Often asked: K1 Visa Denied?

A K1 visa refusal is the same thing as a denial. It means that the consular officer wasn’t convinced of your eligibility for the visa. Both terms can be used interchangeably. However, if you are told that your K1 visa case is in administrative processing, it doesn’t mean it was refused or denied.

What percentage of fiance visas are approved?

According to the United States Citizenship and Immigration Services (USCIS), around 90 percent of fiancé visas were approved in 2016. In 2017, when President Donald Trump took office, the percentage of approved fiancé visas dropped to around 66 percent.

How often do K1 visas get denied?

According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants. And while eventually many of them are able to overcome the initial denial, some do not.

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What happens if K1 visa is denied?

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. If your K1 Fiance Visa was denied at the Consular level, you can immediately ask for a Consulate General review of the decision.

Can you reapply for a K1 visa?

If you come to the U.S. on a K-1 fiancé visa, given to foreign nationals for the purpose of entering the U.S. and marrying a U.S. citizen, realize that your visa cannot be renewed. You are expected to get married within 90 days and either apply for adjustment of status (a green card) or leave the United States.

Which is faster spouse or fiance visa?

While processing times have gotten significantly better for U.S. Citizens, the K1 Fiance Visa is still quicker and simpler for unmarried international couples seeking to get married. A Marriage Visa is typically more complex, slower and, a more expensive route compared to the K1 Fiance Visa.

How much income do I need to sponsor my fiance?

In dollars and cents, this means that you must have stable earnings of at least $16,910 per year for a two-person household (in 2019) to qualify as financial sponsor for a fiancé (e) visa petition, and you must have stable earnings of at least $21,137 per year for a two-person household to qualify as financial sponsor

Can my fiance visit while waiting for K1 visa?

You cannot reside in the United States on a B-2 tourist visa or on the Visa Waiver Program while waiting on a K1 fiancé visa or K3 spousal visa. However, you can make a temporary visit on those visas.

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What is the success rate of K1 visa?

The statistics show that while the 90.5% of the K-1 visa petitions were approved by the U.S. Citizenship and Immigration Services (USCIS) in the FY 2016, the percentage dropped to 66.2 a FY later.

What is the current wait time for a K1 visa?

K-1 Visa Timeline It takes 6- 9 months (7 months on average) for U.S. Citizenship and Immigration Services (USCIS) to process Form I-129F (technically called the “Petition for Alien Fiancé”), and an additional 4-6 weeks for the agency to send an interview request at the nearest U.S. embassy or consulate.

Can you appeal K1 visa denial?

There is no appeal from the decision of a consular official to deny a K1 visa. Once the K1 visa is denied by the U.S. Consul the standard procedure is for the consul to return the denied petition back to the USCIS for revocation or other action.

Why is K1 visa taking so long?

Backlogs, errors and general delays can happen at any step of the K-1 process. These things can end up costing you several weeks. These are the reasons why the K1 takes so long for many people.

How do I expedite a K1 visa?

The best way to expedite a K1 fiance visa or K3 spousal visa is to prepare the petition carefully, with zero errors. A complete petition will eliminate the need for USCIS to send an RFE (Request for Evidence). A neat petition will help the reviewer quickly process the application.

Should I get a lawyer for k1 visa?

Do I Need an Attorney for my K-1 Fiancée Visa? Probably not. Nearly all K-1 Fiancee Visa applications are approved if you qualify and most people don’t use a lawyer. Just get the forms right and if you qualify, you will almost certainly be approved.

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What happens if my fiance leaves me after marriage on a k1 visa?

After you get married, you have to apply for her Green Card (also know as Permanent Residence or Adjustment of Status). If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.

What happens if you don’t marry a fiance visa?

Unfortunately, if you don’t marry that person, there is no way to change status. There is an exception; if you do end up marrying your fiancé within the 90 days and you file the application, but subsequently break up, then you can pursue the green card without your spouse, as long as the application was filed.

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