Spouse Visa Refusals can be distressing for couples and families hoping to live together and start a new life in the United States, but the decision can be appealed. We’ve had spouse visa petitions denied by U.S. Visas and Immigration.
In Gehi and Associates, lawyers have an in-depth understanding of why spouse visas are refused and can provide expert advice on how to challenge the decision. In addition, if we recommend re-apply, we can provide assistance at the application stage, ensuring that your Spouse Visa application and supporting documentation are submitted correctly, drastically improving your chances of having your visa application approved.
Understanding the Reason for the Visa or Green Card Denial
You probably have some idea of why your immigration application was denied. It’s uncommon for U.S. immigration authorities to deny a case outright. The United States of America has a very precise and specific visa policy that determines whether or not applications are approved. Each application is thoroughly examined, and the majority of candidates are questioned by a consul. The procedure is highly stringent, and many people may find it frustrating and difficult, especially in circumstances of visa denial, when the applicant is left frustrated and unsure of what to do next.
What Are the Common Reasons for a U.S. Spouse Visa to Be Refused?
- Incomplete Application or Supporting Documentation
- Visa Qualifications and Immigrant Intent
- Public Charge
- Fraud and Misrepresentation
- Unlawful Presence in the United States
A spouse is a lawfully married man or woman. Same-sex spouses of U.S. citizens and LPRs, as well as their minor children, can now get the same immigration advantages as opposite-sex spouses.
A marriage does not qualify for immigration just because the couple lives together.
Depending on the regulations of the country where the common-law marriage occurs, common-law spouses may qualify as spouses for immigration purposes.
Only the first spouse may qualify as a spouse for immigration purposes in circumstances of polygamy.
What are the requirements for a spouse visa?
- Birth certificate.
- Marriage certificate for the marriage to the U.S. citizen spouse.
- Divorce or death certificate(s) of any previous spouse(s)
- Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16.
Seek the advice of a Skilled Immigration Attorney
An immigration lawyer with experience can help you fill out the necessary paperwork for your spouse and advocate on his or her behalf. If you’re applying for adjustment of status, the attorney can also accompany you and your spouse to the green card interview in the United States (which is the final step in the process if you’re applying for adjustment of status rather than going through a U.S. consulate).