Reasons for a K-1 Visa Denial
usnook | 2013-08-15 16:26

A K-1 or Fiance(e) visa allows your foreign beloved to marry you legally in the United States. Upon becoming your spouse, a K-1 status gives your betrothed permanent resident status. As is the case with all U.S. visa applications, you and your bride- or groom-to-be must comply with the provisions contained in the Immigration and Naturalization Act (INA) of 1952. Failure to comply with INA results in the denial of your K-1 visa application.

Termination of Prior Marriages
One of the most common reasons a U.S. consular officer may deny a K-1 visa application is due to lack of termination of prior marriages on the part of either the beneficiary or the petitioner. Unless the consular officer receives documented evidence supporting the legal termination of all prior marriages, a death certificate or court documents supporting presumptive death of all prior spouses, he may deny your K-1 visa application.

Misrepresentation
If you or your betrothed made a false statement or an omission on any U.S. Citizenship and Immigration Services (USCIS) form with the intent to receive a K-1 visa benefit, a consular officer reserves the right to deny your K-1 visa.
Section 212(a)(6)(C) of INA strictly forbids fraud and misrepresentation for the purposes of obtaining an immigration benefit. In fact, violating this provision could cause U.S. embassies worldwide to bar your foreign future spouse from ever entering the United States without a waiver.

Petitionable Relationship
A consular officer may deny a K-1 visa due to lack of a petitionable relationship. Since a U.S. citizen must file Form I-130 with USCIS requesting to bring the foreign bride- or groom-to-be to the United States for the purposes of getting married, a consular officer may deny a K-1 visa if such a relationship is non-existent.

Unless due to customary, cultural or social traditions, which you and your betrothed must back with evidence, the U.S. Department of State requires both the petitioner and the beneficiary to have met physically within the last two years of filing a Form I-130 petition. Failure to fulfill this requirement could result in the denial of your K-1 visa.

Medical Reasons
Although a K-1 visa is a non-immigrant visa, applicants must complete a thorough immigration exam conducted by a U.S. embassy-approved physician. This is because a K-1 status allows your foreign betrothed to become a permanent resident after getting married in the United States.

Therefore, if your significant other has a severe medical condition that may endanger the lives or property of others, or has a communicable disease that is of public significance, a consular officer may deny the K-1 visa in accordance with Section 1182 of the Immigration and Naturalization Act.

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