Fiancé K1 Visa Denied: What To Do Next

The K1 visa is a nonimmigrant visa for a fiancé(e) to join his or her partner in the United States. If you want to prevent visa denial, or your K1 visa was denied already, and you are wondering what to do next, this guide is for you.

The K1 visa can be denied for various reasons, so it’s important to address issues specific to your K-1 visa denial case. Our guide explains the common reasons for K-1 visa denial and the next steps to take if it happens to you.

Having Your K1 Visa Denied is Common 

More than 17% of all K-1 category visa applicants had their applications denied in 2024. This amounts to 12,000 denied visas out of 68,382. However, this K-1 visa denial rate is not surprising. This is because the K-1 visa category has the highest fraud risk.

Not sure where to start with your K-1 application? VisaNation can help with all the right evidence for a successful application.

Start

K1 Visa Rejection vs Denial

While these two terms may seem synonymous, they have very different meanings in immigration law. The K1 fiancé(e) visa consists of two main stages

1. Petition Review: During the first stage, you are establishing the relationship between you, as the fiancé(e), and your partner, the U.S. citizen sponsor. The petition will be carefully reviewed to ensure all required information is included, the necessary documents are submitted, and the fees are accurate. If your petition does not meet these requirements, it will likely be rejected.
2.  National Visa Center (NVC) Evaluation: If your K-1 petition passes, it will move on to the second stage. This is where the evaluating officer at the National Visa Center (NVC) will determine if you are eligible for a fiancé(e) visa based on the information gathered by your petition and through your interview. If your petition fails this stage, it will likely be “denied”.

Use VisaNation to secure your Fiancé Green Card

Start

Nine Common Reasons for Having a K1 Visa Denied or Rejected

If your K1 visa was denied, it’s important to identify why. There are many reasons why K1 visas are denied or rejected, some more common than others.

This is because there are various rules and unique circumstances for each case. However, based on our experience, the most common K-1 visa denial reasons include:

#1 – Insufficient Evidence of a Genuine Relationship

The K-1 visa is a heavily scrutinized U.S. visa. Immigration officers will look at every available avenue to determine whether your relationship is bona fide or not. Any red flag in this regard may lead to denial. Some of the reasons include:

• A significant age difference
• Practicing different religions
• Multiple previous relationships
• Having significantly different cultures
• No common language
• Lack of communication
• Getting engaged shortly after meeting for the first time

NOTE: The above conditions are not necessarily an automatic prerequisite for K-1 denial. However, some issues will require more diligence and details to prove. This is because it generally raises suspicions when two people in a relationship don’t have much in common.

At VisaNation, we are here to assist you and answer all your questions. We ensure that your application is properly filled out and that you don’t suffer from additional waiting time to fix filing mistakes. Get started today!

#2 – Low Evidence that You Have Met In Person

You must have met your fiancé(e) in person within the last two years. Failure to meet this basic requirement is a red flag that may lead to denial. This is a major factor for USCIS when looking into the authenticity of your relationship. You must provide adequate proof of meetings, may include photographs, hotel reservations, flight tickets, etc. This proof must be in accordance with K-1 visa application guidelines.

The meeting must be in person, as phone conversations, Zoom/Facetime calls, social media messages, and other meetings via electronic means of communication will not count for this requirement. However, in case it is extremely difficult or impossible for the two of you to meet in person, you may request a waiver for this requirement. The USCIS may grant a waiver on two conditions:

1. If your meeting in person will violate the strict customs of your fiancé(e)’s culture;
2. If meeting in person will put the U.S. citizen sponsor in extreme hardship

Reunite with Your Fiancé in the U.S.

Start

#3 – Failure to Meet Income Requirements for K-1 Visa Sponsor

There is a stipulated income level required for K-1 visa sponsors. The U.S. citizen sponsoring the K-1 visa must submit Form I-134, Declaration of Financial Support, to demonstrate their financial ability to provide for the financial needs of the foreign fiancé(e).

The Declaration of Financial Support form must reflect that you are capable of meeting your personal needs, those of your fiancé(e), and every dependent member of your household. At the very least, you must meet 100% of the HHS poverty guidelines for your household size. The amount will depend on the number of people in your household. Alaska and Hawaii have higher income thresholds due to higher living costs.

Recommended read: Income requirements for K-1 visa sponsors.

