SOME THINGS WHICH CAN GO WRONG


For informational purposes, here is a partial list of some potential errors and difficulties in the visa process which have affected past applicants. The nature and type of error is identified, together with potential consequences and delay.


POTENTIAL ERRORS IN THE FIANCEE VISA PROCESS AND CONSEQUENCES
1. Proper signatures not secured on necessary forms.
I-797 Request for Additional Evidence will be sent by Immigration Service. 2-3 MONTH DELAY.
2. Photos do not conform to necessary Immigration Service specifications.
I-797 Request for Additional Evidence will be sent by Immigration Service. 2-3 MONTH DELAY.
3. All required supporting documentation not supplied, or not in proper form, or both.
I-797 Request for Additional Evidence will be sent by Immigration Service. 2-3 MONTH DELAY.
4. Legal petitions not completely or correctly prepared, or petition package not assembled in accordance with Immigration Service Regional Service Center guidelines.
Return of Petitions, and I-797 Request for Additional Evidence from Immigration Service. 2-3 MONTH DELAY.
5. Petition package not sent to correct office, or not sent with proper payment, or both.
Return of Petitions, and I-797 Request for Additional Evidence from Immigration Service. 2-3 MONTH DELAY.
6. Ill-prepared or ill-conceived responses to Consular officer's Visa Interview questions or Visa Request for Documents. This is especially problematic in cases involving a very short courtship period, or criminal backgrounds or health issues of either or both fiance(e)s, or an extensive past U.S. immigration history of the lady fiancee, particularly now in light of heightened security checks after 09/11.
Consulate's decision for Administrative Review with 2-3 MONTH DELAY. OR VISA DENIAL, either provisional or final.
7. Ill-prepared or ill-conceived submissions of Petitioner's Affidavit of Support and supporting financial documents such as federal tax returns which fail to properly show that the financial sponsor meets the minimum income guidelines, currently and consistently over time. This problem of insufficient qualifying income level is often associated with a gentlemen who might be unemployed, underemployed, possesses spotty employment or marginal financial capability, has large recent business losses, is a student, is presently in bankruptcy or just emerged from bankruptcy, or has heavy credit card or other heavy financial debt or liability. Also self-employed individuals with a cash business often have low reported income due to business expense deductions. A person who is in bankruptcy proceedings or just emerged from bankruptcy proceedings or has heavy credit card debt or other financial liability is often also a person with a lower level of qualifying reported liquid income because of frozen income due to liens by creditors or the IRS or family court or other court orders.
Consulate's decision for Administrative Review with 2-3 MONTH DELAY OR VISA DENIAL, either provisional or final. Possible requirement for co-signer. Possible inter-departmental report to IRS for further investigation if there is suspicion about financial documents such as federal tax returns.
8. Ill-prepared or ill-conceived responses to questions by Immigration Service officer at U.S. Port of Entry Interview of lady fiancee, especially now in light of heightened security checks after 09/11.
Immigration Service temporary or final REFUSAL OF FIANCEE'S ADMISSION TO U.S., and expedited return of fiancee to her country under "summary removal" procedure.
9. Failure to Comply with Petition Information Requirements or Document Requirements or Consular Interview particulars of the International Marriage Broker Regulation Act (IMBRA), 8 USC, Section 1375(a)(d)(2)(2005), et. seq. Immigration Service's or Consulate's decision for Administrative Review with 2-3 MONTH DELAY OR LONGER OR VISA DENIAL
E-Mail: garybala@VISA-Attorney.com


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Gary Bala, USA Immigration Attorney.