If you have been in a marriage between a United States citizen and a citizen of another country for two years or less, chances are you are eagerly awaiting the approval of your CR-1 application. This visa will allow you and your spouse to live together in the U.S. on a conditional basis. After two years, you must be approved for an IR-1 visa.
Applying for this visa is expensive, the approval process can be quite lengthy, and your future lives as spouses (and possibly your children’s lives) depend on it. Receiving a denial is a crushing disappointment that can delay or prevent the plans you’ve made together. Understanding the main reasons for denials can help you avoid it.
3 Reasons Your CR-1 Visa Could Be Denied
Making sure your immigration case is as strong as possible ahead of time can prevent it from being denied for any of the following reasons. For more information about preparing to apply for a CR-1 visa, please visit Bader Scott immigraton lawyers.
You Don’t Meet the Income Requirement
Before your CR-1 visa application can be approved, you’ll have to show the USCIS officers that you have the ability to financially support your immigrant spouse. You can do this by providing proof of the income such as:
- Pay stubs
- W-2 forms
- Tax records
- Bank statements
- Investment statements
- Liquid assets
In order to qualify, you must meet 125% of the poverty guidelines, unless you’re an active member of the military. Active duty military members and their spouses must meet 100% of the poverty guidelines. If you don’t qualify, you can ask a friend or family member with income that does meet the guidelines to be your cosponsor.
You Are Inadmissible to the United States
You can avoid being denied on the grounds that you are in an inadmissibility category by knowing your status in advance. There are waivers available for certain classes of inadmissible persons. These are:
- People who have falsely claimed U.S. citizenship
- People who have overstayed their visa in the past
- People who have been accused of immigration fraud
- People who are likely to become dependent on government assistance
- People who don’t have the required vaccinations
- People with communicable diseases
- People with mental health disorders who may be a danger to themselves or others
- People who have multiple criminal convictions
- People who have been convicted of crimes involving moral turpitude
Not all inadmissible categories are eligible for waivers. If your immigrant spouse is a drug addict or trafficker, spy, terrorist, or Nazi, you should find another country to immigrate to because the U.S. is not going to let you in.
USCIS Officers Aren’t Convinced Your Marriage Is Real
Where immigration officials are concerned, having a marriage license and wanting to move to a new country to share your life with your spouse is not enough proof that your marriage is real. In order to validate your marriage in the eyes of USCIS, you will have to provide evidence that your marriage is not an immigration scam. You can use:
- Telephone records
- Copies of your chats
- Boarding passes
- Statements from joint bank accounts
- Deeds to jointly-owned properties
- Life insurance policies with your spouse listed as the beneficiary
- Photographs of your life together
- Your childrens’ birth certificates
The more proof you can show that you are an actual couple and this isn’t a paid arrangement, the more likely you are going to be to have your CR-1 visa approved.
When you want to spend the rest of your life with the person you love in the U.S., it can be frustrating to have to jump through hoops to prove that your spouse deserves to be let in. Working with an immigration attorney with a strong track record can make the process as smooth and fast as possible. It can also lessen your chance of facing a costly denial.
If your spouse’s application for a CR-1 visa is denied, you still have the option of appealing or reapplying. In most cases, reapplying is the more advantageous option. Appeals can take a long time, and unless you have proof that a mistake was made the process they will most likely be unsuccessful.