#4 – Failure to Demonstrate Readiness to Marry in 90 Days

One of the crucial requirements of the K-1 visa is that the couple must be ready to get married within 90 days after the foreign fiancé(e)’s arrival in the United States. This must be proven with a signed statement indicating your intention to get married within that period. Having supporting evidence for this will boost your K-1 petition.

Immigration can be a daunting process for someone who is doing it for the first time. With numerous forms and documents to submit, mistakes can be very costly. Need experienced help? At VisaNation, we make sure that your application is flawless. Start today!

For instance, if you’ve already set a date for the wedding, printed the invitations, and paid for some elements of the ceremony, you can submit the receipts, your wedding invitation, and other relevant items to reinforce your signed statement.

While this is a very important requirement, you may also get a waiver if there is a genuine reason that prevents your marriage within the stipulated 90 days. For example, if there is a delay with a prenuptial agreement, a medical issue, or any other verifiable, legitimate reason that justifies the delay of your wedding.

#5 – Not Legally Eligible to Marry Each Other

USCIS may deny your K-1 visa petition if either of you is not legally free to marry. The most common issue is a previous marriage that hasn’t been legally terminated. If you or your fiancé(e) has been married before, you must legally end the marriage before becoming eligible for a Fiancé(e) Visa, whether as a beneficiary or petitioner.

You must prove the legal termination with documents showing divorce, annulment, or the death of the previous spouse. Failing to terminate a previous marriage can lead to a K-1 visa denial.

#6 – Filing K-1 Visa after Recently Divorced

Keep in mind also that filing a K-1 visa after recently divorcing may raise suspicions. The officers examining your case may become suspicious as to whether your new relationship overlapped while you were still married to your former spouse. If you find yourself in such a scenario, you will need strong evidence to prove the genuineness of your relationship, otherwise, it may lead to a K1 visa denial.

#7 – Secretive Relationship

If no friends or relatives are aware of or involved in your relationship, this may also arouse suspicion from the immigration officers. Most bona fide relationships that lead to marriage usually include their family, friends, and/or colleagues at work.

If there is no evidence that other people were a part of your relationship, you may run into issues.

You can avoid raising suspicion on this ground by presenting group pictures of the two of you that also includes your family and friends. If there are no pictures for this, other documents that can help prove this should be provided.

It’s Never Been Easier to Get the K-1 Visa

Start

#8 – Contradictions

Making contradictory statements during your K-1 visa interview or in the documents you submitted can lead to a K-1 visa denial. For instance, if your paperwork says one thing and you give a different answer during your interview, this could portray you as a dishonest applicant and may lead to a denial.

Another thing to avoid is visible nervousness or incoherence during your visa interview, so always be sure to speak confidently and clearly.

#9 – Failure to Comply With the International Marriage Broker Regulation Act (IMBRA)

IMBRA was enacted in 2005 to check the abuse of marriage-based visas. The Act compels a petitioner of a K-1 visa to provide information regarding certain past criminal convictions. This can include cases of sexual abuse, crimes, slavery, domestic abuse, violence, and substance abuse. If you are involved in any of these crimes, this could lead to the denial of your K-1 petition.

Also, the immigration officers may decide to release the information to your fiancé(e). This is to enable him or her to know the truth about the one he or she intends to marry and make an informed decision with that knowledge.

The Act also covers online dating platforms. If the two of you met online, your petition must include the details of the website and how and when you met there. The details must also show that the foreign fiancé(e) authorized the dating platform to release his or her contact information to you.

Bonus Reason – Overzealous Verification

It is common for officers to require additional verifications for K-1 visa applications. This can be particularly burdensome when the fiancé(e) had previously received a U.S. visa to visit their U.S. partner and shortly after getting proposed to.

On many occasions, couples would apply for a B-2 visa because it could be relatively easier to get compared to a K-visa and doesn’t have the psychological weight of marrying once the fiancé(e) arrives. However, right after the fiancé(e) returns to their home country, their U.S. citizen would propose. Later, they would apply for a K-1 visa. This kind of situation can fall under Section 212(a)(6)(C)(i) – misrepresentation decision. This would result in a ban on U.S. entry and would require a waiver.

Depending on the office or consul who reviews your file, they may pursue the review of your K-1 application in various manners. Some may overlook your fiancé(e)’s previous B-2 application or not make the connection with Section 212(a)(6)(C)(i). Others would pursue a deep review of the travel history and immigration history, which may result in unwanted consequences.

It’s a hard task to keep track of the requirements, know which forms apply to your situation, and submit your first-ever immigration application. Let VisaNation make the process easy for you. Get started today!

