What happens USCIS denies your CR1 visa?

[Lucalee 0]

What happens USCIS denies your CR1 visa? Can you reply and start the whole process over again or is that it and you can't apply again?

Edited March 13, 2016 by Lucalee

[Transborderwife 4,666]

It's best to correct the issue and reapply.

[Lucalee 0]

Thank you, do they ever just deny outright? And how many times are you allowed to apply?

[NikLR 13,232]

The USCIS cannot deny a CR1 visa. They approve or deny petitions, specifically the I-130 petition that is the initial step in the CR1 visa process. Even if they are sent a case from an embassy or consulate, they're not approving or denying a visa, but rather the initial petition.

[Transborderwife 4,666]

What do you mean by deny outright? I don't think that there's a limit.

[Lucalee 0]

NRL that's what I mean can they deny the initial petition? And on what grounds?

Edited March 13, 2016 by Lucalee

[JFH 12,192]

What was the reason for denial? Is it something that can be fixed?

[NikLR 13,232]

Generally speaking the USCIS will request more information in an RFE (request for evidence.) They can then inform you if they intend to deny. (NOIR - notice of intent to deny.) They can also ask the petitioner in for an interview.

You have chances to prove a genuine relationship. If you cannot or there is something wrong with the paperwork they will deny it. You can fix the issue and reapply.

The only reason the USCIS will outright deny an I-130 is for the Adam Walsh Act. Please google to understand the implications of the AWA. Refiling with an AWA case is pretty much pointless, even with very good lawyers it's hard to get around an AWA denial.

[Lucalee 0]

No AWA or anything like that. Thank you very much for your help.

[JFH 12,192]

Is this about your friend and the husband who went to prison?

[Ryan H 3,856]

If USCIS denies a petition, they will send a denial notice (which is not the same as notice of intent to). If a denial notice is received, you can either appeal that decision or refile. Refiling won't yield a successful outcome unless the reasons for the denial are addressed.

[Lucalee 0]

JFH YES. Ryan thank you

[mallafri76 1,012]

Is your friend's husband the USC? If so, he can still petition for your friend. With the USC in prison, your friend's gonna have to present strong bona fida evidence and they might ask your friend a couple of extra questions at the interview, but USCIS won't deny the petition just because the petitioner is in prison unless his crime falls under the Adam Walsh Act.

[Lucalee 0]

He is in prison in the US and his nothing extreme however the concern comes at the interview, the minuet they hear prison I doubt she will be approved

[mallafri76 1,012]

Your friend's husband being in prison has nothing to do with whether or not she'll get the visa. They need to prove a bona fida relationship. If they accomplish that, the interviewer will approve the visa application, regardless of how that person feels about inmates. That's why I said they need to provide strong bona fida evidence.