Marriage Visa Attorney Blog
K1 Fiance visas can be denied at either the USCIS level or later at the US Embassy. In either case, a denial suggest that something is wrong with your application and you will likely need professional help to fix the problem.
K1 Fiance visas that are denied by USCIS can be appealed. Once denied, USCIS will provide you with a written notice of denial and instructions for filing an appeal. If you chose to file an appeal, you will have 30 days to do so. Unfortunately, filing an appeal is expensive. The filing fee for an appeal is more than the filing fee for the original application.
Another alternative when your application is denied by USCIS, is to re file your Fiance Visa petition. This means you are starting over and many times this is the best way to proceed. Whatever problems or deficiencies that where present in your first application can be completely avoided by re filing. Its also less expensive than an appeal.
K1 Fiance Visas that are denied by the US Embassy or Consulate have no formal recourse. Although there is no formal right to an appeal, you can try to contact the Embassy and asked for a review by the Embassy’s Consulate General or a Supervisory Officer. You will need to act quickly because once the case is sent back to USCIS for revocation, the Embassy no longer has jurisdiction over the case and therefore cannot change its decision. If you are able to obtain a review by the Consulate General or a Supervisory Officer and its still denied, there is nothing more than you can do. You only recourse is to apply again or get married and apply for a Marriage Visa instead.
Denials are hurtful and disappointing, but not fatal. In most cases, denials can be overcome with help. If you have questions about the K1 Fiance Visa or need help with a case that has been denied, you are always welcome to call me anytime to discuss. I can be reached toll free at 1-888-515-3529.
Attorney Jeff Pettys
