Why does embassy deny visas when the NVC approves petition?

[LH&me 2]

Just wondering why visas get denied when the petitioner's petition gets approved. Probably a silly question, but I wish they didn't make people wait until after the interview to declare that the application is rejected after all the effort and emotions put in to it. It's easy to say "your visa is denied" than all the running about and waiting applicants do in order to pass the interview.

Any insights?

[Altair17 9]

petition is just a permission for the person applying to bring someone into USA to marry; its independent of whoever u want to marry. Visa is an approval for an idividual to get into USA after the petition was approved.

So really I am complaining: why does it takes 2 weeks to get a visa, but takes 6 months in <f> Vermont to get a petition.

[Pitaya 2,577]

Some light reading:

DoS Nonimmigrant Visa FAQs

Good luck on your visa journey.

[del-2-5-2014 1,339]

Just wondering why visas get denied when the petitioner's petition gets approved. Probably a silly question, but I wish they didn't make people wait until after the interview to declare that the application is rejected after all the effort and emotions put in to it. It's easy to say "your visa is denied" than all the running about and waiting applicants do in order to pass the interview.

Any insights?

May I refer you to the first link in my signature? Seems that even the almighty USCIS is perplexed.

[canadian_wife 1,822]

The 1st ammendment proctect the right of the US citizen to petition the government. Which is what USCIS does with the petition, then the petition is sent off to NVC to verify documents, check financials, etc. Then the petition is sent to the consulate

The consulate decides where the visa is issued. There is no right for a visa to be issued, only that the US citizen may petition for one

Good luck

[NigeriaorBust 4,087]

At USCIS they check to see if the are 2 copies of this and one copy of that and all the signature lines are signed and all the various boxes are checked off. The petition is complete and all the requirements are met. The embassy looks at some nervous applicant and tries to decide if the petitioner and the applicant have told the truth or if they are trying to help each other with an application without merit. The embassy is usally the first time a real face comes into the process.

[aaron2020 11,651]

Just wondering why visas get denied when the petitioner's petition gets approved. Probably a silly question, but I wish they didn't make people wait until after the interview to declare that the application is rejected after all the effort and emotions put in to it. It's easy to say "your visa is denied" than all the running about and waiting applicants do in order to pass the interview.

Any insights?

You are not understanding the process.

The NVC does not approve anything. The NVC does approve the I-130; USCIS approves the I-130. The NVC does not approve the DS-230 or the I-864; the US Embassy approves the DS-230 and I-864.

The NVC collects the information, check if it for completeness, and then forwards it to the US Embassy. The US Embassy makes the decision if a visa can be issued to a beneficiary.

[Krikit 1,164]

The NVC approves/denies the US citizen's (aka the petitioner) request to petition for their fiance(e) or spouse (aka the beneficiary). It is the Consulate/Embassy's responsibility to investigate and clear the applicant Two different processes.

Moving from K-1 process to General Immigration-Related discussion.

[aaron2020 11,651]

The NVC approves/denies the US citizen's (aka the petitioner) request to petition for their fiance(e) or spouse (aka the beneficiary). It is the Consulate/Embassy's responsibility to investigate and clear the applicant Two different processes.

Moving from K-1 process to General Immigration-Related discussion.

Actually, USCIS is the agency that approves the I-130 which establishes the familial relationship that allows the beneficiary to apply for an immigration visa.

The NVC does not approve the petitioner's request to petition for anyone. It is USCIS that does that.

[Cathi 5,757]

petition is just a permission for the person applying to bring someone into USA to marry; its independent of whoever u want to marry. Visa is an approval for an idividual to get into USA after the petition was approved.

So really I am complaining: why does it takes 2 weeks to get a visa, but takes 6 months in <f> Vermont to get a petition.

nope...a lot of visas are for peple ALREADY married when they file the petition

[Bumbero 130]

May I refer you to the first link in my signature? Seems that even the almighty USCIS is perplexed.

WOW! That is worth the read. Seems like the USCIS is saying stop going off gut feelings and go by evidence. Without hard facts to back up the rejection, issue the visa.

[del-2-5-2014 1,339]

nope...a lot of visas are for peple ALREADY married when they file the petition

OP posted this in K1 and the comment was made before the post was moved, so the poster was correct.

Moving from K-1 process to General Immigration-Related discussion.

[del-2-5-2014 1,339]

WOW! That is worth the read. Seems like the USCIS is saying stop going off gut feelings and go by evidence. Without hard facts to back up the rejection, issue the visa.

Not just wimpy evidence like silly stuff like pictures were not dated (how about all the other evidence that petitioner and beneficiary were at the same place together like boarding passes, tickets, etc), not sure if Petitioner is still in love with Ex (purely speculative deal by CO) but hard core evidences that can withstand litigation. I am thinking, beneficiary comes in with stolen/forged passport, beneficiary has multiple contagious diseases and tried to bite CO, beneficiary comes in and straight up defacates a steaming pile right in the lobby. Stuff like that.

[We Are The Art 46]

May I refer you to the first link in my signature? Seems that even the almighty USCIS is perplexed.

Great info in those links, Thank You!

[Bumbero 130]

Not just wimpy evidence like silly stuff like pictures were not dated (how about all the other evidence that petitioner and beneficiary were at the same place together like boarding passes, tickets, etc), not sure if Petitioner is still in love with Ex (purely speculative deal by CO) but hard core evidences that can withstand litigation. I am thinking, beneficiary comes in with stolen/forged passport, beneficiary has multiple contagious diseases and tried to bite CO, beneficiary comes in and straight up defacates a steaming pile right in the lobby. Stuff like that.

I think I would deny my own Fiancee's visa if she walked in and layed a big stanley steamer on the lobby floor. I'd laugh a few times in disbelief first.