Sunday, 23 December 2012
Hotel On Line - So Your Fiancee Visa Petition Was Denied?
The most common reasons for denial follow: It is not unusual to see either of the parties simply give up due to exhaustion and delays with the process, as a result. Are denied, some of those fiancee visa petitions however. The K-1 Fiancee Visa permits a foreign national to enter the United States for purposes of marrying a United States citizen.
An innocent failure to provide sufficient information can be appealed or cured by submitting another petition. The petition can be denied, from the initial filing of the petition to the consular interview, misrepresentation: If either the petitioner or fiancee made a material misrepresentation or knew or should have known that incorrect information was being provided in the visa process.
Annulment or death of a former spouse can delay or be cause for denial of a Fiancee Petition, failure to provide satisfactory proof of divorce. This issue frequently arises in the context of termination of a prior marriage. Supplementing the petition can cause time constraints that might not be able to be met, insufficient Documentation or Information: When the petitoiner or fiancee are notified that they have not provided sufficient documentation or information.
Non-compliance with IMBRA can also result in denial of the petition. The International Marriage Broker Regulation Act (IMBRA) must be considered, on the petitioner's side. The fiancee should also not have any immigration violations. Moral turpitude can loosely be defined as depraved and vile conduct that flies in the face of honest and moral conduct. Drug possession or trafficking or prostitution, conviction of a Crime: A fiancee petition can be denied if the fiancee has been convicted of a crime involving moral turpitude.
Petitioners are encouraged to liberally supplement their petitions with such evidence. Passport stamps and recent photos of the petitioner and fiancee together, phone records, hotel receipts, proof can be provided in the form of airline boarding passes. Insufficient Relationship: Petitioner and fiancee must prove that they have personally met within the last 2 years and have developed a serious relationship with a genuine intent to marry.
A severe mental disorder can also be cause for denial as can a severe non-communicable physical disorder. The petition can be denied should the fiancee carry a communicable or sexually transmitted disease. Primarily for communicable diseases such as tuberculosis, medical Issues: The fiancee is required to submit to an extensive medical examination.
Supplemental or new tax returns may be required, if petitioner cannot initially cross this threshold. The intent of this requirement is the concern that the fiancee not become a public charge in the future. Petitioner's Income: Petitioner is required to show a minimum income of at least 25% above the poverty level set by congress each year.
Causing denial, inability to answer simple questions may bring the credibility of the fiancee into issue. But preparation for the questions is again critical, well prepared and well documented petitions will bring shorter interviews and fewer questions. Prepared to answer questions regarding their relationship with the petitioner and have full and complete documentation to supplement their answers to questions in order to dispel any doubts about a sham marriage, they should be clean and neatly dressed. And Finally the Interview: The fiancee's preparation for the consular interview is critical.
Its the easiest thing to remember. All you have to do is tell the truth, as I tell my clients. Experience has it that the interview questions will be quite simple, know each other well and genuinely wish to marry, sincere, honest, assuming the parties are prepared.
It is prudent to obtain the assistance of an experienced immigration attorney when initiating the K-1 Visa process.
This article is for informational purposes only and shall not be construed as creating an attorney/client relationship.
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