If your k-3 visa is denied, do you have to

[moneydude 0]

start all over again from 13- and 129? I was just wondering if the embassy will just outright deny your visa for some reasons. If that happens, do you have to start all over?

[Yodrak 7]

moneydude,

The reasons for denying a visa are specified in the INA. And for marriage-based visas some of those reasons can be waived.

Someone whose immigrant or K visa is denied should have been talking with an immigration attorney long before, but it's never too late to have a consultation and find out if the application has a chance.

Yodrak

start all over again from 13- and 129? I was just wondering if the embassy will just outright deny your visa for some reasons. If that happens, do you have to start all over?

[YuAndDan 153]

If they outright deny the petition at the consulate and send it back to the states you will need a lawyer to overturn the denial at the USCIS, they put a mark in the beneficiary that will cause a bar that cannot be overturned at the consular level. The denial has a mark of misrepresentation on it.

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)©(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)©(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

http://candleforlove.com/forums/index.php?showtopic=18189