If you are planning to bring your foreign national fiancé to the United States to get married, you will need to apply for a fiancé visa. This visa, also known as the K-1 visa, allows your fiancé to enter the country and get married within 90 days of their arrival.
However, the process of obtaining a fiancé visa can be complex and lengthy. And unfortunately, not all applications are approved. So, what happens if your fiancé visa application is denied? Can you appeal the decision and try again?
Before we discuss what to do in case of a denial, let’s first understand why an application may be denied. The most common reasons for a denied fiancé visa application include:
• Lack of evidence to prove the relationship is genuine and not solely for immigration purposes
• Criminal history or other inadmissibility issues
• Failure to meet financial requirements; and/or
• Incomplete or incorrect application forms.
It’s important to carefully review the eligibility requirements and provide all necessary documents when applying for a fiancé visa to avoid any issues.
If your I-129F fiancé visa application gets denied, you will receive a letter from the U.S. Citizenship and Immigration Services (USCIS) explaining the reason for the denial. The first thing you should do is carefully review this letter and determine if there are any mistakes or inconsistencies. You should also check to see if you believe that the immigration official made an error of law in the decision, or if there is new information that you can provide that was not available at the initial time of filing. If so, you may be able to file a motion to reopen or reconsider the decision.
If there are no mistakes and your application was rejected due to insufficient evidence, you can choose to reapply. However, it’s important to address any issues that may have led to the denial of your new application. Otherwise, it is likely that your second attempt will also be denied.
Dealing with a denied fiancé visa application can be a stressful and overwhelming experience. It’s important to seek legal assistance from an experienced immigration lawyer who can guide you through the process and help you understand your options.
