Is Being a Divorcee a Red Flag for K-1 Visa Application? | ALG Lawyers

Published: August 28, 2023

According to US Census Bureau reports, 20% of non-citizens residing within the country underwent at least one divorce. As potential K-1 visa applicants, many of them think that being a divorcee is among the legitimate reasons for fiancé visa denial. Divorce may raise immigration-related issues, especially on the genuineness of the intended marriage. 

For divorcees, navigating a K-1 visa application can be more complicated than unmarried applicants. It is best to know about immigration policies and strategize the most practical ways to bolster your success rate. ALG Lawyers can help shed light on this topic and provide you with well-studied insights.

K-1 Purpose and Eligibility Criteria

Through the K-1 visa, a foreign fiancé(e) of a US may legally enter the United States. The couple must intend to marry each other within a 90-day window following the non-citizen’s arrival to any US ports of entry. Subsequently, by undergoing adjustment of immigration status, non-citizen fiancé(e)s may attain permanent residency through a marriage-based green card.

K-1 visa applicants should fulfill the following qualifications to be eligible:

• The sponsoring fiancé(e) is a US citizen.
• The US citizen and foreign fiancé(e) intend to marry each other within 90 days since the latter’s admission to the US.
• The US citizen and foreign fiancé(e) do not have legal impediments to marry each other.
• The US citizen and foreign fiancé(e) met each other at least once within the last 2 years before filing the K-1 visa application. However, applicants could waive this requirement if meeting each other violates the foreign fiancé(e)’s customs or poses extreme hardship on the US citizen fiancé(e).

Applicants should note that only US citizens can sponsor a K-1 visa. Green card holders do not possess the same privilege.

Also, the K-1 visa expires after 90 days and cannot be extended. The foreign fiancé(e) must depart from the country if they failed to marry their US citizen fiancé(e) within the given timeframe. Overstaying in the United States may prompt USCIS to initiate deportation proceedings against the non-citizen.

Is being a divorcee a red flag for a K-1 visa application?

Being a divorcee while applying for K-1 visa may seem like a red flag to immigration officers, but marital status does not constitute automatic disqualification. However, applicants who once underwent divorce are subject to closer scrutiny. USCIS is keen on finding whether the applicant couple intends to contract a bona fide marriage.

Applicants should appear sincere and be as transparent as possible to improve their chances of success. USCIS does not discriminate whether the applicants have been divorced once or multiple times. The most crucial factor is their ability to prove that they are not marrying another person to circumvent US immigration laws.

Expected Challenges Divorcees Face During the K-1 Visa Application Process

USCIS does not set a fixed quota of K-1 visas approvals per year. In 2022, USCIS granted 24,798 K-1 visas. Besides getting a slot, divorcee applicants should understand that they may face more challenges because of their marriage status. Study the following and prepare for them:

• Gathering of documents pertaining to the dissolution of previous marriages
• Thorough background checks, especially with previous marriages 
• Critical examination of the petitioners’ intentions to get married
• Compliance with financial standards, especially for the US citizen sponsor
• Settlement of custody issues involving children from previous marriages
• Keeping up with cultural and language differences
• Confusion with legal and technical processes
• Mental and emotional burnout due to stress

It’s not impossible to get a K-1 visa while being a divorcee, but things are easier with competent support. Whenever feeling overwhelmed by all the legal processes, it is advisable to seek help from Los Angeles immigration attorneys.

Tips on Proving a Legitimate Relationship

There is no yardstick for proving a legitimate relationship. Immigration officers understand that every romantic relationship is unique. However, they will require convincing evidence to accept and process K-1 visa petitions. 

These tips can be helpful for K-1 visa applicants to substantiate their petitions and establish the genuineness of their relationships:

Document your in-person meetings

Take photos and videos whenever you meet in person. It is the best way to demonstrate how the couple’s relationship developed. The photos and videos would appear more convincing if they were taken at different times throughout the relationship.

Keep transportation tickets

Beside media, travel tickets may also help substantiate the couple’s relationship. Traveling overseas to meet each other can show the couple’s commitment and eagerness to be with each other.

Disclose communication logs

Showing communication logs in chat apps and emails could strengthen a couple’s claim of being in a serious and committed relationship. Showing handwritten letters addressed to each other works as well.

Show receipts of expensive gifts

Besides emotions, couples can prove their genuine intention to get married through financial investment. Couples should keep receipts of significant gifts like engagement rings and commemorative jewelries.

Pregnancy

Pregnancy can be a solid sign that the couple is serious with each other. It can establish that the divorced partner has moved on and wants to build a new life with their spouse-to-be and children.

Legitimate Fiancé(e) Visa Denial Reasons

As explained, being a divorcee is not a technical reason for disqualification. Here is a list of the most fatal K-1 visa denial reasons:

• Inability to prove the genuineness of relationship
• Failure to demonstrate a convincing intent to get married
• Presentation of fraudulent documents and claims
• Previous conviction of serious crimes
• Health condition that poses a public risk or non-compliance with vaccination requirements
• Overstaying and records of unlawful entry
• Technical errors in the application forms

Improve Your Chances of K-1 Visa Application Approval with ALG Lawyers

Lack of competent legal knowledge and guidance make people assume that divorce is among the fiancé(e) visa denial reasons. Although being a divorcee does not disqualify you from applying for K-1 visa, it prompts immigration officers to be more critical with your application. Coordinating with seasoned immigration lawyers can help you avoid complicated situations that may negatively affect your application.

ALG Lawyers is a Los Angeles-based immigration law firm with highly experienced attorneys actively practicing in the last two decades. You can trust our team to handle your case with utmost care and dedication. Learn more about the immigration services we can offer.