Other Reasons for K-1 Visa Denial

Although the above reasons are highly common to receive a K-1 denial for your fiancé(e) visa application, there are many more reasons that you should be aware of. Those are listed below:

• Human error, such as administrative errors made in filling the application. Also, not adhering to legal requirements for the application. This often results in rejection.
• Missing time restrictions and limits that apply to document gathering.
• Having a criminal record or certain medical conditions.
• Misrepresenting facts, documents, or other application-related data.
• Timeline gaps in your relationship
• Health-related issues
• Previous Immigration Violations
• Also, not proving intent to marry can result in visa rejection.
• Your K1 fiancé(e) visa may be denied at the interview because of an unconvinced consular officer. Not convincing the consular officer of the legitimacy of your relationship is a major contributor to visa rejections. It may even be better to get married and then apply for a spouse visa.

Officially published statistics only point towards an overall list of reasons given for the denial of non-immigrant visas. This list is very general. However, it must be noted that documentation-related administrative mistakes or missed deadlines can easily result in denial. Always ensure that your documentation is in order. Also, consult an immigration adviser to look out for dependencies overall.

Simple and Fast K-1 Green Cards

Start

What To Do If Your K1 Visa Is Rejected?

If your K-1 visa was rejected because of a simple error with your petition or filing fees, the best thing to do may be to just refile the petition with the help of an immigration attorney. However, if your K1 visa was denied due to your ineligibility, it may require further steps.

Other steps that you can take to improve your chances of a successful K-1 visa application include:

• Ensure you have all the documents requested by the relevant authorities indicated.
• Ensure you file your application by taking note of processing times and requirements. The consular representative is the ultimate issuing authority who will approve or reject your K-1 visa. Therefore, you must provide any additional documentation and evidence requested by the consular officer in addition to the mandatory documents.

In case of a rejection, you must act quickly. This will help put things back on track for you upon appeal. If you have missed a document or do not fully satisfy a condition, then you must gather evidence as required. Sometimes, it is a case of specific requirements that are unique to your case. At other times, it is a case of missing general guidelines.

Whatever these may be, you will need to work to provide a compelling case as to why your relationship is genuine.

Contact VisaNation to Reunite with Your Fiancé Sooner!

Start

Legal Motions

In many cases, you may be able to file one of two legal motions to have your case reviewed a second time:

Motion to Reopen – This is used when new documentation or evidence has come to light that may change the outcome of the fiancé(e) visa case should it be reopened.

Motion to Reconsider – This is used when you and your immigration attorney believe that the evaluating officer was incorrect in his or her decision, and you can demonstrate this through a legal argument.

Because they require such legal finesse, neither of these routes should be taken without having an immigration attorney at the helm. This is the best way to overturn a fiancé(e) visa denial successfully.

Appeals

Depending on your situation, you might also be able to file an appeal to a third party, namely, the Administrative Appeals Office (AAO), which is a part of the USCIS. Your K1 fiancé(e) visa denial notice should indicate whether or not you can appeal this decision. The AAO does not easily overturn the decisions of USCIS officers, so the argument for the appeal should be strong and assembled by a qualified immigration attorney.

We Make Fiancé Visas Easy and Simple

Start

Apply for a Different Visa (CR-1 or IR-1)

Another option that may be suitable for some people is to apply for a different visa. Although there are many employment immigration routes and family-based green cards, in the context of marriage, it could be worth exploring the CR-1 or IR-1 visa. These two visas are designed for married couples, and while they require you to marry outside the U.S., they may be an option if your K1 visa was denied.

To be eligible for a CR-1 visa, you must have been married to your U.S. spouse for less than two years, while to be eligible for an IR-1 visa, you must be married to your U.S. spouse for more than two years. It is crucial to note that although IR-1 approval would give you an automatic 10-year green card, the CR-1 would provide you with a 2-year conditional residence that could be upgraded to a 10-year permanent residency.

K-1 Visa Denial Statistics

USCIS shows that around 17% K1 visas were denied in 2024. Over the past five years, K1 visa denial rates have increased due to stricter vetting processes. Factors like the COVID-19 pandemic, which led to the shutdown of embassies and consulates worldwide, and changes in U.S. presidential administrations have contributed to this trend.

If you meet K-1 visa criteria and have all your documents in order, then there is nothing to worry about. A qualified and experienced immigration lawyer will help improve your chances of a decision reversal in cases of an initial refusal.