What can you do if a fiancé visa is denied?

On Behalf of | Oct 9, 2020 | Firm News

You’ve been hoping to bring your future spouse to America, so you submitted all the paperwork and waited for the U.S. Citizenship and Immigration Services (USCIS) to get back to you. When they did, it was not the result that you thought you’d receive.

You filed for the K-1 nonimmigrant visa, and it was denied. The USCIS stated that it had reviewed the documents you provided and determined that you were not eligible for the visa.

There can be multiple reasons for a visa denial, from not providing enough proof that you and your future spouse know each other to believing that this is a sham marriage. In more neutral terms, the USCIS may tell you that you weren’t able to prove a “bona fide” relationship.

It’s important to note that decision will vary based on which officer looks at your paperwork. One person’s opinion doesn’t necessarily mean that you won’t be able to bring your partner to the U.S. However, you will need to appeal the decision to do so.

Denials are costly, and you will have to pay a new fee for the appeal. Whether your appeal is approved or not, you will lose that money, so keep that in mind. Your attorney can help you put together a solid appeal, combining letters from family and friends, photographs with your loved one and other supporting evidence to show that this is a legitimate relationship.

You also have the option of completely starting over with the K-1 visa process. If you plan to reapply, it’s worth talking to your attorney about what went wrong the first time, so you have a better chance of an approval.