Discover the common reasons for U.S. spouse visa denials and how to avoid them, including issues with documentation, relationship proof, and financial requirements. We also talked about Common U.S. spouse visa denial reasons and Avoid U.S. spouse visa rejections. As well as Tips to avoid spouse visa denials and Reasons for U.S. spouse visa rejection.
Common U.S. Spouse Visa Denial Reasons
There are many reasons for a U.S. spouse visa denial. Knowing the most common reasons for U.S. spouse visa denial can help you avoid them before they happen.
Inadequate or Incorrect Documentation
Documentation is key to any application and inadequate or incorrect documentation is one of the most common reasons for U.S. spouse visa denial. The application process involves filling out several forms including the I-130 Petition for Alien Relative and the DS-260 Immigrant Visa Application. If these forms are filled out incorrectly or incompletely it can also cause delays or denial.
Make sure all forms are filled out completely, no missing information. Check all documents required are included and all signatures are present. Leaving out information or blank sections will raise red flags.
How to Fix This:
- Check all forms for accuracy.
- Submit all supporting documents like birth certificates, marriage certificates, proof of citizenship or lawful permanent residence.
- If unsure, consult an immigration attorney.
Not Enough Proof of Bona Fide Marriage
One of the main reasons for U.S. spouse visa denial is not enough proof of a real relationship. U.S. Citizenship and Immigration Services (USCIS) needs to be convinced that the marriage between the petitioner (the U.S. citizen or lawful permanent resident) and the beneficiary (the foreign spouse) is real and not a marriage of convenience to get a visa.
Marriage fraud is a big issue in immigration and applicants are required to provide a lot of evidence to prove their relationship is genuine. This includes financial records, photos together, travel itineraries, communications between the couple and testimonies from family or friends.
How to Fix This:
- Submit multiple documents to show your relationship such as joint financial accounts, bills in both names or joint leases/mortgages.
- Include photos of the couple from the wedding, holidays and other special occasions.
- Share records of communication (e.g. phone calls, text messages or emails) over time.
- Consider providing affidavits from friends and family who know about the relationship.
See also: How to Prove Your Relationship for a UK Spouse Visa
Financial Ineligibility
One of the most common reasons for U.S. spouse visa denial is not meeting the financial requirements. The U.S. spouse must prove they can support their partner by filing Form I-864 (Affidavit of Support). The sponsor must show an income that meets or exceeds 125% of the federal poverty guidelines for their household size.
If the sponsor doesn’t meet the income threshold or the Affidavit of Support is not filled out correctly, the visa will be denied. But you can use assets or a joint sponsor to meet the income requirement if needed.
How to Avoid This:
- Make sure the sponsor meets the income requirements based on household size and poverty guidelines.
- If the sponsor’s income is not enough, use a co-sponsor or show enough assets to cover the gap.
- Submit all required financial documents, tax returns, W-2’s and recent pay stubs.
Prior Immigration Violations
A history of immigration violations is another reason for U.S. spouse visa rejections. This includes overstaying a visa, entering the U.S. illegally or working without proper authorization. Violations raise questions about whether the applicant will follow the law in the future.
How to Avoid This:
- Be honest about past immigration violations. Trying to hide this will only make things worse.
- If there was a past violation, you may need to file a waiver depending on the severity of the infraction.
- Consult with an immigration attorney to see how to handle the situation.
Health Issues
In some cases, health issues can also lead to U.S. spouse visa denial. As part of the visa process, applicants are required to undergo a medical exam by an approved doctor. Certain medical conditions especially those that pose a public health risk (e.g. tuberculosis) can lead to denial. Not also completing the medical exam or not submitting the required vaccinations can also lead to rejection.
How to Avoid This:
- Get the medical exam with a USCIS approved doctor.
- Get the required vaccinations and submit medical documents.
- If there’s a health condition, work with your doctor to provide all required information.
Avoid U.S. Spouse Visa Rejections
Be careful and know the process.
Make Sure All Forms Are Complete and Correct
One of the most important steps is to make sure all forms are filled out correctly. Small mistakes or missing information can cause delays or even denial. As you go through the application, review each form multiple times to make sure everything is right.
How to Avoid This:
- Double check each form before submitting.
- Make sure all required fields are filled out and all supporting documents are attached.
- Use a checklist to make sure nothing is missed during the process.
Show Proof of a Real Marriage
The marriage is the most important part of the spouse visa application. USCIS wants to prevent marriage fraud, so it’s important to provide ample documentation that shows your relationship is real.
How to Avoid This:
- Collect lots of evidence of the relationship like joint bank statements, lease agreements, photos, and travel records.
- Get affidavits from family and friends who know you and the foreign partner.
- Make sure all evidence is recent and relevant to your relationship.
See also: UK Spouse Visa Document Checklist: What You Need to Apply
Meet Financial Requirements
Make sure the US spouse sponsoring the foreign partner meets the financial requirements. If the sponsor can’t meet the income requirements, you need to look into alternative options like a joint sponsor or evidence of assets.
