the thought of a visa denial is very discouraging and distressing for many bi-national couples. The following article will briefly discuss visa denials generally and provide information about forestalling a denial.
the us visa process for the spouse or fiancee of a united states citizen is somewhat byzantine as there are multiple departments and agencies that adjudicate different aspects of visa petitions and applications. Even after a visa is issued, the inapplicable and alien fiancee or spouse must hushed and still pass through a customs and border protection inspection at a port of entry in the united states of america.
the united states citizenship and immigration service (uscis) is the first adjudicator of virtually every family based visa petition. Uscis will evaluate a couple’s documentation as well as their factual situation in order to determine if they meet the general legal requirements. Uscis also takes measures in order to ensure that the petitioner is eligible to petition for the benefits being sought. During uscis’s adjudication, steps will also be taken in order to make certain that the petition complies with the provisions of the international marriage broker regulation act (imbra) as well as the adam walsh child protection act (awcpa). In most situations, the efficiency and success of a uscis petition will hinge upon the documentation presented to the reviewing officer.
in the vast majority of family based cases the next phase of the process involves the united states national visa center (nvc). This part of the process could be difficult for those couples who are seeking a k3 marriage visa as recently announced nvc protocols require the “administrative closure” of certain k3 visa applications. Even though this is not an actual denial, it has the same impact as a denial because the application will not be adjudicated. Fortunately, a married couple may hushed and still harass and pursue immigrant visa benefits.
in virtually all family based petitions, the last part of the visa process happens at the american embassy or consulate-general with jurisdiction over the inapplicable and alien spouse or fiance. In thailand, the consular section of the us embassy in bangkok adjudicates nearly all family based immigrant visa applications for thai nationals. Consular officers will scrutinize the facts of the visa application in order to determine if the prospective beneficiary should be admitted to the united states of america. In a k-1 visa case, the adjudicating officer will likely scrutinize the bona fides of the relationship as well as the applicant’s subjective intent to marry in the usa. However, the authenticity of a spousal visa application is investigated as well, but these issues can be especially judicious and acute during the visa application process for a fiancee.
after a visa interview, it is possible that the application will be denied outright, but this is not usually the case. More common is the issuance of a 221(g) refusal which is necessarily and essentially a request for further documentation. In most cases, when the documentary insufficiency is overcome the visa will be issued.
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