What percentage K-1's and K-3's are rejected at the embassy level

[slujon 0]

I was just wondering, it seems like the vast majority of K1 and K3 visa get approved once they get to the embassy interview stage, based upon the number of posts that come back saying they were denied?

[TBoneTX 43,254]

In Ecuador, it's almost a guaranteed refusal or hellholish 221(g) status if the U.S. petitioner is NOT present for the FIRST interview. Elsewhere, the situation may differ. Bear in mind that many people here who were refused will not come back again to post on VJ. I know for a fact that this is true with Ecuador filers, and the embassy "ratings" are artificially high as a result.

[JimVaPhuong 4,863]

I was just wondering, it seems like the vast majority of K1 and K3 visa get approved once they get to the embassy interview stage, based upon the number of posts that come back saying they were denied?

The Department of State doesn't break it down that way, but you can get a rough idea from the total number of visas issued compared to the total number of ineligibilities. These statistics come from the following tables for 2008:

Immigrant and non-immigrant visas issued

Immigrant and non-immigrant ineligibilities

There were a total of 470,088 immigrant visas issued. There were a total of 291,792 applications where an initial finding of ineligibility was entered, and a total of 184,457 applications where the ineligibility was eventually overcome, leaving 107,335 applications that remained ineligible and did not receive a visa. If we combine the two numbers (visas issued plus remaining ineligibilities), we get 577,423 total applications, of which about 81% were eventually approved. The initial denial rate is about 51%.

There were a total of 6,603,073 non-immigrant visas issued. There were a total of 2,083,726 applications where an initial finding of ineligibility was entered, and a total of 538,129 applications where the ineligibility was eventually overcome, leaving 1,545,597 applications that remained ineligible and did not receive a visa. If we combine the two numbers (visas issued plus remaining ineligibilities), we get 8,148,670 total applications, of which about 81% were eventually approved. The initial denial rate is about 26%.

Bear in mind that these numbers vary radically from one consulate to another. Anecdotal evidence collected from attorneys show some consulates have a denial rate well above 50% for fiance(e) and spousal visas, but even these numbers vary from one attorney to another (might say something about the quality of the attorney... who knows?...).

Edited June 30, 2009 by JimVaPhuong

[slujon 0]

I was just wondering, it seems like the vast majority of K1 and K3 visa get approved once they get to the embassy interview stage, based upon the number of posts that come back saying they were denied?

The Department of State doesn't break it down that way, but you can get a rough idea from the total number of visas issued compared to the total number of ineligibilities. These statistics come from the following tables for 2008:

Immigrant and non-immigrant visas issued

Immigrant and non-immigrant ineligibilities

There were a total of 470,088 immigrant visas issued. There were a total of 291,792 applications where an initial finding of ineligibility was entered, and a total of 184,457 applications where the ineligibility was eventually overcome, leaving 107,335 applications that remained ineligible and did not receive a visa. If we combine the two numbers (visas issued plus remaining ineligibilities), we get 577,423 total applications, of which about 81% were eventually approved. The initial denial rate is about 51%.

There were a total of 6,603,073 non-immigrant visas issued. There were a total of 2,083,726 applications where an initial finding of ineligibility was entered, and a total of 538,129 applications where the ineligibility was eventually overcome, leaving 1,545,597 applications that remained ineligible and did not receive a visa. If we combine the two numbers (visas issued plus remaining ineligibilities), we get 8,148,670 total applications, of which about 81% were eventually approved. The initial denial rate is about 26%.

Bear in mind that these numbers vary radically from one consulate to another. Anecdotal evidence collected from attorneys show some consulates have a denial rate well above 50% for fiance(e) and spousal visas, but even these numbers vary from one attorney to another (might say something about the quality of the attorney... who knows?...).

So this refers to rejected at the nvc, usis level or at consulate? it was my impresion that once it gets to consulate they cant " deny the application" only make recomendations?

[JimVaPhuong 4,863]

I was just wondering, it seems like the vast majority of K1 and K3 visa get approved once they get to the embassy interview stage, based upon the number of posts that come back saying they were denied?

The Department of State doesn't break it down that way, but you can get a rough idea from the total number of visas issued compared to the total number of ineligibilities. These statistics come from the following tables for 2008:

Immigrant and non-immigrant visas issued

Immigrant and non-immigrant ineligibilities

There were a total of 470,088 immigrant visas issued. There were a total of 291,792 applications where an initial finding of ineligibility was entered, and a total of 184,457 applications where the ineligibility was eventually overcome, leaving 107,335 applications that remained ineligible and did not receive a visa. If we combine the two numbers (visas issued plus remaining ineligibilities), we get 577,423 total applications, of which about 81% were eventually approved. The initial denial rate is about 51%.

There were a total of 6,603,073 non-immigrant visas issued. There were a total of 2,083,726 applications where an initial finding of ineligibility was entered, and a total of 538,129 applications where the ineligibility was eventually overcome, leaving 1,545,597 applications that remained ineligible and did not receive a visa. If we combine the two numbers (visas issued plus remaining ineligibilities), we get 8,148,670 total applications, of which about 81% were eventually approved. The initial denial rate is about 26%.

Bear in mind that these numbers vary radically from one consulate to another. Anecdotal evidence collected from attorneys show some consulates have a denial rate well above 50% for fiance(e) and spousal visas, but even these numbers vary from one attorney to another (might say something about the quality of the attorney... who knows?...).

So this refers to rejected at the nvc, usis level or at consulate? it was my impresion that once it gets to consulate they cant " deny the application" only make recomendations?

This is from the Department of State. USCIS is Department of Homeland Security.

The consulate does have the authority to deny a visa. They don't have the authority to reject a petition which was approved by USCIS. In those cases, if they deny the visa then the petition is returned with the recommendation that it be revoked. This is where a tug-of-war can occur. USCIS cannot force the consulate to issue a visa, and the consulate cannot force USCIS to revoke a petition.

[pushbrk 12,154]

I was just wondering, it seems like the vast majority of K1 and K3 visa get approved once they get to the embassy interview stage, based upon the number of posts that come back saying they were denied?

"Denied" applies to any visa that isn't issued. At many Consulates as many as the majority of visas are not issued based on the interview because something is missing or filled out incorrectly. The majority of initial denials are eventually overcome.

It's a mistake to look at this process from the standpoint of percentages though. Just do everything you can to assure success and the percentages will be meaningless.