What Are Some Reasons For A CR1/IR1 Visa Denial And Should I Appeal or Reapply?
There are many reasons for being denied a CR1/IR1 spousal visa at the interview, and often times it is the result of missing documents.
Going to an immigration interview can be stressful and it is common that many foreign spouses get nervous and may accidentally say the wrong thing or not bring all the documents that are required.
If you have been denied a CR1/IR1 visa at the interview, you have the option to file again or request a waiver (I-160 Application for waiver of grounds of inadmissibility).
Your next steps will depend on the reason given by the immigration officer and whether you received form 221(g) for administrative processing. Fortunately, being placed on administrative processing (AP) is not a complete denial and usually means that your case is being reviewed.
Common Reasons That Your CR1/IR1 Spousal Visa Was Denied
If you were convicted for selling, smuggling, importing or trafficking drugs, you will likely be denied. If you apply for the waiver, that will also be denied.
Not Enough Evidence:
This is a simple lack of documentation that you can overcome. Sometimes the immigration officer wants to see wedding photos, proof of marriage and other evidence of a bona fide relationship.
Previous Overstays/Visa Denials:
If you have ever been denied a visitor or student visa, it will be more difficult to get approved for a CR1/IR1 visa. This doesn’t mean that you won’t be approved but you will need to apply for a waiver (I-160 Application for waiver of grounds of inadmissibility) if you are initially denied.
Your application will then be reviewed by the fraud prevention unit at the consulate or embassy. If your relationship is legit and you are not trying to commit immigration fraud, you should be able to overcome this roadblock.
Incomplete Affidavit of Support:
If your U.S. citizen spouse did not meet the income requirement and provide you with their tax transcripts (2 years), then you will probably be put on administrative processing 221(g) until you can provide it.
This is not an outright denial because once you provide the documents, your visa should be approved.
Should I Appeal A CR1/IR1 Visa Denial or Reapply?
The appeal must be filed with the correct filing fee at the office that made the original decision.
If you want to appeal the denial of spousal visa application, the notice of appeal must be filed within 30 days of the date of the decision.
If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.
I do not recommend appealing the decision because it prolongs the process and many times you will not get a favorable outcome.
Immigration law in the United States gives the responsibility for issuance or refusal of visas to consular officers overseas.
They have the final say on all visa cases. Filing an appeal can sometimes be fruitless and it would probably be better to reapply.
Before you reapply for the CR1/IR1 visa, make sure you know the exact reason for denial. You second filing will be scrutinized more because of the previous denial.