Love may conquer all but a fiancé visa may still be denied by the U.S. embassy for a number of reasons. All immigrants who plan to marry an American citizen must file an application and be approved for a K-1 visa before entering the United States. Though the process may be slow, most K-1's get approved. However, be aware of possible causes for a fiancé visa denial. Forewarned is forearmed.
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Lack of Required Documentation
Not supplying required documentation is one of the most common reasons for a denial. Required documents include a current passport, birth certificate, police records from the applicant's country of residence, two 2x2 photographs, and a medical examination certificate from a doctor. If you do not provide all of the items specified in the application, you will be denied. If you cannot supply an item because it has been lost or is unavailable, consult the embassy on the proper course of action before submitting the application. You may also want to hire an immigration attorney who can help guide you through the bureaucracy.
Insufficient Evidence of Relationship
Many immigrants have attempted to secure a green card through a sham marriage. For this reason, the embassy will conduct an interview with the applicant before entry into the U.S. to confirm an actual relationship exists with the U.S. citizen sponsor. Evidence such as photographs, joint bank account statements, and personal correspondence should be provided during the interview to prove the relationship is valid. An affidavit of support from the sponsor that promises financial support of the applicant so that he or she will not become a ward of the state also will help. Eligibility for the K-1 demands the applicant must have had physical contact with the sponsor within the last 24 months. Though exceptions can be made to this rule such as for refugees living in a war zone, consult the embassy and an attorney for the best course of action before filing the K-1.
If the applicant has entered the U.S. illegally, overstayed a previous visa, or provided false documents in a visa application, the K-1 will be denied automatically. Other conditions for ineligibility include a conviction for narcotics trafficking in the applicant's country of origin, a communicable disease that poses a significant danger to the public, or a previous deportation from the U.S. Obviously, suspected terrorists or anyone who poses a threat to national security also are ineligible. In some cases, the applicant can submit an application to waive the ineligibility. Consult the embassy's Consular Officer on whether there is a waiver for the ineligibility as well as the details of the waiver process.
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