Common Pitfalls to Avoid When Filing a K-1 Fiancé Visa Petition

Insights from the Immigration Attorneys at Jarrett & Price

Bringing your fiancé to the United States should be an exciting step—not a stressful one. But many couples discover that filing the K-1 fiancé visa petition (Form I-129F) can be far more complicated than it looks.

At Jarrett & Price, our immigration attorneys have guided hundreds of couples through the K-1 process. We’ve seen firsthand the most common mistakes that delay or even derail petitions—and how to avoid them.

Here are the biggest pitfalls and how to make sure your case stays on track.

1. Incomplete or Inconsistent Information on the I-129F

Small inconsistencies—different addresses, misspelled names, or incorrect birth dates—can trigger a Request for Evidence (RFE) and delay your case for months.

Example:
If your fiancé’s address on the petition doesn’t match what appears on their passport, USCIS may flag the application.

Avoid this by:

Double-checking every field on the form.
Reviewing all addresses, travel dates, and prior names for consistency.
Using only the latest USCIS form version downloaded directly from the official site.

2. Weak Proof of a Genuine Relationship

A marriage certificate or engagement ring isn’t enough. USCIS wants evidence that your relationship is bona fide and ongoing.

Common mistakes:

Submitting just a few photos.
Including screenshots with no names or dates.
Forgetting to show proof that you’ve met in person within the last two years.

Better evidence includes:

Photos together over time and in different settings.
Travel itineraries, flight confirmations, and hotel receipts.
Chat logs, call records, or messages showing consistent communication.
Statements from both partners confirming your intent to marry within 90 days.

3. Not Meeting the “In-Person Meeting” Requirement

By law, the couple must have met face-to-face at least once in the two years before filing.
Virtual meetings or video calls don’t count.

Exceptions—for religious or cultural customs, or extreme hardship—exist but are rarely approved.

Avoid this by:

Planning a brief visit before filing the petition.
Keeping travel receipts and passport stamps.
Taking photos together with clear dates and locations.

If travel truly isn’t possible, talk to an immigration attorney about hardship waivers before filing.

4. Missing Signatures or Incorrect Filing Fee

Unsigned forms and wrong fees are two of the most common reasons USCIS rejects a K-1 petition at intake. When that happens, the entire packet is returned unprocessed.

Avoid this by:

Checking that every required signature and date is present.
Verifying the current filing fee on USCIS.gov before mailing.
Making checks or money orders payable to the U.S. Department of Homeland Security (no abbreviations).

5. Using Outdated Forms or Old Documents

USCIS frequently updates its forms. Submitting an old version means automatic rejection.
Likewise, outdated passports, police certificates, or translations can create problems later during consular processing.

Avoid this by:

Checking the edition date printed at the bottom of the USCIS form.
Updating identification and civil documents before filing.
Providing certified translations for any non-English materials.

6. Forgetting the Letters of Intent to Marry

Both the U.S. citizen and the foreign fiancé must sign and date short letters confirming their intent to marry within 90 days of arrival. Many couples overlook this simple but required step.

Avoid this by:

Writing one brief statement each, referencing your full names.
Dating and signing the originals in ink.
Placing both letters near the front of your filing packet.

7. Submitting Disorganized or Irrelevant Evidence

USCIS officers review thousands of petitions each year. A cluttered packet makes it harder for them to see your story clearly.

Mistakes to avoid:

Hundreds of random screenshots or uncaptioned photos.
Mixing old and new materials with no order.
Submitting private or irrelevant correspondence.

Better approach:
Create a binder or PDF with labeled sections—forms, proof of citizenship, evidence of relationship, and letters of intent—arranged chronologically.

8. Ignoring Criminal or Immigration History

Prior arrests, visa overstays, or immigration violations can impact eligibility. Trying to hide them only makes things worse—USCIS conducts background checks on both partners.

Avoid this by:

Disclosing all prior criminal or immigration history honestly.
Including certified court records or police clearances.
Consulting an attorney before filing if either partner has prior issues or overstays.

Early legal review can reveal whether a waiver or alternative visa route is safer.

9. Failing to Prepare for the Consular Interview

Even with USCIS approval, your fiancé must still pass a consular interview abroad. Many petitions fall apart at this stage because the applicant isn’t prepared.

Common issues:

Missing original documents or updated relationship proof.
Inconsistent answers about timelines.
Forgetting to schedule or bring the required medical exam.

Avoid this by:

Reviewing your petition together before the interview.
Bringing new photos, correspondence, and joint plans as proof of an ongoing relationship.
Practicing common interview questions with your attorney.

10. Not Planning for the Next Step—Adjustment of Status

The K-1 visa only allows entry for marriage within 90 days. To stay in the U.S., your new spouse must file Form I-485 (Adjustment of Status) after the wedding.

Couples who wait too long risk lapses in status or delayed work authorization.

Avoid this by:

Preparing the green-card filing packet before marriage.
Including all required forms and supporting documents.
Filing promptly after the wedding to keep lawful status.

How an Immigration Attorney Helps Avoid These Pitfalls

The K-1 process looks straightforward but involves multiple agencies, changing forms, and sensitive timing. A single overlooked document or unchecked box can set your case back months.

At Jarrett & Price, our immigration team:

Confirms eligibility before you file.
Reviews every page for accuracy and consistency.
Organizes persuasive relationship evidence.
Communicates with USCIS and the National Visa Center to track progress.
Prepares your fiancé for the consular interview and post-entry green-card filing.

From engagement to entry—and beyond—we make sure your paperwork tells your story clearly and completely.

Ready to Start Your Fiancé Visa Journey?

Bringing your fiancé to the U.S. is a major life event. With careful preparation and experienced legal help, you can avoid the mistakes that cause costly delays.

Jarrett & Price proudly serves clients in across Georgia and Texas, and throughout the United States.

📞 Schedule a consultation today to review your case and begin the K-1 visa process with confidence.