Having an immigrant (or nonimmigrant for the K1) visa denied can be devastating. It’s scary to not have control of your own life so this post is all about K1 visa denied experiences through individual case studies.
The following stories are real cases from clients and readers of the blog. Ready to read some real life K1 visa denied experiences? Learn how these couples eventually got approved.
Note: I’ve changed the names for the people involved for privacy reasons but the rest of the information in these case studies are accurate.
Before we go over these K1 denial case studies, I will say that being denied a K1 visa doesn’t mean it’s impossible to move to the United States, it just means you have to work a little harder.
You do have options after a K1 denial, but its important to know why you were denied and then begin the next steps quickly.
Related Post: K1 Visa Cost: How Much It Will Cost To Sponsor Fiance
Related Podcast: EP10: K1 Visa Interview Questions and Answers
Case Study #1: K1 Denied At The Indian Embassy
Amira met her Indian fiancé Remit while on a trip to India with her Family. They were both set up by family members that knew each other and thought they would be a perfect fit.
After getting engaged Amira went back to the US to file the I-129F petition. Although they were set up by family members, they didn’t have an arranged marriage.
The initial I-129F petition was approved within 6 months and the interview was set up about 9 months after they submitted the petition.
During the interview, Remit was grilled heavily by the embassy officer. They didn’t believe that their engagement was real. The embassy officer brought up the previous student visas that were denied as well.
Unfortunately, their case was placed in administrative processing and eventually denied. The reason for denial was that there wasn’t enough evidence of their ongoing relationship.
This couple didn’t give up. Amira and Remit decided to get married in India and then apply for the CR1 spouse visa. They are currently in the middle of the process but the I-130 petition was approved.
This couple is now waiting for the interview to be scheduled but they are hopeful that they will be approved and together in the US soon.
Related Post: K1 Visa Marry Someone Else Other Than The Petitioner?
Case Study #2: K1 Visa Denied and Received Notice of Intent To Revoke (NOIR)
Cassidy met her Pakistani boyfriend Anwar on Facebook about 13 months ago. They finally met in person in Dubai about 6 months after they met online.
They quickly started the K1 process a few months after meeting in person. The petition was approved because they submitted enough evidence of their relationship.
When Anwar was scheduled for his first interview, there was no conclusion and his case was placed in administrative processing for 4 months.
Unfortunately, the US embassy requested a second interview with him to determine his eligibility for the K1 visa. The second interview was very aggressive and the officer was not nice to him.
They made him very nervous and scared that he didn’t know how to answer their questions. He eventually got denied for the K1 visa due to suspicion of fraud.
Cassidy then decided to hire an immigration lawyer to help her fight for their case. The lawyer said that once they receive the NOIR (notice of intent to revoke) they can submit a request for USCIS to reconsider the decision to deny the K1 visa.
When Cassidy checked the status of the case, it still shows as administrative processing and nothing about the NOIR notice.
Although they were denied the K1 visa, it may be helpful to apply for the CR1 spouse visa once they get married. This is not a guaranteed approval but it’s definitely easier to get approved for the spouse visa from Pakistan that the fiancé visa.
Case Study #3: K1 Visa Denied After Administrative Processing
David is a US citizen that met his fiancé in the Philippines about 2 years ago. They dated for this long to really get to know each other.
David decided to file for the I-129F petition on a trip to the Philippines where he proposed to his girlfriend and she said yes.
Everything about their K1 application went smoothly and the I-129F petition was approved pretty quickly (4.5 months!) When his fiancé attended the interview, things seemed to go well.
The Consular officer told her that they needed to review the documents further and the case was in administrative processing. This took several months before they heard anything back.
They eventually got a letter stating that the K1 visa was being denied due to lack of evidence of a valid relationship. The officer suggested that they get married and file for the CR1 spouse visa.
Unfortunately, they were not given the opportunity to submit additional evidence to prove their relationship is real.
Related Post: K1 Visa Denied and What To Do Next
Case Study #4: K1 Visa Denied After Lying on I-129F Petition
Anthony met the love of his life, Rosie, in an online gaming community. They both really enjoy playing games online and their friendship grew from there.
After a year of friendship, they decided to meet but Rosie couldn’t get a tourist visa from Venezuela so Anthony decided to meet her in her home country.
After 6 weeks together, he proposed to her before leaving the country. He applied for the I-129F petition and after 6 months, they received their NOA2 notice of approval.
The interview was scheduled for Rosie a few months later and things seem to go okay but the Consular officer brought up something that was missing from her petition.
Turns out the Rosie was previously married but didn’t mention this relationship on any of the paperwork and didn’t tell Anthony either.
At the interview, she was grilled about her previous marriage and she confessed that it was a mistake and they divorce just 6 months later.
Because of this lie, the K1 visa was denied due to fraud and misrepresentation. Anthony was disappointed that his fiancé kept this information from him but he was still in love with her and wanted to continue their relationship.
Their option now is to file a waiver for fraud and misrepresentation and prove that it was not willful but more of a misunderstanding.
Related Post: Multiple K1 Visa Petitions And Risk Of Denial
Conclusion: K1 Visa Denied Experiences 2019
K1 visa denials happen quite frequently because it’s a visa that is easily sought after. Think about it, you don’t even need to get married to apply for it! ????
Hopefully these K1 denied experiences will help you understand some of the reasons your K1 visa could be denied so that you can be prepared.
The best way to avoid a K1 denial is to submit a really strong case. This means lots of evidence and a strong relationship that can be proven with documentation.
In the end, if your K1 visa is denied, it’s not the end of your immigration journey. It’s just a bump in the road to the US. Don’t give up and keep your relationship strong during these tough times.