If you are going through the process of obtaining a K1 visa, you already know how stressful and complicated it can be. And when you get the news that your visa has been denied, it can be incredibly disheartening. In this article, we will discuss some common reasons why K1 visas get denied and what to do next.

Key Takeaways

• K1 visa denial can happen for various reasons, including insufficient evidence, inadmissibility, and failing to meet eligibility requirements.
• If your K1 visa is denied, you can request a review of the decision, file an appeal or reapply for the visa with additional evidence.
• It is crucial to understand the reasons for your visa denial and address them appropriately when reapplying.

Common Reasons for K1 Visa Denial

Insufficient Evidence

The US Citizenship and Immigration Services (USCIS) expects applicants to provide detailed and comprehensive evidence to support their application. This evidence must demonstrate that the relationship between the petitioner and beneficiary is genuine, and they have the intention to get married within 90 days of the beneficiary’s arrival in the US.

Some common reasons for insufficient evidence include failing to demonstrate that you have met in person within the past two years, inadequate proof of financial support, poor documentation of the history of your relationship, and missing or incomplete forms.

Inadmissibility

There are specific grounds for a foreign national to be inadmissible under US immigration law. Inadmissibility can be due to criminal grounds, security or health grounds, immigration violations, or public charge grounds.

Failure to Meet Eligibility Requirements

To be eligible for a K1 visa, both the petitioner and the beneficiary must meet specific requirements. Some of the requirements include being legally able to marry, being in a bona fide relationship, and not having any marriage fraud history.

What to Do If Your K1 Visa Is Denied

If you receive a notification of a K1 visa denial, you must act fast to appeal the decision or take the necessary steps for reapplication.

Request a Review of the Decision

If your application was denied because of insufficient evidence, you may request that the USCIS reexamine your evidence without the need for a formal appeal. You can provide additional evidence and ask that the USCIS reconsider their decision.

File an Appeal

If you believe that USCIS denied your K1 visa application in error, you can file an appeal. The appeal must be made within 33 days of the denial notice’s receipt, and it must be done on Form I-290B, Notice of Appeal or Motion.

Reapply for K1 Visa

If your application was denied because of inadmissibility issues or eligibility problems, you can reapply for a K1 visa. You must provide additional evidence to demonstrate that any prior inadmissibility problems have been resolved and that you meet all eligibility requirements.

Conclusion

A K1 visa denial can cause confusion and stress, but it doesn’t have to be the end of the road. With proper understanding of the reasons for your denial and appropriate action steps, you can overcome this hurdle and reunite with your loved one.

Useful FAQ

How long does it take to get a K1 visa?

The processing time for a K1 visa varies, and it can take anywhere from six to twelve months.

Can you apply for a B1/B2 visa if your K1 visa is denied?

Yes, if your K1 visa is denied, you can apply for a B1/B2 visa if you want to enter the US for tourism purposes. However, you must be honest about your intentions and provide adequate evidence demonstrating that you will return to your home country before the visa expires.