Can My Wife's US Visa Application Be Denied?

The thought of a visa denial is very 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 alien fiancee or spouse must 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 initial adjudicator of nearly all family based visa petitions. 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 steps in order to learn if the petitioner is legally eligible to petition for the visa 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 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. Although this is not technically a denial, it has the same effect as the application will be closed. Luckily, a bi-national married couple can still seek 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 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. That being said, the bona fides of a marriage visa application are scrutinized as well, but authenticity issues can be particularly acute in fiancee visa applications.

After a visa interview, it is possible that the application will be rejected outright although this is relatively uncommon. The issuance of a 221(g) denial, which is essentially a request for further documentation, is a more common method of visa refusal. In many cases, when the documentary deficiency is dealt with the visa is issued shortly thereafter.

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