Denial of Fiancee Visa Petition
Should a foreign national seek to marry inside of the United States, a K-1 fiancee visa is required. There are instances though, when the fiancee visa petition is denied. This article will briefly discuss common reasons for denial.
Misrepresentation: Should the petitioner or the fiancee make a material misrepresentation or knows or should know that false information is being provided throughout the visa process, the petition can be denied.
Insufficient Relationship: The parties to the petition are required to prove that they have personally met within the last 2 years and have developed a serious relationship and a very real and genuine intent to marry. They can prove this with photos of them together, airline boarding passes, passport stamps, hotel receipts and phone records. The petitioner should liberally supplement their petition with such evidence and have it available for the fiancee when he or she attends the consular interview.
Insufficient Documentation or Information: If the parties are notified that they have provided insufficient documentation or information, supplementing the petition can result in deadlines that may not be met. This is typically seen in the context of termination of a prior marriage. Failure to submit satisfactory evidence of divorce, anullment or death of a former spouse can result in delay or denial.
Conviction of a Crime: Denial of the fiancee petition can result if the fiancee has been convicted of a crime involving moral turpitude. The fiancee should also have no immigration violations. On the petitioner's side, the International Marriage Broker Regulation Act (IMBRA) should be considered. Non-compliance with IMBRA can also be cause for denial.
Medical Issues: The fiancee must submit to a medical examination, primarily for communicable diseases such as tuberculosis or sexually transmitted diseases. A severe mental disorder can result in denial as might a non-communicable severe physical condition.
Petitioner's Income: The petitioner mustshow a mininum income at least 25% above the poverty level annually set by congress. The rationale behind this requirement is concern that the fiancee not become a public charge.
And Then the Inverview: Preparation of the fiancee for the consular interview is critical. They should be neatly dressed, prepared to answer questions about their relationship with the petitioner and have complete documentation to supplement their answers to questions so as to dispel any doubts about a sham marriage. Well prepared and well documented petitions result in fewer questions and shorter interviews. Inability to answer very simple questions will bring the credibility of the fiancee into issue. If the parties are well prepared, know each other well and genuinely intend on marrying, experience has it that the interview questions will be routine. Like I tell my clients, all they need to do is tell the truth. Its the easiest thing to remember.
About the Author
Christopher J. Stoll is an attorney who has been assisting the immigrant community for over 25 years. He is licensed to practice in the immigration courts of all 50 states and can be reached at www.amimm.net
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