Can My Fiancee'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 United States visa process for the fiancee or wife of an American Citizen is rather complex as there are multiple government agencies and officials that process different portions of the visa application package. 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 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 steps in order to learn if the petitioner is legally eligible to petition for the visa benefits being sought. During USCIS's adjudication, measures will also be taken in order to ensure that the petition is in compliance with the Adam Walsh Child Protection Act as well as the International Marriage Broker Regulation Act. In many cases, a successful USCIS adjudication will depend upon the evidence presented to the adjudicating 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. Fortunately, a married couple may still pursue immigrant visa benefits.

In most family based cases, the final phase of the process occurs at the United States Embassy or Consulate with jurisdiction over the foreign fiancee or spouse. 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 adjudicate the merits of the visa application and determine if the prospective Beneficiary is admissible to the United States. 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 denied outright, but this is not usually the case. More common is the issuance of a 221(g) refusal which is essentially a request for further documentation. In many cases, when the documentary deficiency is dealt with the visa is issued shortly thereafter.

by: Ben Hart

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