My Fiance (or Marriage) Visa Petition Was Denied!  Why?

As for the many unique couples and situations that are presented in an I-129F to USCIS for approval, you can just imagine an equal amount of unique reasons for resulting   denials.

However, for the sake of giving U.S. citizen petitioners who are considering filing for their foreign-born fiancé or spouse a baseline understanding of the process, the following are the main reasons why an I-129F petition (and or subsequent visa requests) is denied.

-The U.S. citizen has failed to properly complete the I-129F.  Period!  Now in most cases if the petitioner simply forgot to sign the petition, or inadvertently forgot to submit his or her passport photo or the filing fee, USCIS will normally issue a Request For Evidence, allowing the petitioner to amend the original petition by submitting the missing document or signature (within a limited time period). However, if the petition as originally submitted lacks the  required documents AND the petition is not signed AND the petitioner has failed to complete the petition in full (lots of unanswered questions) AND the petition lacks supporting evidence of a sincere relationship, the I-129F will be denied! Now that does not mean that your relationship is not a sincere one.  It probably means that you petition was prematurely filed.

-You (or your foreign-born fiancé) are not legally free to marry.  You must be single and of legal age to marry, a widow or widower, or divorced to file an I-129F.  Period!  You can not be legally separated or waiting for your divorce to be finalized or in the most extreme case—waiting for your spouse to succumb to a terminal illness (and yes, I have had such an inquiry).  If you can not supply evidence in the form of a finalized divorce decree or a death certificate, and note some U.S. Embassies require a government issued  “Certificate of Singlehood,” your petition will be denied.

-If you are unable to financially support your foreign-born fiancé or spouse upon their arrival into the United States, your petition will be denied.  However, the government is generous in setting the bar low for allowable incomes and circumstances.

-You (or your foreign-born fiancé or spouse) have past resolved or unresolved criminal issues.  If this is your situation, you certainly should have your case evaluated by a Fiance Spouse Visa Lawyer, BEFORE filing.

-Your foreign-born fiancé or spouse has an untreated or undiagnosed mental health issue (or communicable disease) that could possibly threaten public safety OR your foreign-born love has an active substance abuse problem.  And yes, alcoholism and or marijuana usage are considered substance abuse problems.  If any of the foregoing is your concern, you should speak with a Fiance Spouse Visa Lawyer BEFORE filing.

-You have never met your foreign-born fiancé in person, and or it has been 2 years since you have last seen your foreign-born fiancé.  FaceTime, Skype and late night WhatsApp chats spanning several time zones will not suffice.

-Your foreign-born fiancé or spouse has a negative U.S. immigration history—multiple visas requests denied, overstays of visas, etc. You should speak with a Fiance Spouse Visa Lawyer BEFORE filing if this is your issue.

– The USCIS adjudicator just does not believe that your relationship is sincere!  Period.  Why?  Lack of adequate documentation, pink-flag concerns™, glaring red-flag issues, though sincere, your particular circumstances are unique, or your petition does not pass the adjudicator’s “sniff test.”

If this is your concern (and you already know if it is), you should contact a Fiance Spouse Visa Lawyer for guidance BEFORE filing.

-Your petition contains premeditated, flagrant, discernable lies—if you lie, your petition will be denied!  Period.  It’s better to state that you do not know the answer to a question than to just make-up an answer.  And it’s certainly not in your best interest (AND it’s a crime) to willfully and knowingly lie to the government in order to obtain an immigration benefit. An ethical, honest Fiance Spouse Visa Lawyer (who is “prison-adverse”) WILL NOT be able to assist you with your petition if this is your issue!  However, (hopefully) an ethical, honest Fiance Spouse Visa Lawyer can provide counsel convincing you to take a different, legal approach in seeking an immigration benefit.

-So your I-129F was approved, your foreign-born fiancé or spouse passed the medical exam and the visa questionnaire (and supporting documentation) was properly completed; submitted. However, your fiancé or spouse had a “poor” interview and his or her visa request was denied!  It happens.  Why?  Perhaps your fiancé or spouse did not present as credible to the consular officer (verbal answers failed to match the written answers on the DS-160). Or as in most cases, your fiancé or spouse did not know enough about you to help convince the consular officer that your relationship is indeed a sincere relationship.

If you are considering filing for your foreign-born fiancé or spouse and you are concerned about any of the above issues, please, it’s in your best interest to contact a knowledgeable Fiance Spouse Visa Lawyer BEFORE filing your petition.  If your petition has been denied or if your fiancé or spouse had a “poor” interview (and the visa request was denied) again, contact a Fiance Spouse Visa Lawyer to discuss your next steps.

With perseverance sincere relationships can meet with success!

Many thanks,
Jamene Christian, ESQ.
The Fiance Spouse Visa Lawyer
www.fiancespousevisalawyer. com (LLC)