Denied I-130

[pepper44 18]

I tried to search the forum for a thread pertaining to this..

Anyone get married in another country and then come home to start the Visa process.. go through the entire process from finish to end and interview then be told your application is denied?

Can you share your story with me public or private..

Questions

Why was is denied

What did you do about it

What can be done anout it

What was your final outcome

Just weighing my options - I know K1 Fiancee Visa's can be denied and people then turn around get married and file for spouse. Currently Cuba is not looking so hot approving things my fiancee was denied a visitor visa this week still trying to figure out the reason why but that's another story..

Wanting to know if it's best to apply for the fiancee or go get married and apply for the spouse.. There are pro's and cons to both..

[Avery Cates 1,141]

She was denied a visitor visa because she couldn't prove that she would return to her country before the end of her authorized stay.

You probably won't have a problem with an I-130. May take applying for it a couple of times, depending on country. Cuba they're in no particular rush to approve.

Edited April 18, 2014 by Avery Cates

[Sarah&Michel 6]

Cubans are usually denied visitor visas because there is a perceived threat that they will stay. Because of the Cuban Adjustment Act- any Cuban that arrives to the US can eventually request residency. Because of this, the US Interests Section denies many visas. If the applicant does not have any strong ties to Cuba, showing that they are likely to return (good job, kids, property/assets) and have never traveled outside the country before, they will most likely be denied.

In theory this should not have any bearing on your application. I am sure there have been many who had been denied visitor visas that have gone on to successfully petition for immigrant visas. What is tricky is the timing here. It will look very suspicious that he is now applying for a visa so shortly after being denied a visitor visa. This will be true if you apply for a CR-1 or a K-1 visa. My guess is that they will heavily scrutinize your case to make sure you have a bona fide relationship, so you should really work on compiling as much evidence as possible: phone calls, emails, visits, etc.

[pepper44 18]

sarah- thanks for the response we actually waited for this interview to see what happened. I was there in March and he wanted to get married but we decided to wait. Now when I return I guess we will get married and then start the process. I just wanted to know if Spouse visa's can be denied and what are the steps taken after the denial?

Because I know fiancee visa's can be denied then people go and get married turn around and apply for the spouse visa. I was thinking of skipping the whole fiancee fiasco and just marry first.

I have the evidence that is needed for both petitions just trying to figure out which one will be faster and less of a hassle as well as getting him here quicker. There are pro's and con's to both VISA's..

He is young only 31 but he has kids, has been out of the country once and returned on time, has his entire family in Cuba and he is a priest over there so who knows why they denied him but most likely it was because as everyone says they thought he was not going to return in which he actually was because of his job he needed to return..

[Ketsuban 1,034]

If a spouse visa is denied, it's sent back to NVC/USCIS (I forget which, sorry) who will send a Notice of Intent to Revoke/Deny. You then get the chance to send in more bona fide marriage evidence and they either revoke the petition altogether or send it back to NVC/the embassy for a second chance.

That is my limited understanding and I hope someone more knowledgeable will expand on this.

[Avery Cates 1,141]

Spousal visas can be denied, yes.

[pepper44 18]

okay lets go back to my original post.. Im aware spouse visa's can be denied.. what I am looking for are stories from people who experienced this and what steps they took afterwards..

Questions

Why was is denied

What did you do about it

What can be done anout it

What was your final outcome

[Avery Cates 1,141]

Can always move to Cuba.

[Ebunoluwa 6,136]

If a spouse visa is denied, it's sent back to NVC/USCIS (I forget which, sorry) who will send a Notice of Intent to Revoke/Deny. You then get the chance to send in more bona fide marriage evidence and they either revoke the petition altogether or send it back to NVC/the embassy for a second chance.

That is my limited understanding and I hope someone more knowledgeable will expand on this.

That is correct, it returns via NVC to USCIS, petitioner does a rebuttal and they send it to the embassy a second time if they are

satisfied with the newly submitted rebuttal evidence.

[JRF 117]

Did you say he was a priest over there, as in a Catholic priest?

[pepper44 18]

what does that matter.. that is irrelevant to my questions but to answer your question.. No Not catholic

[JRF 117]

I was only trying to see if he needed to show proof of having left the priesthood in order to marry, in which case you'd need to prove same. I assumed since you told us what he did, it was relevant to your questions.

[pepper44 18]

No I posted that because he was denied a visitor visa this week and someone had stated the reasons as to why it was denied so I posted a response.

No worries.. I just want to know what options are best the spouse or fiancee and thats why I started the thread to see if anyone has gone through a denied spouse visa and what steps they took after it was denied and what the final outcome was.

[B & G 200]

okay lets go back to my original post.. Im aware spouse visa's can be denied.. what I am looking for are stories from people who experienced this and what steps they took afterwards..

Questions

Why was is denied

What did you do about it

What can be done anout it

What was your final outcome

The reason why not alot of people have answered your questions is because approvals far exceed denials and on VJ you wont find very many of them.

Firstly, the fact that your fiance was denied a tourist visa will have no bearing on your visa petition, whether its a fiance or spousal one.

A denial can be for a thousand and one reasons, from (the most common) the consular officer not believing the marriage is bonafide, to misrepresentation by the applicant, certain criminal history etc.

Also it is a good possibility that you wont ever find out the exact reason why a spousal visa was denied.

Your other questions cannot be clearly answered because each reason of denial has a different path of action to follow and the outcomes vary.

My question to you is why are you so worried about a visa denial? Is there any certain red flags in your fiance's life or in your relationship history that could factor into you receiving a denial?

If you are worried that you will get denied a spousal visa because he was denied a tourist one, your worry is for nothing.

Edited April 19, 2014 by B & G

[pepper44 18]

B&G

Thanks for the response. I was asking about the denials because I see Fiancee Visa's get denied so I thought maybe there were stories of SPouse Visa's being denied but now I see they come few and far between which gives me releif.

I only have concerns because as of right now I would not attend the interview and its Cuba so that alone is a concern because they might think it is fraud when it is not.

By the time I get married we will have been together for a year so there will be enough evidence to support the relationship. I guess I worry for nothing sometimes.

But again the stories for Cuba right now are not positive.