Why K1 Visa Denied and What to Do Next

Applying for a K1 fiance visa can be scary. All of your hopes and dreams are on pause at the United States Embassy in Bangkok, Thailand while reviewing the documents you’ve submitted to determine if you have a “real” relationship. Having your K1 visa denied is a nightmare all K1 couples fear no matter how strong their evidence is. So, in this article, we’ll talk about what happens when your visa petition is denied and what you can do about it.

The most common reason for K-1 visa denial from Thailand

There are several reasons K1 fiancee visa can be denied by the U.S. consulate. Each year, the US Embassy in Bangkok, Thailand processes numerous non-immigrant applications. USCIS requires that you meet some basic things before they will grant approval for your Thai fiancée visa. In order to help you understand it better, we’ve outlined the most common reason for K-1 visa refusal based on experiences we had.

  1. Missing documents & being unprepared.

Determining whether or not your relationship is legitimate is almost completely arbitrary, and based on the consular officer you get. Sometimes, whether or not your relationship is real or not, there are subtle biases an officer may have. These could be anything from your age difference to what vibe they feel during the interview.

  1. Fraud or willful misrepresentation

Engaging in fraud or material misrepresentation for the purpose of obtaining an immigration benefit is a ground for denial of not only the current k1 visa application but of any future visa applications.

  1. Previous K1 visa petitions by other U.S. citizens.

During this visa application process, you may be asked whether you have been petitioned for the U.S. before. USCIS wants to know if you have had multiple petitions for you (as the beneficiary) to see if there is a pattern of seeking out U.S. citizens for a visa or green card. Remember, even if you have been petitioned before, as long as you had a valid reason of why it didn’t work out it won’t mean an automatic denial during the interview stage.

  1. Not being qualified in the first place

Often times, this foul-up occurs when the visa applicant thinks they meet a certain qualification but it turns out they don’t. Don’t forget to consider the followings.

  • 2-year meeting requirement

Keep in mind the 2-year meeting requirement is from the date you file your petition with the USCIS.

  • Income requirement

Either the petitioner’s income changes for the worst during the application or the numbers just don’t add up via the evidence and the income requirement can’t be met.

  • Free to marry requirement

If the Petitioner or applicant is in the process of a divorce when the application is submitted, however, divorce isn’t finalized.

How to Avoid A K1 Fiance Visa Denial?

The first thing you need to do is find out why your K1 fiancée visa was denied. Review the above list of denial reasons to see if you can overcome the reason and apply again.

Already denied? Here are some things you could do. If you have any questions about the process, give us a call at 1 (800) 872-1458.

For those unsure of how to deal with the US Immigration process in Thailand, our consultation with Immigration attorney can be very beneficial to assist you while applying for a Thai Fiancée visa. If you have any questions about the process, give us a call at 800-857-1729

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