What to Do If Your Fiance Visa Is Denied

What Are Your Options If Your Fiance Visa Is Denied?

A fiance visa — also known as a K-1 visa — is an immigration option for someone who is engaged to marry a U.S. citizen. There are specific rules and eligibility requirements that must be met to be approved for a fiance visa, and thousands of applications are denied every year. If you applied for entry into the United States on a K-1 visa and were denied, you can find more information about why and what you can do about it below.

Common Reasons for Denial of a Fiance Visa

Having your visa denied is disappointing to say the least, but it’s important to understand why the visa was denied so that you know what options are applicable to your specific situation. Here are some common reasons that fiance visas may be denied:

• There wasn’t enough evidence to convince the reviewer that the relationship was legitimate.
• The U.S. citizen didn’t meet the requirements to sponsor someone on a fiance visa.
• Either party cannot legally marry.
• You haven’t met your fiance in person at least one time in the last two years.
• You aren’t ready to marry within 90 days of being admitted to the United States.

Any of these issues can result in a denial of a fiance visa, but there are other red flags that can add up to a denial as well. These include:

• Contradicting each other or yourself during the interview process
• Having few family or friends that are familiar with your relationship
• Being recently divorced
• Having a significant age gap
• Not having a lot in common with your fiance
• Having only been in a relationship for a short amount of time

While it’s still possible to be in a bona fide relationship that would otherwise qualify for a fiance visa if the above are true, you may need to submit additional documentation or be able to offer an explanation as to why the relationship doesn’t appear to be legitimate.

Options After a Denial

If you’ve received the decision that your fiance visa has been denied, the first thing you should do is find out if there was a specific reason given and talk to an attorney. In some cases, you may have a limited amount of time to file an appeal or take other action, and if you’re already in the United States on a different visa that is expiring, you will need to work quickly. Here are three of the most common options you have after your fiance visa has been denied.

Appeal the Decision

The most obvious choice is to appeal the decision. However, only certain decisions made by the U.S. Citizenship and Immigration Services are eligible for appeal. If you aren’t sure if yours is, you can talk with an attorney about this option. It’s important to note, however, that even if you are told you are not eligible for appeal, you are still legally allowed to file a motion for USCIS to review the decision. The vast majority of immigration appeals are denied, so while this is something to try, it’s a good idea to be prepared with a backup option.

Reapply at a Later Date

You may also be able to reapply for the fiance visa again at a later date. This can be helpful if the reason for denial was related to lack of visits, lack of evidence that the relationship was legitimate, or being too short. Reapplying at a later date gives you time to establish more relationship history, for your friends and family to learn about your fiance, and for you to spend more time together. If the denial was because either party wasn’t eligible to be married at the current time or you weren’t prepared to marry within the next 90 days, this can let you take care of those matters before reapplying. Keep in mind that if you choose this option, you will have to start the entire process over again, including paying any fees and going through another interview.

Consider an Alternative Visa Option

If you were denied a fiance visa, you may be able to apply for a different type of visa. This can help you stay in the United States legally so that you are able to continue your relationship and may be a helpful option for those who decide they want to apply for the fiance visa again later on. You may be able to apply for a non-immigrant visa such as a tourism visa, but keep in mind that these usually have fairly short terms. If you’re not sure what alternative visa option you may be eligible for, an immigration attorney can help.

How an Attorney Can Help

A knowledgeable immigration law attorney can be a valuable partner when you are applying to come into the United States on a fiance visa. Working with a lawyer from the beginning can help you spot potential red flags or complications with your visa application or relationship so you can take care of them before applying and lower your risk of being denied. An attorney can also help you file an appeal and look for other options for immigration if you aren’t able to come into the country on a fiance visa.

If you applied for a fiance visa but were denied, it doesn’t mean that you don’t still have options for successful immigration. Call the Law Office of Elsy Segovia P.C. at (973) 313-5794 to schedule a consultation where you can discuss your immigration goals, where you’re at in the process, and what the next step could be.