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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 couple’s 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 officer’s 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.