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ResourcesVisa & Immigration LawUS Immigration LawWhat Happens If a K-1 Visa Petition Is Rejected?

What Happens If a K-1 Visa Petition Is Rejected?

Transcripts of the above video:

As the title of this video suggests, we are discussing the K-1 Fiancé Visas. We are asking the question "what happens if filing is rejected?" For those who are unaware, what does that mean? What do you mean "a filing is rejected"? "What do you mean “an application is rejected, or a petition is rejected?"  

What we are talking about here is when you are filing your case with the Department of Homeland Security what happens if they just don't accept it? They have an issue with it. This can happen, it is pretty infrequent. We occasionally, very rarely have it happen but it does happen and most of the time when we see it happen it usually occurs when you are dealing with form changes. So USCIS will change the effective date of a given form and you will often see filings get kicked back, well not often but sometimes depending on timing, a case will get kicked back if the form is not up to date. We actually had this happen a while ago where we had a case, we had started working on it; the client told us to put it on hold; then we were finishing it up and a form change had happened in the interval and we filed it and they kicked it back out to us and we had to rectify and refile. It does happen. Now obviously frankly we are pretty good at it; we don't get rejections on a regular basis but it can happen, it is something that can occur. There may be issues associated with sufficiency of documentation but for the most part it is pretty rare to have a rejection unless there is a form issue, that has been my experience. 

Now it is not a bad idea for those out there who truly are worried about having a rejection because yeah the K-1 Visa process is pretty confusing. It is kind of convoluted these days. Quite frankly it could be a lot more efficient. It may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.