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K Visas: Tips for Couples — Part 4, Common Problems in K-1, Fiancé Visa Petitions

This post is a continuation of my prior post on common reasons for denials of fiancé visas. As an Austin immigration attorney, I believe the reasons listed below cause the most harm in fiancé petitions. The intent is to provide some insight and general overview of this area of immigration law.

As an Austin immigration lawyer, a lot of what I do during the initial consult with the client is to identify “red flags.” Some additional reasons for denials in fiancé visa cases are the following:

Reason 6: Couple has not spent enough time together in person, or in contact (unless a cultural exception applies) — every fiancé visa petition will require proof that the couple has met within the last two years. This includes evidence that you physically met unless there is a cultural exception. There are various ways of proving this and immigration lawyer can offer creative suggestions to help you meet this requirement. This is perhaps the most important aspect of the petition, and the person requesting the fiancé visa has the burden to meet this according to our immigration laws.

Reason 7: Fiancé interviews poorly and fraud is suspected — it may be that you have a perfectly legitimate case, but if your fiancé does not interview well and is unprepared for the types of questions she or he will be asked, they may have trouble getting through the interview abroad. This is another reason why consulting with an immigration attorney can be especially helpful.

Reason 8: Fiancé was previously in the U.S. and overstayed his or her visa — depending on the length of the overstay and the immigration history of the fiancé, there may be inadmissibility issues that arise.

Reason 9: The U.S. citizen has had multiple applications within a specific time-frame for different fiancés, or the U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen cannot show or prove that the foreign national maintained lawful status.

Reason 10: Fiancé or U.S. citizen has a criminal record — For the U.S. citizen, not all crimes will cause concern for the fiancé petition, but some crimes that implicate the Adam Walsh Act will.

Reason 11: Fiancé has a serious, contagious illness. People with certain illnesses are not admissible under our immigration laws.

Reason 12: Fiancé is not truthful during the fiancé visa interview — misrepresentation will cause serious problems and will most likely result in denial of your case.

Reason 13: The petition includes a document that is deemed to be fraudulent. The U.S. foreign embassies are well equipped to recognize fraudulent documents. It’s important that you make absolutely sure your documents are accurate and properly authenticated.

We have experience handling even the most complicated fiancé visa cases. We handle the entire case from beginning to end, so that you can spend more time preparing for your loved one to arrive. Call us for a consultation at (512) 329-2770. You may also contact us by filling the “contact us” form in our website.

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