Checklist of Common Grounds for Immigration Visa Denial under INA 221(g)
November 22, 2010 By Cathy Tran Reck & Associates Ltd.
Below is a list of issues which either alone or in combination can lead to a K1 visa denial in the immigration visa process and under the INA 221(g) provision of the law.
The blue sheet provides a generic denial but real grounds for an immigrant visa denial may be quite obvious.
* Missing documents
* Incorrect paperwork
* Incorrect or missing translation documents
* Insufficient income/savings of the U.S. citizen sponsor
* Very large age difference between the couple
* Minimal communication or contact in the previous year, the couple have not seen each other for an extended period after filing I-129F K1 visa application
* Communication barrier where neither partner speaks the other language; poor English skills
* Partner with a minor child is unable to obtain legal custody
* Lack proof of day to day contact
* Beneficiary at the visa interview does poorly and consular officer doubts there is a bona fide relationship to the U.S. citizen
* A relative or friend in the U.S. who plays a large or active role in matchmaking
* The U.S. citizen petitioner has filed for another foreign citizen in the past
* Criminal record
* Medical condition or disease (such as AIDS, tuberculosis)
* Fiance misrepresents a fact or error at the visa interview
* Fiance presents a document that appears to be fraudulent
* Fiance has previously lived in the U.S. and overstayed the visa
For some of the issues, the U.S. Embassy will hold the case to see if the U.S. citizen fiancé or fiancée can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the United States Citizenship and Immigration Service (USCIS).
While other cases where the genuineness of the couple’s relationship is at issue, they will be transferred to the Embassy Fraud Prevention Unit which will assign an investigator to go to the fiance’s home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceeds six months and are typically are sent back to the USCIS for administrative review or with a recommendation of revocation.
In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible as defined by the U.S. Immigration and Nationality Act. If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is available although such waivers can be difficult to obtain. Attorney Cathy Tran Reck works exclusively with consular processing and has numerous I-601 waiver filings in Bangkok, Thailand and found that K1 visa cases requesting an inadmissible waiver do not necessarily mean the fiancé will be denied a K visa, as each case presents its own fact patterns that need clarification from an experienced U.S. immigration attorney to file a strong motion. The rule of thumb is to over-prepare and be forthcoming with positive facts so to make it simple for the consular officer to approve the visa.
ABOUT THE AUTHOR: Cathy Tran Reck, Attorney at Law
Cathy Tran Reck is the Managing Director of CTR. She is fluent in English and Vietnamese, certified to practice law under the California State Bar, and an active member of the American Immigration Lawyers Association and the American Bar Association.
Copyright Cathy Tran Reck & Associates Ltd.
More information about Cathy Tran Reck & Associates Ltd.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
* Missing documents
* Incorrect paperwork
* Incorrect or missing translation documents
* Insufficient income/savings of the U.S. citizen sponsor
* Very large age difference between the couple
* Minimal communication or contact in the previous year, the couple have not seen each other for an extended period after filing I-129F K1 visa application
* Communication barrier where neither partner speaks the other language; poor English skills
* Partner with a minor child is unable to obtain legal custody
* Lack proof of day to day contact
* Beneficiary at the visa interview does poorly and consular officer doubts there is a bona fide relationship to the U.S. citizen
* A relative or friend in the U.S. who plays a large or active role in matchmaking
* The U.S. citizen petitioner has filed for another foreign citizen in the past
* Criminal record
* Medical condition or disease (such as AIDS, tuberculosis)
* Fiance misrepresents a fact or error at the visa interview
* Fiance presents a document that appears to be fraudulent
* Fiance has previously lived in the U.S. and overstayed the visa
For some of the issues, the U.S. Embassy will hold the case to see if the U.S. citizen fiancé or fiancée can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the United States Citizenship and Immigration Service (USCIS).
While other cases where the genuineness of the couple’s relationship is at issue, they will be transferred to the Embassy Fraud Prevention Unit which will assign an investigator to go to the fiance’s home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceeds six months and are typically are sent back to the USCIS for administrative review or with a recommendation of revocation.
In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible as defined by the U.S. Immigration and Nationality Act. If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is available although such waivers can be difficult to obtain. Attorney Cathy Tran Reck works exclusively with consular processing and has numerous I-601 waiver filings in Bangkok, Thailand and found that K1 visa cases requesting an inadmissible waiver do not necessarily mean the fiancé will be denied a K visa, as each case presents its own fact patterns that need clarification from an experienced U.S. immigration attorney to file a strong motion. The rule of thumb is to over-prepare and be forthcoming with positive facts so to make it simple for the consular officer to approve the visa.
ABOUT THE AUTHOR: Cathy Tran Reck, Attorney at Law
Cathy Tran Reck is the Managing Director of CTR. She is fluent in English and Vietnamese, certified to practice law under the California State Bar, and an active member of the American Immigration Lawyers Association and the American Bar Association.
Copyright Cathy Tran Reck & Associates Ltd.
More information about Cathy Tran Reck & Associates Ltd.
View all articles published by Cathy Tran Reck & Associates Ltd.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
