Trying again after denial

[Knoll 1]

Dear Readers,

If a fiancé is denied her fiancé visa, will both the man (petitioner) and woman (beneficiary) be permanently denied upon subsequent application submittals (whether you both apply again together or with different people)? In other words, do you both only have only one shot at getting approved for a fiancé visa?

Thank you.

Noll

[gwenneh 7]

It depends on why the visa was denied. Generally speaking, no, it's not a one-shot deal; you can revise and appeal or apply again.

[YuAndDan 153]

Detail the denial and reason given. Did the case get sent back to USCIS, or is it still at consulate waiting for additional evidence?

If petition gets sent back to USCIS, you will have to appeal the decision through USCIS.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[BigCityDave 0]

It depends on why the visa was denied. Generally speaking, no, it's not a one-shot deal; you can revise and appeal or apply again.

If you get denied, you can reapply but you need to appy for a waiver as well. You could go get married in the country he or she lives in and apply for the K3 visa. Or you could go live in the country where he or she lives for the time needed to gain residency and then you can file Directly to the consulate.

[pushbrk 12,910]

Dear Readers,

If a fiancé is denied her fiancé visa, will both the man (petitioner) and woman (beneficiary) be permanently denied upon subsequent application submittals (whether you both apply again together or with different people)? In other words, do you both only have only one shot at getting approved for a fiancé visa?

Thank you.

Noll

Maybe.

If you have something other than a hypothetical to discuss, please stop the wild goose chase, describe the real scenario and ask your questions.

[Rob & Jin 0]

Dear Readers,

If a fiancé is denied her fiancé visa, will both the man (petitioner) and woman (beneficiary) be permanently denied upon subsequent application submittals (whether you both apply again together or with different people)? In other words, do you both only have only one shot at getting approved for a fiancé visa?

Thank you.

Noll

Cant really answer you, did you get denied ? what was the reason ?

Edited October 19, 2007 by Rob & Jin

[Ta Ta 1]

OP is a newbie and may not know how to give specific details at this time ..........maybe just afraid what IF there is a denial and pondering the possibility and consequence.

[rebeccajo 14]

It depends on why the visa was denied. Generally speaking, no, it's not a one-shot deal; you can revise and appeal or apply again.

If you get denied, you can reapply but you need to appy for a waiver as well. You could go get married in the country he or she lives in and apply for the K3 visa. Or you could go live in the country where he or she lives for the time needed to gain residency and then you can file Directly to the consulate.

Really?

[Caladan 19]

Dear Readers,

If a fiancé is denied her fiancé visa, will both the man (petitioner) and woman (beneficiary) be permanently denied upon subsequent application submittals (whether you both apply again together or with different people)? In other words, do you both only have only one shot at getting approved for a fiancé visa?

Thank you.

Noll

noll, sport, if I've read you right, you haven't even asked her to marry you yet. Let's not get the cart too far ahead of the horse, you'll give yourself a heart attack.

The answer to your question is just 'it depends.' It would completely depend on the reason for the denial as to whether a second petition would face additional scrutiny. And also what would be meant by 'denial.' It's actually a pretty long process with plenty of places to turn around or challenge an incorrect finding, or to waive findings of inadmissibility.

[~Laura and Nick~ 5]

noll, sport, if I've read you right, you haven't even asked her to marry you yet. Let's not get the cart too far ahead of the horse, you'll give yourself a heart attack.

The answer to your question is just 'it depends.' It would completely depend on the reason for the denial as to whether a second petition would face additional scrutiny. And also what would be meant by 'denial.' It's actually a pretty long process with plenty of places to turn around or challenge an incorrect finding, or to waive findings of inadmissibility.

Edited October 20, 2007 by ~Laura and Nick~