3 Most Common Reasons for Fiance Visa Denials

As we’ve said before, fiance visa denial are very low. Even lower if you hire RapidVisa to help. About 95% of all applications are approved, whereas 99.7% of RapidVisa’s customers are approved. Denials are few and far between. But they do happen. Here are some of the most common denial reasons we see out there. Reasons for potential denials are generally laid out in the Immigration & Nationality Act of 1952. These are the most common reasons we see, and are based only on our experience.

fiance visa denials - Insufficient Evidence of Bona Fide Relationship

Determining whether or not your relationship is legitimate is almost completely arbitrary, and based on the consular officer you get. Sometimes, whether or not your relationship is real or not, there are subtle biases an officer may have. These could be anything from your age difference to what vibe they feel during the interview.

Some items that may raise a red flag as to your relationship’s legitimacy:

  • Engaged a very short time after meeting
  • Huge age difference
  • Different religions
  • Severe difference in culture
  • No common spoken language
  • Very little physical time together
  • Poor interview

The best way to avoid the ‘bona fide’ issue is to legitimately have a relationship. Also, keep good evidence during your engagement period, take pictures, get to know your fiance, build a great petition (use RapidVisa – we have a 99.7% approval rating), and have a great interview.

2. Fraud via Misrepresentation

It never ceases to amaze us how many people think they can fool the government and put their futures at risk by misrepresenting themselves in a fiance visa application.

As the law states:

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. – § 212(a)(6)(C)(i) of the Immigration and Nationality Act

Here are some examples we’ve seen of fraud and misrepresentation:

  • Photoshopping or fake photos
  • Falsified affidavits from friends and family
  • Inconsistencies between application and evidence
  • Applying for the wrong type of visa to intentionally circumvent the immigration process
  • Not disclosing medical or criminal history
  • Falsifying income

3. Unqualified

What you’d think would be the most obvious reason to avoid a denial is one of the most frequent causes – Not being qualified in the first place. Often times, this snafu occurs when the applicant thinks they meet a certain qualification but it turns out they don’t. For a list of fiance visa requirements, go here.

Here are a few examples we see related to this one:

  • 2 year meeting requirement
    Applicant starts the petition qualified, but takes their time filling out the information, and by the time they file it 6 months later, they find themselves out of the 2 year meeting requirement. Keep in mind the 2 year meeting requirement is from the date you file your petition with the USCIS.
  • Income requirement
    Either the petitioner’s income changes for the worst during the application, or the numbers just don’t add up via the evidence and the income requirement can’t be met. See our income requirement calculator.
  • Free to marry requirement
    Petitioner or applicant are in the process of a divorce when the application is submitted, however divorce isn’t finalized. If you’re already married, this disqualifies you from being eligible to marry.

Already denied? Here are some things you could do. If you have any questions about the process, give us a call at 1 (800) 872-1458.



Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

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39 Responses

  1. Tom Curtis says:

    Two year meeting requirement: Please explain meaning. Have to have know each other for two years? Wait two years after submitting K1 visa application?
    Thanks

    • RapidVisa Staff says:

      It just means you must have met in person within the last two years. It doesn’t matter if you’ve known each other for 2 days or 20 years, if you saw each other face to face at least once within the last 2 years (of the date of applying), you meet the requirement. If the last time you met in person was two years and 1 day ago, you wouldn’t qualify. You’d need to take another visit trip.

  2. Mitzi says:

    Hi, If we’re unable to meet personally but we have known each other for almost 2 years and constantly talking via Skype would that be sufficient or would need to personally meet ? And for filing the fiance visa would that mean within 2 years of knowing each other or after the 2 years?

    Thanks

    • RapidVisa Staff says:

      Unfortunately, they won’t count Skype, you will need to physically meet to be eligible. The 2 year requirement simply states you must have met in person at least once at least within the last 2 years (of applying). You could meet them today, and apply for the visa tomorrow. But you couldn’t, for example, meet 2 years and 1 day ago, and apply today. You’d be beyond the 2 year mark.

  3. hi says:

    do you process H4 visa?

  4. Jon says:

    Question moved here.

  5. carla says:

    Why does age matters when it comes to who you fall in love with? So my fiance and I would be denied fiance visa because of huge gap in age? Met while on vacation in 2012 and talked on phone every single day after return back to state..went back to nigeria in 2013 spent 2weeks vacation together ..and I have spent last 2years being a bone marrow donor for my son and my fiance has handle it well knowing I could not travel doing this process and now 2016 in 18 days I leave for nigeria for 6 long wonderful weeks in his home..but this site states we would never get approve fiance visa due to age gap..age nothing but a number..we as human can not help who we fall in love with..older women falling in love with younger men all the time..immigration need to get over this…and let people be happy with whom they chosen to spend life time with ..love has no boundaries. .

    • RapidVisa Staff says:

      We’ve seen large age gaps get approved, but the relationship must be rock-solid and leave no doubt in the consular officer’s mind. Many have a better chance actually getting married overseas then filing for a spousal visa, because that is harder to disprove. Best of luck in your future endeavors, Carla.

  6. carla says:

    Rock-solid? Exactly what does that mean? What rock solid evidence needed apart from the normal evidence you submit..think I am confused with the process..but extremely anxious to know what does immigration call rock solid..I just want to know what we are up against ..I really want this to go well..apart from suggesting getting married overseas what can we do to prove our love is strong and most importantly it’s real..we been through it all and yet still standing stronger than ever before…

    • RapidVisa Staff says:

      Carla, this process is frustrating and way too complicated to help through a blog comment. This is why people use our service. We have a 99.7% approval. Sign up with us and call for support and you should have nothing to worry about.

  7. Clare says:

    Question moved to forum.

  8. ivette says:

    What about if I don’t meet the Income required. .???

  9. Angel says:

    Hello Rapid Visa! My boyfriend is an active duty Serviceman in the U.S. Army. I haven’t met him in person yet but he will come visit on July and he will petition me. My question is, how fast will the process be since he is in the Army?

    • RapidVisa Staff says:

      The process is usually 5-6 months on average. Being in the army doesn’t make a difference as many of our customers are in the military. There is mention of expediting for military at USCIS here, however in our experience it might even make your process longer.

  10. Colleen says:

    Hi! My Fiance and I both live in Nicaragua but I am currently still a US resident. We want to file for a petetion so we can move to the US and get married. We will be living with my dad while there- Does he count as the finacial support that they are wanting us to prove?

  11. Carole miller says:

    My son who is US citizen and is living with a woman in Costa rica. They have one child 4 years together and she is expecting again. They want to move to the states to get married in US before she has this latest child. She is due in Jan 22,how long will process take through you?
    Thanks in advance.

  12. Joseph says:

    My fiancée has kids, but are not coming to the US. Does she still have to name them on the Form I-129F? Also I only have to fill out the petition and turn it right and nothing else?

  13. Joseph says:

    Also my fiancée is from the Philippines they do not have divorce decrees how does she prove that her marriage is over?

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Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

Get free email updates when we post!

 


Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

Get free email updates when we post!

 
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