what happens if a spousal visa is denied

[TJandJR 69]

When a k1 is denied you have the option of filing another k1with the same fiance. Or marrying. But when a spousal visa is denied can you fight it by filing again?

[apple21 953]

Depends on the why it was denied.

[NigeriaorBust 4,087]

With a K1 you can do another K1 or your can do a CR1 with a Cr1 you can wait on the review and fight it if it isn't reaffirmed or you could withdraw and refile.

[dwheels76 5,468]

When a k1 is denied you have the option of filing another k1with the same fiance. Or marrying. But when a spousal visa is denied can you fight it by filing again?

With a CR1/IR1 never a need to refile because it doesn't expire. So you either wait to be reaffirm if noiot reaffirm appeal (this after interview denial we are talking about). There is alot more wiggle room for married folk when it comes to this. And once denied they can't deny you for same reason on same petition. Thus the reason why the success rate of reaffirms. Nothing new was found so CO has to back the plkay of USCIS.

[TJandJR 69]

Ok, dwheels76, I think I understand better now. Thanks. I was afraid if we get married and got denied that there would be no more options. But you give me hope!

[NigeriaorBust 4,087]

With a CR1/IR1 never a need to refile because it doesn't expire. So you either wait to be reaffirm if noiot reaffirm appeal (this after interview denial we are talking about). There is alot more wiggle room for married folk when it comes to this. And once denied they can't deny you for same reason on same petition. Thus the reason why the success rate of reaffirms. Nothing new was found so CO has to back the plkay of USCIS.

The same is true of reaffirmed K1's, if they reaffirm instead of expire. And when you stay in the same visa class like we did they actually will look at your original denial even if it expired.

[Nigerian Queen 16]

They don't reaffirm K1 visas

[NigeriaorBust 4,087]

They don't reaffirm K1 visas

They can and have historically reaffirmed them. California expires more frequently but I have seen many reaffirmed K1's

[Cambridge2011 3]

It depends, ours was originally denied because we fell out of time with rfe. We were told to refine which we did.