Avoiding Refusal of Your Immigrant Visa Application At the U.S. Embassy

Three reasons account for about 90 percent of all refused immigrant visas:

• An incomplete or incorrectly completed Affidavit of Support.
• A lack of secondary evidence proving relationship or identity.
• Incomplete or outdated police or medical clearances.

Here is some advice to avoid being in this 90 percent.

• The I-864 Affidavit of Support (and I-864A for household members when required) is used to prove applicants will not become a public charge dependent on government welfare. Sponsors fill out this form. It is a legally binding, complex contract on which it is easy to make errors.

• You should talk with your sponsor before your interview and ensure an I-864 was filed.  If there is any doubt, consider having your sponsor complete another I-864 (and I-864A for household members whose income is included in the pledge of support) and bring the original signed forms to your interview— I-864s no longer need to be notarized.
• Tax return requirements recently changed. Now sponsors only need to present one year of tax returns.  Consider bringing your sponsor’s most recent Federal tax returns to your interview—photo copies are acceptable

• Form I-864W Exemption should be filed by the following categories of Immigrant Visa applicants who are not required to file an I-864:

• Applicants who already have 40 quarters of qualified work in the U.S. covered under the Social Security Act;
• Applicants who are the child of a U.S. citizen who will qualify for U.S. citizenship upon entry into the United States;
• Applicants who are a self-petitioning widow(er) of a U.S. citizen;
• Applicants who are self-petitioning as a battered spouse or child of a U.S. citizen or Permanent Resident.

• Fiancé(e)s (K-1), spouses (K-3), returning residents (SB-1) and follow-to-join employment (E) applicants use the I-134 Affidavit of Support form. This form must be executed less than one year prior to visa application. A copy of the sponsor’s most recent Federal income tax returns and evidence of current employment must accompany the I-134.

• Secondary evidence of relationship and identity. Principle applicants should be prepared to submit evidence that further establishes their relationship with the petitioner and with their spouse and any children applying for visas. Every applicant will need to prove identity. Bring these items to your interview:

• Six or more  personal photos with the primary applicant and petitioner (and spouse and children if they are applying) taken over a period of time; also include a copy of the petitioner’s U.S. passport or Permanent Resident Card
• Personal correspondence, home telephone records or financial records showing an ongoing relationship
• Proof of joint property ownership, joint financial obligations or remittances from the petitioner
• Baptismal records, medical records, school records and year books with photos, old and current professional ID’s
• All old passports
• Any other evidence you feel might be helpful

The Consul will expect you to bring these items to prove relationship and identity. Leaving secondary evidence at home on the interview day may cause delays in issuing your visa.

• Police clearances. Applicants aged 16 or older must have a valid Police Certificate from every country where they have lived for one year or more since reaching the age of 16 (six months or more for K visa applicants).

• Police clearances should be in the applicant’s current name, birth certificate name, maiden name and any aliases or nicknames ever used, including different spellings you have used of those names.

• Applicants must submit application documents to NVC to be documentarily qualified for the visa interview. Unless all requirements are submitted, the consulate will not process your visa application to completion. Be mindful of the expiration dates of the required documents, and bring updated ones to the interview if necessary.
• Medical clearance: All visa applicants, regardless of age, need to complete a medical examination.  Some applicants must have additional tests done and undergo long term medical treatment for tuberculosis (TB) and other diseases detected during the medical examination.  Many people miss their visa interview appointment for these reasons.  If you have or may have had TB, you should schedule your medical examination to allow sufficient time for additional tests.
• Applicants whose visa eligibility is dependent upon their marital status (i.e. K-1, K-3, CR-1, IR-1, F-1 and F2-B categories) will normally need to have their documents verified.  Those with a delayed birth or death certificate or only local civil registrar copies of such documents may need to have their documents verified.

On the day of the visa interview:

•  An applicant must have a scheduled appointment to submit an immigrant visa application.
• Come on your appointed interview date. If you fail to show up, you will be scheduled for another interview, which will likely be at least a month later.
• Leave cell phones and other electronic devices at home. Please make arrangements to leave your electronic equipment in a safe location off Embassy grounds during your interview appointment.
• Immigrant Visas cost. If you are not sure if your immigrant visa fee was paid, bring money to cover the total expense.  Check the embassy website for local procedures.
• You will also need to pay the visa delivery fee. Fees vary by location.
• The visa interview and review of an application usually takes several hours. Because of the number of applicants at many consulates, it is possible that you may spend most of a business day processing an application. In some cases, the applicant may be asked to return for another appointment.
• The consulate will likely make every effort to return an applicant’s original documents, but it is advisable not to turn in something that cannot be replaced. Consular officers often ask to see originals of documents. If the applicant wishes to keep an original document, he/she may submit a photocopy, but should have the original for inspection by a consular official. 
• Some cases will need investigation or further review that may delay the processing of the visa application by several weeks.  In such instances, applicants may be asked to return for another appointment or may be asked for additional documentation.
• If the consular officer needs verification of the petitioner’s whereabouts, the applicant may be asked to provide a Certificate of Petitioner’s Status together with a clear copy of the photo page of the petitioner’s United States passport and a clear photo of the petitioner holding a recent newspaper or magazine with a readable date or headline. The photo should be taken within a month of the applicant’s interview.