Table of Contents
Why was my case sent back to USCIS?
The 5 reasons for a return are: statutory ineligibility, fraud, withdrawal of petition, missing or incorrect information, and death of petitioner/qualifying relative. If the petition is missing information or there are inaccuracies, then USCIS will issue Request for Evidence (RFE).
What happens if fiance visa is denied?
There are three primary options you can take if your K1 visa petition is denied that can still provide a pathway to living together permanently in the United States. These three options are to either appeal the decision, reapply for the K1 visa, or marry in a foreign country and apply for a CR1 visa.
What happens after USCIS denied my application?
If USCIS rejects your application for adjustment of status, and you don’t have a valid, unexpired right to be in the United States (most likely under a visa), USCIS will send you into immigration court (removal) proceedings. There, you will have the “opportunity” to have an immigration judge hear your case.
How long after case is being actively reviewed by USCIS I-130?
Most Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
Can I sue USCIS for denial?
Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.
Can you appeal a denied K-1 visa?
One way of of dealing with a K1 visa denial is to appeal the decision. You can file a Form I-290B to appeal the denial as long as you do so within the time allotted by USCIS, which can be approximately 33 days. The appeal must be submitted with a nonrefundable filing fee of $675.
Why was my fiancé or spouse’s immigration petition denied?
-If you are unable to financially support your foreign-born fiancé or spouse upon their arrival into the United States, your petition will be denied. However, the government is generous in setting the bar low for allowable incomes and circumstances. -You (or your foreign-born fiancé or spouse) have past resolved or unresolved criminal issues.
What to do if your fiance or Spouse Visa is denied?
If your petition has been denied or if your fiancé or spouse had a “poor” interview (and the visa request was denied) again, contact a Fiance Spouse Visa Lawyer to discuss your next steps. With perseverance sincere relationships can meet with success!
How to bring a foreign fiance to the United States?
Visas for Fiancé (e)s of U.S. Citizens. If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as
Who is not eligible for a fiancé (e) visa?
If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, your spouse or fiancé (e) is not eligible for a fiancé (e) visa.