Can CR1 be denied?

[portorusa 431]

Subj

and if yes, on what grounds?

[Lemonslice 4,570]

Yes. Many reasons. Fraud, sponsor not meeting requirements, relationship not appearing to be bona fide, are a few examples.

[Amadia 711]

Yes it can be denied, many others have been denied and the reasons vary.

* Affidavit of Support insufficient

* Incorrect info on the application

* Bigamy

* Failure to declare details that would constitute as lying to federal officials

* Many, many more....

[Jeanne Adil 1,651]

best explained by USCIS

 

https://www.uscis.gov/unassigned/immigrant-visa-petitions-returned-state-department-consular-offices

 

basically the CO did not believe the relationship was real

 

other reasons:   

use of drugs 

immigrant shows signs of TB 

immigrant will become a public charge

sponsor had insufficent income 

and so many others at the discretion of the CO at the interview

[jan22 2,907]

24 minutes ago, adil-rafa said:

best explained by USCIS

 

https://www.uscis.gov/unassigned/immigrant-visa-petitions-returned-state-department-consular-offices

 

basically the CO did not believe the relationship was real

 

other reasons:   

use of drugs 

immigrant shows signs of TB 

immigrant will become a public charge

sponsor had insufficent income 

and so many others at the discretion of the CO at the interview

Just want to clarify one point -- the phrase "...others at the discretion of the CO at the interview."  All of the reasons to deny a CR1 (or any other visa) are codified in immigration Iaw (the INA).  The application of that law is the responsibility of the CO...if an ineligibilty exists, they cannot ignore it at their discretion; they must apply the Iaw and deny the visa.  There is, of course, sometimes a judgment call to be made as to whether a specific set of circumstances rise to the level of an ineligibility, but most cases are actually pretty clear.

 

BRW, the link gives a good explanation of the procedure for when the underlying petition can be revoked.  However,  a visa can be refused for a reason under the INA and the petition remain valid.  If the applicant overcomes the ineligibility or gets a waiver approved for it, a visa application can still be processed on that petition.

Edited June 23, 2019 by jan22

[Pinkrlion 2,610]

Criminal history, Adam Walsh Act, CMT, previous misrep, Lifetime ban, etc.   

Edited June 23, 2019 by Pinkrlion

[geowrian 22,336]

Many, many reasons...

One must provide a valid petition and meet those requirements.

The beneficiary must then be eligible for the visa. https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXX.pdf

Edited June 23, 2019 by geowrian

[Ben&Zian 4,397]

Any visa can be denied for a lot of reasons. No visa is guaranteed. Even take examples of a tourist visa, the person can actually get the visa, and still be denied entry at immigrations as the visa is just the ability to enter the US, not guraranteed entry.

Edited June 23, 2019 by Ben&Zian

[Just Paul 4,591]

 . . . but if it is denied it will be sent back to USCIS where it can be reaffirmed, unlike a K1 which is dead.

[geowrian 22,336]

9 minutes ago, Paul & Mary said:

 . . . but if it is denied it will be sent back to USCIS where it can be reaffirmed, unlike a K1 which is dead.

Only if the issue is with the petition (i.e. not a bona fide marriage).

[portorusa 431]

Thanks for the replies!

At the stage of the interview, yes, I am aware of the cases like that when the CR1 visa was denied. 

And what about the stage of I-130 for CR1? Can it be denied by USCIS? If yes, on what grounds? And if denied, is it possible to re-submit or get it reviewed by a higher level supervisor?

[Crazy Cat 39,425]

8 minutes ago, portorusa said:

Thanks for the replies!

At the stage of the interview, yes, I am aware of the cases like that when the CR1 visa was denied. 

And what about the stage of I-130 for CR1? Can it be denied by USCIS? If yes, on what grounds? And if denied, is it possible to re-submit or get it reviewed by a higher level supervisor?

You might want to give specific case history.....It's difficult to answer such wide, hypothetical questions........

EDIT:  Does this question involve a bar in Mexico, by any chance?

Edited June 23, 2019 by missileman

[geowrian 22,336]

7 minutes ago, portorusa said:

And what about the stage of I-130 for CR1? Can it be denied by USCIS? If yes, on what grounds? And if denied, is it possible to re-submit or get it reviewed by a higher level supervisor?

Yes it can be denied.

• Incomplete petition.
• Failure to respond to an RFE.
• AWA crimes by the petitioner.
• Not a bona fide relationship between petitioner and beneficiary (i.e. marriage is not legal under US law).
• Misrepresentation.
• Many other reasons.

One can always file a new petition, although the reason for refusal would dictate if other actions are needed or not to fix the underlying issue (assuming it can be fixed).

 

You can appeal a denial if there is reason to believe the petition was incorrectly adjudicated.

[carmel34 3,532]

I get that you're worried, waiting for the I-130 petition to be approved so that you can move on to the NVC stage.  You want to be with your husband, the love of your life.  We're all going through this and it's painful.  The waiting really sucks, and you start to wonder why it's taking so long....  Hang in there, you'll be approved soon.  TSC is taking at least 7-8 months.  Be grateful that you didn't get assigned to Nebraska!  Those people have been waiting almost a year for just the petition adjudication.  If your relationship is bona fide, your documents are all good, and there are no problems related to inadmissibility, your petition will be approved.  It's hard not to worry but try to focus on the next stage and get all the documents ready to upload as it goes so much faster after the petition is approved.  If you have any red flags like a big age gap then side-load additional evidence of your bona fide relationship like financial co-mingling and visits since filing the petition at the NVC stage.  It only took us 4 months from the petition approval to receiving the CR-1 visa, so before you know it, you'll be together.  Good luck!

[bakphx1 785]

Do you have a reason to think it will be denied?  Better to explain that and intelligently address it.

 

 I have seen people post here and have a concern but are afraid to have someone say they’ll have a problem so they won’t use a vague question to get reassurances but sadly are a waste of everyone’s time because what should be dealt with is being ignored.

 

Do you have red flags or a circumstance that concerns you?