| The thought of a visa denial is very distressing for | | | | could be difficult for those couples who are seeking a |
| many bi-national couples. The following article will briefly | | | | K3 marriage visa as recently announced NVC |
| discuss visa denials generally and provide information | | | | protocols require the "administrative closure" of certain |
| about forestalling a denial. | | | | K3 visa applications. Even though this is not an actual |
| The US visa process for the spouse or fiancee of a | | | | denial, it has the same impact as a denial because the |
| United States Citizen is somewhat byzantine as there | | | | application will not be adjudicated. Fortunately, a |
| are multiple departments and agencies that adjudicate | | | | married couple may still pursue immigrant visa benefits. |
| different aspects of visa petitions and applications. | | | | In virtually all family based petitions, the last part of the |
| Even after a visa is issued, the alien fiancee or spouse | | | | visa process happens at the American Embassy or |
| must still pass through a Customs and Border | | | | Consulate-General with jurisdiction over the alien |
| Protection inspection at a port of entry in the United | | | | spouse or fiance. In Thailand, the Consular Section of |
| States of America. | | | | the US Embassy in Bangkok adjudicates nearly all |
| The United States Citizenship and Immigration Service | | | | family based immigrant visa applications for Thai |
| (USCIS) is the first adjudicator of virtually every family | | | | nationals. Consular Officers will scrutinize the facts of |
| based visa petition. USCIS will evaluate a couple's | | | | the visa application in order to determine if the |
| documentation as well as their factual situation in order | | | | prospective Beneficiary should be admitted to the |
| to determine if they meet the general legal | | | | United States of America. In a K-1 visa case, the |
| requirements. USCIS also takes measures in order to | | | | adjudicating officer will likely scrutinize the bona fides |
| ensure that the petitioner is eligible to petition for the | | | | of the relationship as well as the applicant's subjective |
| benefits being sought. During USCIS's adjudication, | | | | intent to marry in the USA. However, the authenticity |
| steps will also be taken in order to make certain that | | | | of a spousal visa application is investigated as well, but |
| the petition complies with the provisions of the | | | | these issues can be especially acute during the visa |
| International Marriage Broker Regulation Act (IMBRA) | | | | application process for a fiancee. |
| as well as the Adam Walsh Child Protection Act | | | | After a visa interview, it is possible that the application |
| (AWCPA). In most situations, the success of a USCIS | | | | will be denied outright, but this is not usually the case. |
| petition will hinge upon the documentation presented to | | | | More common is the issuance of a 221(g) refusal |
| the reviewing officer. | | | | which is essentially a request for further |
| In the vast majority of family based cases the next | | | | documentation. In most cases, when the documentary |
| phase of the process involves the United States | | | | insufficiency is overcome the visa will be issued. |
| National Visa Center (NVC). This part of the process | | | | |