“You’re only as good as your evidence.” Problems with K-1 Fiancée and I-130 Spousal Immigration cases: why do they suspect a sham relationship?
Posted on May 7, 2025
It is not often that one’s life is turned upside down, but a K-1 or spousal visa refusal can be one of those times. Articles on this website about K-1 visa refusals and I-130 spousal visa refusals provide many of the reasons that factor into these denials. Substantial age difference; inability to speak each other’s language fluently; different cultures; previous visitor visa refusals reflecting “desperation;” only one or two meetings prior to filing the petition; “poison pen” letter from an ex or a close relative against the relationship; social media discrepancies. The list of reasons a consul or USCIS may suspect a sham relationship goes on. And with the Trump Administration cracking down on fiancée and marriage fraud, those getting caught in the “fraud net” are not only those in a sham relationship, but those in genuine relationships. The primary reason? A lack of preparation and evidence.
“Make it make sense” is one of the golden rules when preparing these I-129F fiancée and I-130 immediate relative petitions and the subsequent visa applications or I-485 adjustment of status applications. Often times I see a short statement from the US citizen and a couple of photos taken with his significant other, a plane ticket and a receipt for a ring as the only evidence of the relationship. Remember, the burden is on the beneficiary – the fiancée, the spouse – to prove eligibility, not the other way around. This is not a criminal case where the government has to show beyond a reasonable doubt that the relationship is bogus.
And so any I-129F and I-130 immediate relative petition must start with evidence and a recognition of any potential “deficiencies” in the case. If your nationality is on the government radar for fraud – for example, there seems to be heightened scrutiny of Armenian fiancée and marriage cases – or your case has any of the “sham factors” the government is looking for, particular care must be taken. 5 affidavits from friends and relatives prepared especially for the petition may not be enough. What they want to see is contemporaneous relationship evidence – not just evidence specially prepared for the petition, but evidence documenting the relationship from the very beginning until the time of the filing of the petition. A chronology of the relationship – and evidence corroborating each date and event. And once the petition is approved, an updated “refresh” of the evidence is needed and preparation for the interview must take place.
Too many times I see a time-harried consul take the “easy way out” - a default position - particularly in fiancée cases: “Well, I have a doubt about the relationship, so I will send the petition back to USCIS and if they are serious, they will just get married.” Or if the couple are already married, the consul may come to the conclusion that if the US citizen is serious, he will have a chance to rebut the consul’s conclusion of a sham relationship when USCIS sends out a Notice of Intent to Revoke (NOIR) the approval. What these situations usually mean is 1-2 years of 221(g) “purgatory” and a potential Section 212(a)(6)(C)(i) determination down the road.
If the spouse is in the United States, USCIS can launch an investigation to ensure that the couple are really in a spousal relationship. Such an investigation can involve visiting the couple’s residence, talking with neighbors, and reviewing mass amounts of documents to find discrepancies and inconsistencies in their stories.
As can be seen, this 1-2 year “detour” can lead to untold heartbreak, protracted or even permanent separation, significant expense, and anger at an unelected, unaccountable bureaucrat. The worst part? The problem - and the heartbreak that follows – usually could have been avoided.
To help prepare your I-129F or I-130 petition, or for a second opinion on your case, or to deal with a NOIR, or to prepare for an interview, please feel free to contact us.