There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage.  These include the following:

• having one or more children not named in the petition,
• a prior undisclosed marriage (even if it has been annulled or ended by divorce or death),
• in the case of a fiancée, a current pregnancy.

Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioners awareness of all of the factors associated with the fiancé(e). 

Consular officers should use their discretion in determining whether to return the K-1 petition to the DHS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, consular officers need not return the petition. 

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.  If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at [1] www.myfianceevisa.com