What If My Visa Gets Denied?

Don’t confuse getting a petition denied with getting a visa denied. There is a difference between the two.

DENIAL can be a scary word that no one wants to hear. If your petition was denied then you have a mistake in your paper work, or you forgot to include payment, or maybe you did not qualify or send enough supporting evidence. What ever the resaon, if your petition was not accepted they will tell you why. Just follow the instructions in the letter to correct the error. Getting the petition denied does not mean you got the visa denied or do not qualify. You are a long way off from getting a visa yet. First you have to get the petition approved. Then after it is approved you will apply for the visa. Usually you won’t know your visa status until you are at the Embassy. It can be denied beginning, middle or end of your interview. They will either tell you face to face or send you a letter later. If you get denied it is important that you remain calm. Do not tell the consulate what you think of him/her, burst into tears and stomp your feet on the way out the door. WHY? Because you can apply again it’s not the end of the world. NOW, I hope you and your fiance have a strong bond and she can understand, that she will have to continue to wait. If she truely loves you she will wait. I assume that you also love her so much that you will re-apply for the visa and not give up on her. SO, now that you both know that nothing can come between you lets find out what to do next.

If you get put in AR (Administrative Review), this is common. It happened to us. It was in AR for about 2 weeks but we don’t know why. We got the visa shortly after. Don’t panic here, just be patient and wait a while to see what happens. You can start calling the Embassy to bug them if you want but it is hard to get any info out of them. I know I did it. Either they will notify you by mail if something is wrong or they will issue the visa.

Sometimes a simple mistake may have to be corrected. DO NOT ever lie, they will find out. That’s when a consular officer will return the petition to USCIS with recommendation to revoke your petition on the basis of trying to get a visa with a fake/fraud/phony relationship or misrepresentation. They review the petition again before making that decision and it can take months.

your nose will grow if you lie

never lie to immigration

Anytime you get a letter from a Service Center or NVC pay close attention to it, follow the instructions. Do not ever ignore a letter or request. Especially if you get a NOID (Notice of Intent to Deny).

A lot of people give up at this point and do nothing. Some people just go get married and file a different type of visa. That could turn into a BIG MISTAKE. When I was researching I read that even some lawyers told their clients to go get married and ignore the K1 petition, file a Spousal Visa instead. Other’s said it was BAD ADVISE. That K1 petition is still open even though it is in denial stage and they are waiting for you to respond. What ever the reason is for refusal or denial it is going to follow you no matter what type of visa you apply for. As soon as they see you have a denial for the K1 and you have not responded to that satisfactory, the case is not closed it is highly possible they will deny any other visa petition. Even if the petition expires the denial is on record. So that leaves a question — “Can I file a new petition if the old one has expired?” Yes, but you still have the denial on record and now your burden of proof is much higher. And what really sucks is you have to move fast and file an appeal before it does expire, and possibly an extention if it is allowed.

I read a story about this guy who filed a K1 and got denied. The whole time he never knew that this girl had been petitioned before by someone else. Come to find out the girl used a different name the first time, so when he filed the petition under her new or real name it got shot down for multiple identities. Thus, it got put under a code they call 6c1-permanent ineligibility.

So what to do if faced with a denial? Respond to the letter if you get one. Identify the problem. Correct the Problem. Submit again. Fill out an appeal. Normally you have 30 days to appeal. Just read the instructions so you understand what to do.

appeal form & instructions

eoir29.pdfFile Size: 505 kbFile Type: pdfDownload File

Properly sign it
Include fee of $110
Include a copy of denial letter

Follow the instructions on your denial letter where to send your appeal.

Here is some more important information in this link: http://travel.state.gov/content/visas/english/general/denials.html. That’s the best I can come up with about what to do. The only other advise I can give is get expert help. I know of one couple that was denied (don’t remember why) and they got married instead in Philippines, filed a Spousal Visa and that got denied too. So the guy instead moved to the Ph and is still living there with her. If anyone knows more info let me know so I can include it here. If anyone has experienced a denial and appealed, later got approved tell me your story. THANKS…

Originally published at www.fil-amsociety.com.

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