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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

yasser ezz
--- hi everyone.. i have a quick quesiton i hope that someone may beable to help me. We have filed my visa in Vermont. Once vermont approves this visa i know that it well go to anther center where my wife well send more papers like affidaviat of support. Now my questions is, once my visa is approved in Vermont can it be denied because of not enough funds like in the affidavat of support papers. i know that she makes enough but this is just a incase question. Thanks for everyones help.
nowhereman
QUOTE(yasser ezz @ Aug 31 2008, 09:45 PM) *
--- hi everyone.. i have a quick quesiton i hope that someone may beable to help me. We have filed my visa in Vermont. Once vermont approves this visa i know that it well go to anther center where my wife well send more papers like affidaviat of support. Now my questions is, once my visa is approved in Vermont can it be denied because of not enough funds like in the affidavat of support papers. i know that she makes enough but this is just a incase question. Thanks for everyones help.


After the USCIS approval the file goes to the NVC (National Visa Center) for a background check. Generally files aren't at the NVC for long, maybe a week or two, and after that it moves on to the embassy. To answer your question yes the case can be denied at any point in the process... at USCIS, NVC, during the medical (e.g. communicable disease) or at the interview. There are many reasons why a case would be denied and lack of verifiable finances to support your fiancee could be one of them.

I hate to sound pessimistic but its a long, difficult process and a small, seemingly insignificant misstep can set you back for months (I tell you that from first hand experience). I wish you luck and my thoughts to you is to research the process very thoroughly and learn as much as you can.
Reallyfrustrated
QUOTE(nowhereman @ Aug 31 2008, 10:25 PM) *
QUOTE(yasser ezz @ Aug 31 2008, 09:45 PM) *
--- hi everyone.. i have a quick quesiton i hope that someone may beable to help me. We have filed my visa in Vermont. Once vermont approves this visa i know that it well go to anther center where my wife well send more papers like affidaviat of support. Now my questions is, once my visa is approved in Vermont can it be denied because of not enough funds like in the affidavat of support papers. i know that she makes enough but this is just a incase question. Thanks for everyones help.


After the USCIS approval the file goes to the NVC (National Visa Center) for a background check. Generally files aren't at the NVC for long, maybe a week or two, and after that it moves on to the embassy. To answer your question yes the case can be denied at any point in the process... at USCIS, NVC, during the medical (e.g. communicable disease) or at the interview. There are many reasons why a case would be denied and lack of verifiable finances to support your fiancee could be one of them.

I hate to sound pessimistic but its a long, difficult process and a small, seemingly insignificant misstep can set you back for months (I tell you that from first hand experience). I wish you luck and my thoughts to you is to research the process very thoroughly and learn as much as you can.


nowhereman is absolutely right. There are numerous reasons why a visa application can be denied. Making it through USCIS and the NVC does not guarantee that the Embassy will approve the visa. Just pray that the individual who conducts the interview at the Embassy had a good night sleep and woke up on the right side of the bed on the day of your interview. It amazes me that all of us go through an unbelievable amount of time, money, and mental anguish, we finally are touched by USCIS, move on to the NVC, and yet an Embassy can deny a visa! How can that be? I wish you well!!! Just make sure that you dot all of your i's and cross all of your t's.
Phillip2
yes, they are all telling you the truth all this crap and you can even be denied by someone having a crapy night of sleep
nowhereman
QUOTE(Phillip2 @ Sep 1 2008, 01:53 PM) *
yes, they are all telling you the truth all this crap and you can even be denied by someone having a crapy night of sleep
It seems that these organizations get their employees from the same pool of individuals that the DMV (Department of Motor Vehicles) draws from. I'm sure there are exceptions to this, but overall I am very displeased with the process and the individuals I have interacted with. The worst part about the situation is that these clowns hold your fate in their hands and you have to smile at them while they determine your fate.
Reallyfrustrated
QUOTE(nowhereman @ Sep 1 2008, 02:11 PM) *
QUOTE(Phillip2 @ Sep 1 2008, 01:53 PM) *
yes, they are all telling you the truth all this crap and you can even be denied by someone having a crapy night of sleep
It seems that these organizations get their employees from the same pool of individuals that the DMV (Department of Motor Vehicles) draws from. I'm sure there are exceptions to this, but overall I am very displeased with the process and the individuals I have interacted with. The worst part about the situation is that these clowns hold your fate in their hands and you have to smile at them while they determine your fate.


