Purposely Denied Visa

[francais_usa 74]

Hello all,

So my fiance and I were confused about the expiration date of the visa for entry into the US. On SEVERAL places online, it says that the visa is valid 6 months from the date of issuance. There were a few places that stated the visa was valid 6 months from the date of the medical, and that actually turned out to be true. Though we asked the consulate this question, they didn't give us a clear answer, and they did not respond to my follow up question.

My fiance did his medical a few weeks before his interview today, but that timeline doesn't work for him to go back to the U.S. because of a job that ends in late January. At his interview today, the two consulate ladies advised him to deny the visa based on lack of documentation just to postpone the process so he could get another medical done later. Even though everything would have been approved fine, he was told to purposely deny it and submit an updated letter of intent, another medical, and his passport later on. Does this negatively impact our application for visas in the future? Is this truly a denial and will it go on record somewhere? I'm worried that they told him to do the wrong thing, and that this will jeopardize getting a green card/other things later on.

Thanks!

[canadian_wife 1,785]

I was not under the impression that the beneficiary could deny a visa

if the interview was today, what was the result?

I've heard of people purposefully not submitting documents at the interview in order to receive more time to produce the documents, thus delaying the issuance of the visa

good luck

[Penguin_ie 5,984]

Did THEY deny it and tell him to send in another medical later, or did he sign something saying he is withdrawing it? He, as the beneficiary, cannot deny a visa....

[francais_usa 74]

Oh no--my fiance did not deny it. He just talked to the consular officers and they said that even though everything was there for an approval, it would be best for them to deny it so that he could have more time to travel to the US and get another medical done later.

The result of the interview was just that it was denied under section 221(g)--even though all the docs were present.

they denied it after talking with him to see if that was the best option

[francais_usa 74]

Was this not the right decision? I don't want our visa to be stuck with processing later on! I can tell him to go back and have them mark it as approved, since it was his decision to have it denied because of work constraints. Help!

[Darnell 8,478]

Oh no--my fiance did not deny it. He just talked to the consular officers and they said that even though everything was there for an approval, it would be best for them to deny it so that he could have more time to travel to the US and get another medical done later.

The result of the interview was just that it was denied under section 221(g)--even though all the docs were present.

they denied it after talking with him to see if that was the best option

it is a rare case when Vice-Consuls accommodate Beneficiary's travel plans. Kudos ! Don't freak out, for the moment,

and instead,

concentrate on the clear instructions the Vice-Consuls gave to your fiance.

[Penguin_ie 5,984]

Seems they were genuinely nice and helpful, so things should be ok.

If you are sure he can travel in January, I'd get o that medical asap, so you can get the visa and passport back, jut for peace of mind.

[francais_usa 74]

Ok great--that was my plan. I'll tell him to schedule another medical asap to get this process moving.

Do any of you know if denials will hurt future chances to acquire visas or get a green card?

[Ebunoluwa 6,136]

Consulates can not deny a petition, they can only refuse to issue the visa. Seems that they offered to refuse with the 221g which is not a denial

but only a delay. Did they mention the petition would be returned to USCIS ? If so then the K1 visa will die the death of expiration.

If they will hold it at the consulate then that would be ok but it has to be re validated every 4 months, I would just get on with it and hurry up

the process.

[francais_usa 74]

Ok, great! They assured him it would just be a way for him to delay the process a bit. Thanks!