
Depending on the situation, there could be several reasons why a K-1 visa is denied. Often, this has to do with a suspicion of fraud or not meeting the eligibility requirements.
Suspicion of Fraud
In some cases, the couple seeking marriage may be suspected of relationship fraud, as in their relationship not being viewed as legitimate. This often boils down to whether it appears as if the couple is getting married solely to obtain LPR status. The two-year requirement was largely implemented because of this reason.
General Ineligibility
The eligibility requirements to obtain a K-1 visa include:
- Being engaged to a U.S. citizen (not just someone with LPR status);
- Proof of intention to marry;
- Meet the two-year meeting requirement; and
- Legally eligible to be married where the wedding will take place.
Not meeting these eligibility requirements may just rely on the sufficiency of the paperwork submitted. This is why it's so crucial to work with an experienced immigration attorney to avoid any missteps that can be the reason for denial.
Let Maney | Gordon | Zeller, P.A. Help You Through the Process
The team at Maney | Gordon | Zeller, P.A. has extensive experience in reuniting families and loved ones through the immigration process. If you need assistance in obtaining a K-1 visa or appealing a denial, we are here to help.
Schedule a consultation with a member of our team by calling (800) 708-4399.
