Back ground check before i-130 approval

[ans khan 1]

Hi vj members , can anyone answer the following questions?

What type of back ground checks performed before approval of i-130?

Does the previous history of US travel, extended stay , two or more attempts for non immigrant visas(denied) in past consider or check?

Is all this information available to USCIS and they must review it?

Can it cause delay, refusal etc?

If the petition gets approved then can a CO may deny a visa because of any of these above mentioned reasons ? Even though the USCIS has approved the petition after all the back ground checks?

Thanks in advance

[dwheels76 5,468]

Hi vj members , can anyone answer the following questions?

What type of back ground checks performed before approval of i-130?

Does the previous history of US travel, extended stay , two or more attempts for non immigrant visas(denied) in past consider or check?

Is all this information available to USCIS and they must review it?

Can it cause delay, refusal etc?

If the petition gets approved then can a CO may deny a visa because of any of these above mentioned reasons ? Even though the USCIS has approved the petition after all the back ground checks?

Thanks in advance

Yes they do all kinds of checks. On both you and of course all that information is available to USCIS. Yes it can cause delay and yes USCIS can deny a petition from the start. They have that authority. Mostly the I-130 petition part is to make sure the petitioner is qualified to petition and that the parties meet the criteria of say a married couple (id married before you are divorced) or a engaged (both free to marry)

Yes a CO can refuse you a VISA even though USCIS approved. They send back people either refile get reaffirmed and case goes back and forth.

I have a friend denied at inerview, reaffirmed at USCIS back for second interview put in AP for 4 months now they been denied second time after a reaffirm. It happens.

this sentence here "Does the previous history of US travel, extended stay , two or more attempts for non immigrant visas(denied) in past consider or check?", Will just make the interview extra scrutiny because it may look to the CO like the immigrant is trying to get to the US by any means necessary. The timeline, who petitioned will be very key. If it was multiple different people that is a BIG RED FLAG!!

Depending on how long of an overstay may result in a 5 or 10 year ban. Than a waiver would have to be filed.

[apple21 953]

USCIS also conducts criminal background check for the petitioner.

[FZSA 23]

Non-Immigrant visa dined is not a big fault even your immigrant visa does not deny because of non-immigrant visa deny unless you tell a lie or present fake documents on that time.....

Mostly non-immigrant visa deny reason is that person will not leave USA or he/she will get married there ....

While immigrant visa specially spouse is legal married visa so there is no reason to deny your visa on the basis of non-immigrant visa issue

Off-cause overstayed is big problem even deny on POE is also a big problem....which make your immigrant visa process long

[ans khan 1]

I am thankful to all of you for such a quick response.

our case is v.straight, married for last six years, our child is five years old. All financial, social and cultural proofs a couple can show we have all these. Petition approved in six months without rfe. Spouse visited sixteen times during six years. Visited Canada twice together.

But the issue is that our marriage is arranged. Just happened in a week even we first time saw each other on the day of our wedding.People who belong to sub continent know it is a normal practice there. He was LPR at that time. My bad luck is I applied for student visa twice in the same year. First time three months before my date of marriage and second time just 10 days before. As I was not engaged at that time so I wrote it in both student visa application.

Now how can I convince CO that i was not engaged at that time and my marriage happened in this manner. We did it in good faith. Never lie in any case but my situation is very awkward. Although we can apply for F2-A but didn't do so and take time to show our marriage is bonafide.

Please look at the case from CO point of view and also guide me how to convince him/her.

Should we hire a lawyer?

The final words in my situation is it was just a bad luck otherwise no one can dig a pit for himself.

[dwheels76 5,468]

I am thankful to all of you for such a quick response.

our case is v.straight, married for last six years, our child is five years old. All financial, social and cultural proofs a couple can show we have all these. Petition approved in six months without rfe. Spouse visited sixteen times during six years. Visited Canada twice together.

But the issue is that our marriage is arranged. Just happened in a week even we first time saw each other on the day of our wedding.People who belong to sub continent know it is a normal practice there. He was LPR at that time. My bad luck is I applied for student visa twice in the same year. First time three months before my date of marriage and second time just 10 days before. As I was not engaged at that time so I wrote it in both student visa application.

Now how can I convince CO that i was not engaged at that time and my marriage happened in this manner. We did it in good faith. Never lie in any case but my situation is very awkward. Although we can apply for F2-A but didn't do so and take time to show our marriage is bonafide.

Please look at the case from CO point of view and also guide me how to convince him/her.

Should we hire a lawyer?

The final words in my situation is it was just a bad luck otherwise no one can dig a pit for himself.

I think you are worrying about the wrong thing. The biggest issue you will have is the country of origin. If the beneficiary is male and you have here Pakistan be prepared for being put in AP. Which could be days, weeks months or years of back ground checking, name checking and security checks.

After 6 years of marriage an arranged marriage is really a moot point.

I only asked about the multiple visa you applied for to ask were they under different people and it wasn't. It's when people have filed visitor Visa, student visa or K1, married and all under a different petitioner that would be not good.

I don;t think the issue of proving a bonafide is of concern. But the interview should be fine just prepare for AP if you get no worries if not even better.

[FZSA 23]

I am thankful to all of you for such a quick response.

our case is v.straight, married for last six years, our child is five years old. All financial, social and cultural proofs a couple can show we have all these. Petition approved in six months without rfe. Spouse visited sixteen times during six years. Visited Canada twice together.

But the issue is that our marriage is arranged. Just happened in a week even we first time saw each other on the day of our wedding.People who belong to sub continent know it is a normal practice there. He was LPR at that time. My bad luck is I applied for student visa twice in the same year. First time three months before my date of marriage and second time just 10 days before. As I was not engaged at that time so I wrote it in both student visa application.

Now how can I convince CO that i was not engaged at that time and my marriage happened in this manner. We did it in good faith. Never lie in any case but my situation is very awkward. Although we can apply for F2-A but didn't do so and take time to show our marriage is bonafide.

Please look at the case from CO point of view and also guide me how to convince him/her.

Should we hire a lawyer?

The final words in my situation is it was just a bad luck otherwise no one can dig a pit for himself.

You are really worried about it just because you applied for student visa .....

Dont take tension ...I believe they will not ask you about these visas ...

[Ryan H 3,813]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion; topic is applicable to multiple processes.