How to Avoid This:
- Check the current poverty guidelines to see if the sponsor’s income is enough for the household size.
- Use assets or a co-sponsor if necessary.
- Submit all required financial documents.
Immigration Violations or Criminal History
If the applicant has immigration violations or a criminal history, you need to address these issues now. Not disclosing these will get you into more trouble and can even also result to permanent bar from the US.
How to Avoid This:
- Disclose any past immigration violations or criminal convictions.
- Consult an immigration attorney if there’s a complicated history that will affect the visa application.
- In some cases, you may need to file a waiver to overcome these hurdles.
Be Ready for the Interview
The spouse visa interview is a crucial part of the application process where you will meet with a consular officer to talk about your relationship. Being ready for this interview will make a big difference in your application.
How to Avoid This:
- Review your relationship details before the interview, including how you met, your daily life together and future plans.
- Bring any additional documents requested at the interview.
- Be honest, calm and consistent with the information in your application.
Tips to Avoid Spouse Visa Denials
In addition to addressing the specific denial reasons, here are general tips to avoid common mistakes and increase your chances of approval.
Start Early and Be Organized
The US spouse visa process is complex and requires many documents. Start the application early and be organized so you won’t miss deadlines or forget to submit important documents.
How to Stay Organized:
- Make a list of all required forms and documents.
- Keep copies of everything you submit, including all communications with USCIS or the consulate.
- Keep track of deadlines so you won’t miss appointments or deadlines.
Get Legal Help if Necessary
If your case has complexities like previous visa overstays, criminal history or difficulty meeting financial requirements. Thus, getting help from an experienced immigration attorney is a good idea.
When to Get Help:
- If your case has legal complexities or immigration violations.
- If you’re not sure of the visa requirements.
- If you want expert advice to increase your chances of approval.
Be Truthful
Lying or misrepresenting can get you banned from the US for life. Be honest throughout the whole process.
See also: Financial Requirements for a UK Spouse Visa: How Much Do You Need to Earn?
How to Avoid This:
- Answer all questions truthfully and provide evidence.
- If something changes (financial status etc) notify USCIS or the consulate asap.
- Honesty is better than trying to hide.
After you submit your application, USCIS or the U.S. embassy may request additional documents or information. Respond quickly to avoid delays or denial.
How to Avoid This:
- Always check for any Requests for Evidence (RFEs) from USCIS and respond fast.
- Keep track of communication with USCIS or the consulate to not miss any requests.
- Provide all requested information and documents asap.
Reasons for U.S. Spouse Visa Rejection
Beyond the usual reasons for denial, other factors can also lead to a U.S. spouse visa rejection. Know these potential obstacles and address them in your application.
Criminal Record
A criminal record can get you a U.S. spouse visa rejection if the crimes are serious or involve moral turpitude. But not all criminal offenses will get you denied. Minor offenses or old convictions might not prevent you from getting a visa but more serious crimes (e.g. drug trafficking or terrorism) can be a problem.
How to Avoid This:
- Disclose all criminal history on your application.
- Consult an immigration attorney if you’re not sure how your criminal history will affect your case.
- File for a waiver if eligible for certain types of convictions.
Fraud or Misrepresentation
Any fraud or misrepresentation will get you an automatic denial of the spouse visa. This includes lying about your relationship, providing false documents or withholding important information. In some cases fraud can get you banned for life from the US.
How to Avoid This:
- Provide accurate and truthful information on your application.
- Don’t submit any documents that can be interpreted as fraudulent or misleading.
- Be transparent with USCIS about any issues in your case.
Missing Visa Appointments
Missing important visa appointments like the interview or medical exam can delay your application or get you denied. Attend all scheduled appointments to keep the process moving.
How to Avoid This:
- Mark your calendar for all visa appointments including medical exams, biometrics appointments and interviews.
- If an emergency arises notify the U.S. embassy or consulate in advance to reschedule your appointment.
- Be on time with all required documents.
Changes in Circumstances
Changes in circumstances, like job loss or change in marital status can affect the visa application. For example if the sponsor loses their job and can no longer meet the financial requirements it may also get rejected.
How to Avoid This:
- Keep USCIS and the consulate informed of any major changes.
- Provide new documents as needed to reflect the new circumstances (e.g. new job offer or co-sponsor’s financial documents).
- Be ahead of the game and resolve potential issues before they become a reason for denial.
Conclusion
The U.S. spouse visa application process is complicated but knowing the common reasons for U.S. spouse visa denials and taking steps to avoid them can make a big difference. Whether it’s providing strong evidence of your marriage, being financially eligible or responding quickly to RFEs, a well prepared application is key to reuniting with your spouse in the U.S.
If you’re having challenges or unsure about any part of the process, seeking legal advice can be a big help. Every situation is unique and professional guidance can help you overcome the obstacles and get your spouse visa.
See also: https://www.boundless.com/immigration-resources/why-would-my-green-card-application-be-denied-3/