Denied I-130

[christeen 966]

If the only reason for your fear is the consulate itself, then it is more of a consulate specific question... There have been spouse visa denials, but as others have said, they are not common and have a huge variance in reasons (not proving bonified relationship, applicant has bans in the USA, drug use, past crime, USC not able to prove financial support and many other reasons)... My advice is instead of asking for random stories of denials that have no bearing or relevance to your personal situation and might scare you unnecessarily, I would concentrate on presenting your case and gathering the necessary proof and evidence so it is not even an issue. Worry about what you CAN control not what you can't and you will be fine. If you really want to get denial stories, just use the search tool here under i130 spouse visa denied and you can read stories... But I would suggest you spend that time reading how others succeeded, not failed so you can follow their example.

[pepper44 18]

I would be the petitioner and have a criminal record of DUI charges.. would this be a problem? They are not felony charges.. I know they ask for criminal records..

My fiancee does not have a criminal record or anything that would hinder his approval. But two of you have now mentioned criminal records.

[christeen 966]

They look at the intending immigrant unless the crimes of the USC involve anything under the Adam Walsh Act.

[pepper44 18]

thanks for the help christeen!

[HoustonLove 0]

I met my husband in Vienna during a holiday there. My husband was an asylum seeker from a Middle Eastern country. After a few months, I returned to Texas. We applied for a B2 (tourist) visa for my husband to be able to come to the US so that we could marry. This was denied. So I traveled to Austria, and we got married. Shortly after we moved to Malta where we were able to regularize his status in the EU. We then applied for an I-130 visa, this was approved, and we are in the final stages of processing. It has taken over a year for us to get to this stage. Over the Christmas holidays I wanted to return to the USA to spend it with family. We inquired of the US Embassy if they would allow him to travel on a visitor's visa, and we were told that if an immigrant petition is pending for someone, the embassy cannot issue a tourist visa.

The overarching point I am trying to make is if they think you are traveling with the intention to stay, they will not issue a tourist visa. If in support of your fiance's application you mentioned "fiance" or "wedding", that probably sent up red flags.

As you can tell, a denial of a tourist visa is not a foreboding of a denial of a spouse (immigrant) visa. Just be honest with yourself and with the embassy as to what your plans are.

Oops! I'm pretty sure I posted this under the wrong thread, so how do I delete it?