What if visa is refused at the embassy

[vopilka 0]

Hi guys,

I was wondering if anybody has any ideas about what happens if you go to the interview at the embassy and the 2YHRR is not fully completed. I was told visa get refused. But what happens next? Do we have to start all over again with the USCIS and NVC and such or do we just wait for the 2 years to be over and then just go to the embassy with the same paperwork? (I have around half a year left, so I guess, we could reschedule to a later date just to make sure that it's a sure thing, but I just can't wait anymore )

[mustafa1232 3]

Hi guys,

I was wondering if anybody has any ideas about what happens if you go to the interview at the embassy and the 2YHRR is not fully completed. I was told visa get refused. But what happens next? Do we have to start all over again with the USCIS and NVC and such or do we just wait for the 2 years to be over and then just go to the embassy with the same paperwork? (I have around half a year left, so I guess, we could reschedule to a later date just to make sure that it's a sure thing, but I just can't wait anymore )

hi vopika some one misguide you if your marriage less than 2 year your status or you are eligible for CR1 VISA if your marriage is more than 2 year you are eligible or your status is ir1. at the time of your visa interview you are eligible for cr1 which is 2 year green card and ir1 is that person who marriage is more than 2 year old this person is eligible for 10 year green card

[Kathryn41 3,205]

Hi guys,

I was wondering if anybody has any ideas about what happens if you go to the interview at the embassy and the 2YHRR is not fully completed. I was told visa get refused. But what happens next? Do we have to start all over again with the USCIS and NVC and such or do we just wait for the 2 years to be over and then just go to the embassy with the same paperwork? (I have around half a year left, so I guess, we could reschedule to a later date just to make sure that it's a sure thing, but I just can't wait anymore )

If you are talking about the 2 year foreign residency requirement that is in place with some J-1 applications, then yes, the visa will be denied because the 2 year FRR has not yet been met so the beneficiary is ineligible to receive a visa. Since the application would have been processed from start to finish and a decision made, you would not be able to 'wait' until this condition is met and then have them consider the 'new evidence'. You would have to re-start the application process with a new application once the 2year RR has been met. If you are able to delay this current processing until after the 2 year time period has been satisfied, I believe the visa could be granted at that time. I don't think the whole application process must take place after the 2 year period has been met as long as the beneficiary has satisfied the 2 year Foreign Residency Requirement by the time the visa processing has reached the stage for approval - although I may be mistaken on that.

There is a waiver possible under certain conditions, although if you are within 6 months of completing the FRR it may be a moot point for you - and if you are in a medical field, you may not even be eligible. Here is the information, however, so you can review it: http://travel.state.gov/visa/temp/info/info_1296.html . Check out the various links included on that page as they will provide additional useful information.

Unfortunately, as hard as it is to wait, it looks like your best bet would be to try and delay the current application until the 2 year Foreign Residency Requirement has been met. If you are not able to do that, then yes, you will have to start the application over again from the beginning unless you can get a waiver, although it might be faster at this stage of the game to restart (although not cheaper).

Good luck.

[mustafa1232 3]

Hi guys,

I was wondering if anybody has any ideas about what happens if you go to the interview at the embassy and the 2YHRR is not fully completed. I was told visa get refused. But what happens next? Do we have to start all over again with the USCIS and NVC and such or do we just wait for the 2 years to be over and then just go to the embassy with the same paperwork? (I have around half a year left, so I guess, we could reschedule to a later date just to make sure that it's a sure thing, but I just can't wait anymore )

hi if you are talking about J-1 VISA you have My linka lot of option available i think you read my previous thread which iam talking about J-1 VISA and define lot of option if this link not work you can go my profile page click profile and then click post topic J-1 VISA TOPIC YOU CAN FOUND PAGE NO 6 CLICK AND READ IT

please click this linkMy link

[FLPilot 0]

