Although the approval rate for K-1 fiance visas is high, there are times that it goes wrong. There are many reasons a fiance visa can be denied at the very end of the process. Some reasons are obscure, and some are more common. Often times no reason is given right away, or the reason is generalized to a matter of not being able to prove a "bona fide" relationship. In other words, the consular officer has a hunch that you're not really in it for love. Unfortunately, this final approval process is widely arbitrary and up to the discretion of the consular officer. We're not a law firm, so we can't give you advice. The information herein is for educational purposes only.
To avoid denial in the first place, you should:
- Meet all the requirements of the K-1 visa.
- Put together a fantastic petition with great evidence (Hint: Use RapidVisa - We have a 99.7% approval rating and a money back guarantee).
- Be prepared and have a great fiance visa embassy interview.
"That's great, but unfortunately, I'm already denied! What are my options?"
Although getting denied is a huge inconvenience, very costly, and could cause some hardship on your relationship, it's important to know it's rarely the end of the road. Unless you have legal issues, lied on your petition or during your interview, or otherwise don't meet the requirements, you may have a few options.
First, you need to find out what went wrong. It's a good idea to get help. In many cases, RapidVisa can help you, but if you have any legal concerns, you should consult an attorney.
3 Options (In no particular order):
A. Appeal the denial.
Appealing the denial is one option. You have 33 days to file a form I-290B, Notice of Appeal or Motion. There is a non-refundable $630 fee. Whether or not your denial is overturned, this fee will not be returned. To find out more about the appeal process, see our post "How Do I Appeal a Denied K1 Fiance Visa?".
B. Start over with the K1 Visa Pprocess .
Another common thing people do is start over from scratch by re-applying for the K-1 visa. Be aware that your previous denial could play into the whole scenario. If you do re-apply, you should do it with the knowledge of what went wrong so you can fix that this time around. Your goal is to leave no doubt in the consular officer's mind that your relationship is bona fide, and you are eligible for the visa.
If you use us, our software will pre-screen you to make sure you meet the government requirements. If you are truthful and get to 100%, there's a 99.7% chance you'll be approved. However, if you are from certain regions like western Africa or Jamaica, you may have a tougher time with the K-1 in our experience. But with our service, you get your money back if denied, so you can rest assured we're not in this to give out refunds. We use our experience of over 13,000 petitions to set you up for success. We want you to succeed.
Get married and apply for a CR1 visa.
Another route denied couples get is to just bite the bullet, get married in the alien's country, and apply for a CR-1 spousal visa. Getting married could overcome the challenge of convincing the officer that you are serious about your relationship. Perhaps the consular officers feel it's less likely for people to commit immigration fraud on a spousal visa rather than a fiance visa. For information on the spousal visa timeline, go here.
If you have any questions about the process, give us a call at 1 (800) 872-1458.