How You Can Prove a Genuine Relationship for K-1 Visa Approval

Are you considering getting married in the US? If you’re a foreign fiancé(e) of a US citizen, you must secure a K-1 visa to enter the country. They must have a clear intention of getting married within 90 days of arriving in the country. Otherwise, the validity of the K-1 visa expires if marriage doesn’t occur within that period. 

One key requirement for K-1 visa approval is proving that your relationship is genuine and not primarily for immigration purposes. In doing so, the US government demands more than a mere assurance of future marriage. 

That means you must provide evidence of the depth of your relationship as well as actual plans to marry. This post breaks down the different types of compelling and reliable documents you can present to substantiate the validity of your relationship and strengthen your K-1 visa application

Understanding the Importance of Proving a Genuine K-1 Relationship

There are cases of US citizens and businesses abusing the K-1 visa program through fraudulent petitions. Among the roles of the United States Citizenship and Immigration Services (USCIS) is to verify whether the K-1 visa applicant has a genuine relationship with the petitioner. They must also confirm if the couple’s intent to marry is legitimate or merely for the immigration benefits tied to the marriage. 

The immigration officer should refuse the visa application under Section 221(g) of the Immigration and Nationality Act (INA). The refusal means the applicant failed to satisfy the officer that they qualify for a visa, as required by US laws. A suspicious relationship is one of the reasons why K-1 visa applications are commonly denied. 

Suppose the consular officer finds that the relationship of the K-1 visa petitioner and beneficiary lacks genuine intent and is for the sole purpose of immigration benefits. They should deny the application and return the petition to USCIS through the National Visa Center (NVC), requesting that it be revoked. It must include a memorandum specifying the reasons for the decision. 

Refusal under Section 221(g) doesn’t necessarily mean final. It can be reversed if the requested documents are provided or when the administrative review clears the outstanding issue. Still, a returned K-1 petition can delay the immigration process and result in severe repercussions. For instance, the K-1 petitioner and beneficiary can lose their eligibility for future immigration if the petition gets revoked. All these underscore the importance of proving a genuine K-1 relationship. 

Effective Ways You Can Prove Your K-1 Relationship Is Genuine

The validity of the relationship is a significant emphasis during the application review process. You must substantiate your K-1 visa petition with solid and credible evidence. Here’s how you can effectively prove that your K-1 relationship is genuine and ongoing. 

Provide proof of an in-person meeting

Online meetings or phone calls are insufficient for demonstrating the genuineness of a relationship. You must provide proof that you’ve met in person at least once within two years before filing the K-1 visa application. Tickets, travel itineraries, boarding passes, and photos can serve as proof of your commitment to visit each other, supporting the legitimacy of your relationship 

Establish shared intentions and plans

You must establish that both of you genuinely intend to get married and build a life together in the US. Documentation of concrete wedding plans shows that you’re committed to marrying within 90 days of arrival in the country. This can include your guest lists, venue bookings, joint financial accounts, and correspondence about future living arrangements. 

Prepare well-organized communication records

Communication records can serve as indispensable proof in highlighting the progression of your relationship’s interactions. A consistent and ongoing communication throughout the relationship is beneficial in demonstrating a genuine emotional connection between the beneficiary and the petitioner. Prepare well-organized records of your emails, social media chats, call logs, and letters to reinforce the authenticity of your relationship. 

Include personal statements and affidavits

Personal statements that provide a detailed account of how you met, your milestones, and future plans add a sincere touch to the visa petition. Likewise, affidavits from family and friends with their notarized signatures can help provide a more valuable perspective and credibility to your relationship. 

Ensure Approval of Your K-1 Visa Application With ALG Lawyers

Appropriate and timely submission of all the required documentation is imperative to ensuring approval of your K-1 visa application. One of the many critical elements for getting your K-1 visa approved is providing strong evidence of a bona fide relationship.  The assistance of a Los Angeles immigration lawyer is advantageous in preparing and filing your K-1 visa application. Our dedicated team at ALG Lawyers can review your case and refine weak points before submitting. Connect with our law firm now to ensure approval of your K-1 visa application. 

FAQs on Proving a Genuine Relationship for K-1 Visa Approval

The latest USCIS data reveals that it took approximately 5.7 months for 50 percent of all K-1 visa applicants to receive a decision in FY 2024. Still, the time it takes to process the K-1 visa application can differ significantly. It depends on various factors, such as your country of origin, whether you’ve submitted all the required documentation, and the volume of pending applications at USCIS.

It’s possible to bring your children to the US on a K-1 visa. However, they can only qualify if they’re unmarried and under 21 years old. You must also include them in your K-1 visa petition as dependents to receive K-2 visas. They can either accompany you or follow later while their K-2 visas remain valid, typically within one year from the date your K-1 visa was issued. Failure to travel within that period disqualifies them from receiving K-1 visas, and they will be required to apply for separate petitions. 

K-1 visa holders can only secure employment legally after entering the US and obtaining an Employment Authorization Document (EAD) or work permit from the USCIS. You must have an approved EAD card before you begin working. It’s worth noting that the EAD process can take three months or more after the submission of the requested evidence. You may not get approval before the 90-day validity of your K-1 visa expires. Even if approved in time, you will only have a limited period of work authorization. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)