I wish you well in this adventure. I have read stories of denial at the Embassy and the need for second and third interviews. I just do not understand how this can be. I know there is no legal requirement for the spouse to be present for the interview but for me, I have a moral responsibility to be with my spouse at the Embassy.
nowhereman
I'm not sure if being present for the interview helps, but if you can afford the trip & feel it's necessary for moral support then by all means do it. As for denial at the interview I'm thinking at that point all of the paperwork has been checked & rechecked, so the only reason I can think of is that they don't believe the relationship is legit. For example if he's pushing 60 and she is in her mid 20's they may question that. You can "what if" yourself to death, so just be very careful filling out the paperwork & make sure your fiancee/wife brings everything she can think of to the interview.

Ling Ling
QUOTE(yasser ezz @ Aug 31 2008, 08:45 PM) *
--- hi everyone.. i have a quick quesiton i hope that someone may beable to help me. We have filed my visa in Vermont. Once vermont approves this visa i know that it well go to anther center where my wife well send more papers like affidaviat of support. Now my questions is, once my visa is approved in Vermont can it be denied because of not enough funds like in the affidavat of support papers. i know that she makes enough but this is just a incase question. Thanks for everyones help.


Just for technical clarification...an I-130 is a PETITION to apply for a Family Based Immigration Visa.
USCIS Approves your PETITION, not your Visa Application. Once approved, you are allowed to make application at NVC.
The form DS-230 is an Immigrant Visa Application, which is administered by NVC and Approved by the Embassy.

I know it's just the technical aspect, and the end result is the same, but as you can see...only the Embassy can approve or deny your Visa application.
Of course, USCIS and NVC can make your life a living hell if you don't have everything in order to get to the Embassy....and can even make it a nightmare
waiting for them when you DO have everything in order.


yasser ezz
WE EXPEDITE AT VSC THIS ALSO WELL BE EXPEDITE AT NVC AND ALL THE PROCESS AND WHAT ABOUT EVERYTHING MAKE THEM APPROVED ..... ( LING LING SAID ) Of course, USCIS and NVC can make your life a living hell if you don't have everything in order to get to the Embassy WHAT ABOUT THIS THINGS .... innocent.gif
Ling Ling
QUOTE(yasser ezz @ Sep 1 2008, 10:46 PM) *
WE EXPEDITE AT VSC THIS ALSO WELL BE EXPEDITE AT NVC AND ALL THE PROCESS AND WHAT ABOUT EVERYTHING MAKE THEM APPROVED ..... ( LING LING SAID ) Of course, USCIS and NVC can make your life a living hell if you don't have everything in order to get to the Embassy WHAT ABOUT THIS THINGS .... innocent.gif


Hope you don't mind prying, but what was your reason for the expedite request?
Just asking for future VJ people who may be in a similar situation to you, and benefit from this information.

As far as NVC making your life a living hell...don't worry about the expedite. The fact that you were granted the expedite request is prima facia evidence that you
were entitled to it. Likewise, the fact that your petition was approved, is prima facia evidence that you are entitled to a Visa. The true job of the USCIS is to determine
if the petitioner and beneficiary meet the requirements (with exception of financial support) to be issued a visa.
The true job of NVC is to make sure that all your documents and fees are correct, and do an initial review of the I-864. The true job of the embassy is to review the case, and approve your visa based on current immigration law, and to catch anything that NVC may have missed in your DS-230 or the strength of your I-864.

I rarely tell people to relax because I'm not in their shoes, but based on what you've told us about your situation...if you've submitted everything correctly for the DS-230, your Police Clearance Certificate is clear, the petitioner meets or exceeds the guidelines for their I-864, and there are no problems with the medical, you should be fine.
Taking an educated guess, I'd say you're in a stronger position than most of us BECAUSE of your expedite request...that is, your case has already been scrutinized more than most.

So I will say, relax...and keep us updated.


yasser ezz
the expedite ( Medical reason )

and i hope everyone have good time with this process
nowhereman
Getting an approved expedite means that USCIS believes the reason is valid (in your case for medical reasons). It DOES NOT necessarily mean that they will approve the petition. Basically an expedite takes your case from the bottom of the pile & puts it on top of the pile. As for an expedite at NVC you have to request a second expedite (NVC and USCIS are separate entities). You could certainly use the approved expedite from USCIS as supporting evidence, however.

I got an approved expedite at USCIS based on National Interest/ Military Reasons. I could have requested an expedite at the NVC but didn't because you often don't need to (most cases are at the NVC two weeks or less).
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