Michigan Immigration & Criminal Defense Attorney

Immigration and Criminal Law News

Find answers and information about U.S. immigration law and criminal law issues.

How to Deal with Potential Redflags in K1 Fiancee Visa Cases

If you have spent any time reading the information and articles on this site you've probably already heard me say this 100 times but I can't stress this point enough: K1 visa petitions are won and lost at the consular level. Many cases that are denied by consular officials have generally have two things in common:

  • The case has one or more "red flags"; and
  • The case is processed at a high fraud post.

This article will look at what types of things can raise "red flags" and tips for dealing with high fraud and difficult posts.

Common State Grounds for Denial

The most commonly reported grounds for denial of a K1 visa application at the consular level are:

  • Failure to establish a bona fide fiance/fiancee relationship
  • Relationship for immigration purposes only.

While these two grounds for denial seem quite similar they are really quite different. Denials on the first grounds are usually the result of poorly or under documented petitions. The second means that the consular official believes the relationship to be bogus, fraudulent or otherwise only for immigration purposes. Of course, some cases are legitimately denied for these reasons but some are denied on these grounds because there are "red flags" which aren't adequately dealt with. Since it is very difficult to challenge a consular denial of a K1 visa it is important to identify and deal with possible "red flags" head on.


Have a K1 Case with Red Flag Issues?

If you have a K1 case with one or more potential "red flag" issues get help now before it is too late. There is no appeal from a consular denial of a K1 visa. Contact us today for your free case evaluation.


Common "Red Flags" in K1 Cases

There are several "red flags" that consular officers look for in K1 cases. If these red flags are present and not adequately dealt with in the petition the result will be a quick denial. Some of the most common "red flags" are:

  • Significant age difference
  • Relationships which are less than 1 year old
  • Undisclosed pregnancies
  • Discrepencies between the information provide in the forms and that obtained during the interview
  • Failure of the applicant to demonstrate knowledge of basic information about the petitioner

This is a non-exclusive list of some of the types "red flags" that a consular officer might look for in a K! case. The mere presence of one or more of these factors in a K1 case does not necessarily mean the case will be automatically denied; however, it does mean the chances of a denial are greater if the issues are not proactively addressed by the applicant and/or his legal counsel.

How to Deal with Common "Red Flags"

The most important thing in dealing with potential "red flag" issues is to identify and disclose them early in the process. For example, if I find any potential issues in any of the K1 cases I handle I will typical identify and discuss those issues in the cover letter to the USCIS. The USCIS and consular officials are less troubled by issues that are disclosed and dealt with early on.

Disclosing the potential "red flag" early is very important but ultimately the most important factor is to convince the consular adjudicator that the issue should not result in a denial of the K1 application. So how do you do this? Well, every issue is different and there is no one size fits all solution. However, one thing is true for all issues: the issue must be overcome with strong and compelling documentary evidence. This evidence should ideally be submitted at the USCIS level but can be supplemented with further evidence at the consular level.

For example, let's assume that the potential "red flag" is a significant age differences. Significant age differences will likely make the consular official more carefully scrutinize the legitimacy of the relationship and may also question whether the relationship may be for immigration purposes only. In a case like this, the best way to over come the age "red flag" would be to provide a lot of reliable and strong documentary evidence that the relationship is legitimate. This could include such things as:

  • Affidavits of friends and family members with actual knowledge of your relationship
  • Evidence of common interests such as sports or hobbies
  • Proof of a relationship that has developed over time and included regular visits and correspondence over an extended period of time

These are just a few examples of some types of evidence that could be presented to overcome this potential "red flag."

Just remember, K1 fiance visa petitions are won and lost based on the strength of the documentary evidence provided. The more potential "red flags" that are present in your case the stronger the documentary evidence you will need to obtain an approval.