National Immigration Services
An Immigration Law Firm


Green Cards
Temporary Visas
Hire our law firm
About us
Download free forms
Buy Immigration books



Telling the truth on a K-1 petition  


Foreign fiance(e)s seeking K-1 visas must provide complete and accurate information in the K-1 petition submitted to the INS. During the K-1 interview, consular officers will review the information in the petition and compare it to the answers given by the beneficiary. In the event of a discrepancy, officers may, in their discretion, stop the interview and return the petition to the INS for reconsideration. This will create lengthy delays and disrupt the coupleís plans to get married.  

What kind of factual discrepancy would cause a petition to be returned to the INS? If a beneficiary fails to mention that he or she has a K-2 dependent and that dependent was not listed on the I-129F form, this would raise a red flag. Similarly, failure to mention a previous marriage, even if the marriage was dissolved and the beneficiary is free to marry, could result in the petition being kicked back to the INS.  

Recently, the Department of State has relaxed its rules regarding the return of petitions, leaving it up to the officerís discretion, rather than making it mandatory as it previously had been. Nevertheless, given the potential for additional delays and the heartache involved, petitioners and beneficiaries alike should heed the suggestion to be truthful in their petitions to avoid further problems.




Copyright © 1997-2001 National Immigration Services All Rights Reserved

This is an advertisement, no attorney/client relationship is established by viewing the contents of this site. As immigration law is constantly changing, information is provided as-is and does not constitute legal advice. Visitors are urged to contact experienced immigration counsel for their immigration matters.