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Avoidable issues for an immigrant visa for a fiance or spouse

American Visa (XL)A brief and free counseling with an experienced attorney would help many petitioners avoid the impossible task of overturning the denial of an immigrant visa or green card for their fiance or spouse. An experienced attorney can advise a client of any potential issues that may arise prior to seeking immigration benefits. More and more spouses and fiance of U.S. citizens are facing denials of a visa at the interview and they do not even understand why. Only after the person comes to our law office for help do we find out the reason behind the denials. Many clients face the same or similar problems.

When a document preparer handles the case, neither the petitioners nor the preparer knows or understands the grounds for the denial. Form preparers are prohibited from giving any legal advice, so they cannot do much besides filling out and filing forms.

As a matter of practice, the U.S. Embassy rarely indicates the true reasons for their denial of a visa. All the embassy gives the applicants is a generic denial letter stating the relationship is not bona fide; in other words, the applicants face the accusation their marriage is sham, or not legitimate.

In some cases, the denial of a visa could have been easily avoided if a consultation with an attorney had taken place. In a prior matter, a client went to a form preparer to help process a fiance petition, which was approved. But the fiancée was denied a visa at the interview without knowing or understanding exactly why. With recommendation from the form preparer, and because of the genuine love and intention to make a new life together, the petitioner went back to the country and got married with his fiancée. The petitioner then filed a new petition, this time for a spouse rather than fiance. The form preparer filled out the spousal visa petition which also got approved; however, the visa was once again denied at the interview. A significant amount of evidence supported the validity of the marriage and of the genuine relationship. These two rounds of immigration proceedings took approximately three years. It also cost the client thousands of dollars, yet in the end the spouse still could not come to live with him in the United States.

The client came to us for help. Our investigation let us to find out that at the time our client got engaged and filed the fiancé petition, the deed to the home still had his ex-spouse on title. The property had been abandoned with the expectation the lender would immediately foreclose and just be part of their credit history. The problem was that title remained in their name because the lender had not in fact completed the foreclosure proceedings. Even when a home is foreclosed, it can be months before the title documents are actually filed with the county registry of deeds. At the time, the U.S. embassy believed that our client was still in relationship with his ex-spouse when he got engaged with the current spouse, which in their view renders his current relationship illegitimate.
It is the practice of the Law Office of Francisco J. Rosa to run a red flag check to investigate any potential issues which may be grounds for the denial of a visa. The sooner you consider these issues, the earlier you can avoid the costs of a potential denial, or worse, the additional cost and extended time you must be apart.

If you are considering petitioning your fiancé or spousal, please contact our office at (978) 458-0934 for a free consultation.