Difficulties in Bringing in Your Fiancé(e) under a K-1 Visa

Petitioning for your fiancé(e) to be allowed to enter the United States and marry you is not as straightforward as you might think.  A petition filed using Form i-129F is only intended to “classify” your fiancé(e) for marriage, and his/her children, to enter the U.S. and get a green card. Your petition may be approved when you properly show your intention to marry your fiance within 90 days of their admission into the U.S., and you show you had personally met your fiancé(e) in person within the last 2 years. However, despite your petition being approved, your fiancé(e) may still be denied their K-1 visa admitting them into the United States.

Reasons your fiancé(e) may not obtain a K-1 visa.

A main reason is your fiancé(e) may bomb their interview. For starters, an immigration officer must be satisfied that a legitimate marriage will occur between you and your fiancé(e). The visas applications must also reflect that your fiancé(e) will not become a burden on the American taxpayer. If your fiancé(e) passes those benchmarks,  they may still be ineligible for a visa if they had committed a crime of moral turpitude, or due to having a communicable disease. When applying for their visa, your fiancé(e) should be careful to consider all the factors that can hurt their chances of getting an entry visa.

About Mac-Arthur Pierre-Louis

Mac Pierre-Louis is managing attorney at Pierre-Louis & Associates, PLLC and founding editor of Amcarilaw.com (@amcarilaw) & YourChildSupportLawyer.com (@childsupportesq). He can be reached at www.macpierrelouis.com (@macpierrelouis) No content on this blog should be deemed legal advice, nor does content create an attorney-client relationship. Please seek professional legal advice since this blog is for informational purposes only.

Leave a comment

Your email address will not be published. Required fields are marked *