Hi vopilka

My wife is in the same situation. She is Rusian and came to the US on a J-1 visa that has a 2 year HRR. She returned to Russia 2 years ago yesterday, but she has left the country many times over the last 2 years for business and pleasure, including coming here last Summer for 3 months to marry me (she had a valid B1 Tourist visa). If you add up all of the time she has been out of Russia for vacations and business (Italy, France and the US) then you add an additional 5 months. We submitted the I-130 application in February and got our NOA1 on March 2. We are hoping to get our I-130 approval in the next 4 weeks. The average time to get a visa interview in Russia after I-130 approval looks to be about 5 months, which would be in November for us. So, her additional time out of Russia will be fufilled by then anyway. We would like to have an interview earlier and hope they don't count all of her travel against her, but it is a big risk to take. We are within 6-7 months now, and like someone earlier said, if they deny the visa at the interview you probably have to start the process all over. That is why we aren't going to submit our paperwork to NVC TOO quickly, because we don't want an interview before November. If we DO get a date before then, I am afraid that asking for a later interview date will put us way back in line again. Not sure how that works, but it doesn't seem worth the risk now.

I don't know if I gave you any help, but just thought you might want to know someone else is in your shoes and feels your pain!

Good luck!

[vopilka 0]

Hi vopilka

My wife is in the same situation. She is Rusian and came to the US on a J-1 visa that has a 2 year HRR. She returned to Russia 2 years ago yesterday, but she has left the country many times over the last 2 years for business and pleasure, including coming here last Summer for 3 months to marry me (she had a valid B1 Tourist visa). If you add up all of the time she has been out of Russia for vacations and business (Italy, France and the US) then you add an additional 5 months. We submitted the I-130 application in February and got our NOA1 on March 2. We are hoping to get our I-130 approval in the next 4 weeks. The average time to get a visa interview in Russia after I-130 approval looks to be about 5 months, which would be in November for us. So, her additional time out of Russia will be fufilled by then anyway. We would like to have an interview earlier and hope they don't count all of her travel against her, but it is a big risk to take. We are within 6-7 months now, and like someone earlier said, if they deny the visa at the interview you probably have to start the process all over. That is why we aren't going to submit our paperwork to NVC TOO quickly, because we don't want an interview before November. If we DO get a date before then, I am afraid that asking for a later interview date will put us way back in line again. Not sure how that works, but it doesn't seem worth the risk now.

I don't know if I gave you any help, but just thought you might want to know someone else is in your shoes and feels your pain!

Good luck!

Hi FLPilot!

Thanks for the response, it sure is good to know that we're not the only one with this weird complications I have also left Russia two times during my 2 years here and if you add them up, you get around 3-4 months. Which actually moves my date from October to January next year. Which of course sucks And, yeah, I have no idea how people at the embassy are treating this sort of cases. I have e-mailed them before asking a question and what they told me was wrong. So now I'm kind of hesitant if I should e-mail them asking about the interview date and such.

Hope everything goes great for your wife at the interview!

[vopilka 0]

If you are talking about the 2 year foreign residency requirement that is in place with some J-1 applications, then yes, the visa will be denied because the 2 year FRR has not yet been met so the beneficiary is ineligible to receive a visa. Since the application would have been processed from start to finish and a decision made, you would not be able to 'wait' until this condition is met and then have them consider the 'new evidence'. You would have to re-start the application process with a new application once the 2year RR has been met. If you are able to delay this current processing until after the 2 year time period has been satisfied, I believe the visa could be granted at that time. I don't think the whole application process must take place after the 2 year period has been met as long as the beneficiary has satisfied the 2 year Foreign Residency Requirement by the time the visa processing has reached the stage for approval - although I may be mistaken on that.

....

Unfortunately, as hard as it is to wait, it looks like your best bet would be to try and delay the current application until the 2 year Foreign Residency Requirement has been met. If you are not able to do that, then yes, you will have to start the application over again from the beginning unless you can get a waiver, although it might be faster at this stage of the game to restart (although not cheaper).

Good luck.

Hey Kathryn44, so great to get a somewhat certain answer, although a very disappointing one Thank you!

I have to think what to do now. I really don't want to have to do it all again, that would be a pain plus so friggin expensive. And seems like rescheduling the interview might cause a bunch of troubles too. Stupid immigration laws