Top 10 Reasons For The Delay Or Denial Of A K-1 Fiancee Petition

A K-1 fiancé(e) visa allows a foreign national to enter the United States for the purpose of marrying a U.S. citizen. The marriage must take place within 90 days of arrival. While many K-1 petitions are approved within six months, simple mistakes can cause significant delays—or even denials.

Below are the top reasons K-1 fiancé(e) petitions are delayed or denied and how to avoid these issues.

1. Submitting incorrect forms. Using the wrong forms or missing required documents can lead to immediate rejection. In addition to Form I-129F, petitioners must include:

   • A Letter of Intent to Marry within 90 days
   • Evidence of financial ability to support the fiancé(e)

   Missing or outdated forms can cause delays or denials.

2. Submitting Incorrect or Incomplete Information. A K-1 petition requires multiple forms and supporting documents. Petitioners must communicate with three separate government agencies:

   • USCIS
   • National Visa Center (NVC)
   • U.S. Embassy or Consulate abroad

   Failure to respond correctly or on time to any of these agencies can delay or derail the case.

3. Filing the Petition at the Wrong USCIS Location. The petition must be mailed to the correct USCIS Lockbox facility, which varies depending on the courier service used (USPS vs. FedEx/UPS/DHL). Sending the petition to the wrong address can cause significant delays.

4. Insufficient Proof of Meeting in the Last Two Years. USCIS requires proof that the couple has met in person within the past two years. A single photo or ticket stub is rarely enough. Stronger evidence may include:

   • Passport stamps
   • Boarding passes
   • Hotel receipts
   • Photos over time
   • Travel itineraries

   Failure to provide sufficient proof is a common reason for denial.

5. Failing to Prove a Bona Fide Relationship. USCIS must be convinced that the relationship is genuine. Evidence may include:

   • Communication records
   • Photos together
   • Travel history
   • Engagement details
   • Statements from friends and family

   The type of evidence varies by couple, but insufficient documentation can lead to denial.

6. U.S. Petitioner Is Ineligible. A U.S. petitioner may be ineligible to file a K-1 petition if they:

   • Are not a U.S. citizen
   • Are separated but still legally married
   • Have filed multiple prior K-1 petitions
   • Have certain criminal convictions
   • Have not filed taxes for several years
   • Cannot meet financial requirements

   Any of these issues can result in denial.

7. Foreign National Is Ineligible. A foreign fiancé(e) may be ineligible if they:

   • Are still legally married
   • Have been the beneficiary of multiple K-1 petitions
   • Have a criminal record
   • Have prior immigration violations

   These issues can lead to delays or outright denial.

8. Hiring a Non Attorney or Unqualified Representative. Before hiring someone, petitioners should confirm:

   • The attorney is licensed and eligible to practice law
   • The attorney has experience with K-1 cases
   • The attorney has positive client reviews
   • Communication is clear and direct

   Unqualified representatives can cause serious harm to the case.

9. Missing Appointments or Deadlines. USCIS sends important notices, including Requests for Evidence (RFEs) and biometrics appointments. Missing deadlines can delay or jeopardize the case. When represented by an attorney, both the petitioner and attorney receive notices, reducing the risk of missed deadlines.

10. Not Preparing for the Visa Interview. The foreign fiancé(e) must be prepared for the consular interview. This includes:

    • Understanding the relationship history
    • Bringing required documents
    • Answering questions clearly and consistently

Poor preparation can lead to delays or denials.

Experience Matters

The Law Office of David Nguyen, PC has successfully handled thousands of immigration cases, including K-1 fiancé(e) petitions. Our team can guide you through the process and help you avoid the common mistakes that lead to delays or denials.

Common Questions We Can Help You With

• Why is my K‑1 visa taking so long
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• What evidence shows we met in the last two years
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