The Law Office of
Mark Kinzler, P.C.

Applying for a fiancé visa? Beware of these challenges.

In 2017, the U.S. Citizenship and Immigration Services received more than 55,000 applications for K-1 fiancé visas. Of these applications, more than 20,500 were refused. The K-1 visa rejection rate has been climbing in recent years—representing one of the highest refusal rates of any U.S. visa.

Government officials are becoming extremely wary that foreign individuals will use illegitimate marriage as a means of entering the country. For this reason, it’s particularly important to dot all your i’s and cross all your t’s when you submit your application—in order to create the strongest possible case for yourself. In this post, we provide a few key factors that immigration authorities will examine closely:

  • Do you have regular contact? If you’re carrying on a long-distance relationship, it’s expected that you’ll communicate daily—or at least almost daily. You need to be able to provide evidence of this—such as submitting emails, texts, chat transcripts or phone records.
  • Can your sponsor support you financially? Your American fiancé must earn at least 125% of the HHS poverty guidelines. For a two-person household in 2018, their adjusted gross income must be at least $20,575.
  • Is there a significant age difference? Any two people can fall in love, regardless of age. However, the majority of marriages occur between partners of similar ages. If there is a considerable age gap, the USCIS will likely scrutinize your application. Consider finding additional evidence that your relationship is authentic.
  • Did you apply for a K-1 visa before? If so, this can raise a red flag for immigration officials, as it may appear that your primary motivation for coming to the U.S. is citizenship—not love. If you’ve applied before, it’s advisable to wait at least two years before applying again.
  • Do you and your fiancé speak the same language? If you have no language in common, immigration authorities will be dubious that you have sufficient commonalities to establish a true, love relationship.

The K-1 visa application process can be long, complicated and stressful. Consulting with an experienced immigration attorney throughout this process can be tremendously helpful in avoiding many common pitfalls.

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The Law Office of
Mark Kinzler, P.C.

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Austin, TX 78701

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