Foxhound

I am curious if there is anyone out there who has gone through the DCF
process and had their visa denied. I am a US Citizen and my fiancee and I
are about to get married in Brazil and then we will file the I-130 using the
DCF method.

1) Is there ANY chance that her visa could be denied?
2) What conditions might cause a visa to get denied through the DCF process
(assuming we have all our paperwork in order)?
3) What would be the next step if her visa was denied?

Thank you all! The information I've gotten on this newsgroup has been
invaluable!

-Abram

jeffreyhy

Abram,

1) Of course there's a chance - what those chances are can't be judged from the information provided.
2) The same conditions that might cause the visa to be denied if you were not using DCF.
3) The next step would depend on the reason the visa was denied and on your fiancee's circumstances in regard to that reason.

Be careful to distinguish between denied and not approved (not approved pending....something...)

Your questions are really not very meaningful. What exactly are you worried about?

Regards, JEff

sph

Abram-
There are several reasons for a visa to be denied, such as criminal record, previous overstays in the US etc. You can find them under INS law 212 (a) - do a search on the web and you will see all issues of inadmissability. Aside from that, generally speaking, the consular officer COULD in principal deny you just for thinking you could be lying, could be a terrorist, etc.
However, it does seem, that if you do not have any issues of inadmissability, are not commiting marriage fraud, and do not lie, your visa should be issued.
(remember I'm not a lawyer, just my two cents)

Foxhound

Ok, maybe I was too vague...

Can anyone provide examples from their own experience where they have
attempted to get a visa through DCF and been denied? Denied, not due to
lack of documentation, but denied for any other reasons... aside from having
a criminal background or something like that...

What I am looking for is this: What are the chances that my fiancee and I
get married in Brazil, and then she cannot come here into the US? Is the
only alternative for me to move to Brazil?

Thanks,
-Abram


"jeffreyhy" wrote in message
news:[email protected]...
    > Abram,
    > 1) Of course there's a chance - what those chances are can't be judged
    > from the information provided.
    > 2) The same conditions that might cause the visa to be denied if you
    > were not using DCF.
    > 3) The next step would depend on the reason the visa was denied and on
    > your fiancee's circumstances in regard to that reason.
    > Be careful to distinguish between denied and not approved (not approved
    > pending....something...)
    > Your questions are really not very meaningful. What exactly are you
    > worried about?
    > Regards, JEff
    > Originally posted by Foxhound
    > > I am curious if there is anyone out there who has gone through the DCF
    > > process and had their visa denied. I am a US Citizen and my
    > > fiancee and I
    > > are about to get married in Brazil and then we will file the I-130
    > > using the
    > > DCF method.
    > >
    > > 1) Is there ANY chance that her visa could be denied?
    > > 2) What conditions might cause a visa to get denied through the DCF
    > > process
    > > (assuming we have all our paperwork in order)?
    > > 3) What would be the next step if her visa was denied?
    > >
    > > Thank you all! The information I've gotten on this newsgroup has been
    > > invaluable!
    > >
    > -Abram
    > --
    > Posted via http://britishexpats.com

jeffreyhy

Abram,

The chances that your future wife cannot come to the US are somewhere between 0 and 100%. For many people it's effectively 0. In your case... well, we don't know anything about your future wife except that she's Brazilian.

You may not be able to get the visa by DCF - that depends on whether or not you are qualified to petition using the DCF process in Brazil. This is an entirely different question than whether or not your future wife is qualified for an immigrant visa to the USA.

Regards, JEff

Foxhound

Excellent info! This is what I was looking for! I am reading the INS laws
now.
Thank you!


"sph" wrote in message
news:[email protected]...
    > Originally posted by Foxhound
    > > I am curious if there is anyone out there who has gone through the DCF
    > > process and had their visa denied. I am a US Citizen and my
    > > fiancee and I
    > > are about to get married in Brazil and then we will file the I-130
    > > using the
    > > DCF method.
    > >
    > > 1) Is there ANY chance that her visa could be denied?
    > > 2) What conditions might cause a visa to get denied through the DCF
    > > process
    > > (assuming we have all our paperwork in order)?
    > > 3) What would be the next step if her visa was denied?
    > >
    > > Thank you all! The information I've gotten on this newsgroup has been
    > > invaluable!
    > >
    > > -Abram
    > Abram-
    > There are several reasons for a visa to be denied, such as criminal
    > record, previous overstays in the US etc. You can find them under INS
    > law 212 (a) - do a search on the web and you will see all issues of
    > inadmissability. Aside from that, generally speaking, the consular
    > officer COULD in principal deny you just for thinking you could be
    > lying, could be a terrorist, etc.
    > However, it does seem, that if you do not have any issues of
    > inadmissability, are not commiting marriage fraud, and do not lie, your
    > visa should be issued.
    > (remember I'm not a lawyer, just my two cents)
    > --
    > Posted via http://britishexpats.com