What Happens After a Marriage-Based Visa Denial?

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Immigrant visa for a spouse of a U.S. citizen

Marriage-based visa denial procedure: what happens and what to do

A marriage-based immigrant visa (CR-1/IR-1) can be refused at the consulate for missing items (§221(g)) or denied for inadmissibility (§212(a)). However, most cases can be fixed with documents, waivers, or a USCIS review. We map next steps so you respond fast and correctly.

First, identify the type of refusal

  • 221(g) “administrative processing” or missing docs: Not a permanent denial. Provide the requested items or wait while security checks finish.

  • 212(a) inadmissibility: A legal bar (e.g., unlawful presence, misrepresentation, certain crimes, medical, public charge). Often requires a waiver.

  • Petition returned to USCIS (NOIR/NOID): The consulate doubts the marriage or the petition; USCIS re-reviews. You must rebut with evidence.

Common problems—and typical fixes

Relationship evidence concerns
Add stronger bona fides: marriage/child records, joint lease/bank/taxes, photos, travel logs, messages, affidavits. If USCIS issues a NOIR/NOID, respond point-by-point with organized exhibits.

Unlawful presence bars (3-/10-year)
Consider I-601A (provisional) or I-601 waivers based on extreme hardship to a U.S. citizen/LPR spouse/parent.

Misrepresentation / fraud (§212(a)(6)(C)(i))
Possible I-601 waiver (hardship to qualifying relative). Provide a detailed declaration, timeline, and corroboration. (Note: no waiver for some fraud types.)

Certain criminal issues
Analyze the exact statute and records. 212(h) may waive some CIMTs; substance offenses are limited. Get certified court documents.

Medical grounds
Complete treatment, vaccination updates, or required follow-ups; submit panel-physician clearance.

Public charge / I-864 issues
Update I-864, show domicile, add a joint sponsor, and include recent tax/W-2s and consistent income proof.

Step-by-step after a denial/refusal

  1. Read the refusal sheet carefully—note the INA section and any checklist items.

  2. For 221(g): Upload/submit the requested docs via the portal/drop-off and monitor status.

  3. For 212(a): Determine if a waiver exists; prepare I-601/I-601A (and any I-212 if needed) with a hardship packet.

  4. If the petition is returned to USCIS: Track for NOIR/NOID; submit a robust rebuttal with exhibits.

  5. If delay is excessive: Consider status inquiries, congressional help, or (in narrow cases) mandamus to compel a decision—not to force approval.

  6. When approved after fix: The consulate resumes processing and issues the visa; confirm medical validity and validity window to enter.

Evidence checklist (gather now)

  • Refusal sheet with INA citations and case number

  • Petition file copies (I-130, receipts, prior RFEs)

  • Relationship evidence (see above)

  • Financial docs for I-864 (tax returns, W-2s/1099s, employment letter, pay stubs, domicile proof)

  • Hardship packet for waivers (medical, financial, caregiving, country-conditions)

  • Court/medical records if relevant; certified translations

As a result, your response targets the exact legal problem instead of resubmitting generic papers.

FAQs

Is 221(g) a denial?
No. However, ignore it and your case can lapse. Provide what’s requested promptly.

How long do waivers take?
Timelines vary; we file a complete, well-indexed package to avoid RFEs and cut re-work.

Can we appeal a consular denial?
Direct appeals are limited. Instead, use waivers, USCIS re-review (NOIR/NOID), or narrow legal inquiries where appropriate.

Do we have to re-file the I-130?
Only if USCIS revokes it and you cannot overcome the reason. Otherwise, fix via rebuttal/waiver.

How we help

First, we pinpoint the INA section on your refusal. Next, we assemble the exact fix (documents, waiver, or NOIR rebuttal). Then, we file with clear tabs, indices, and affidavits. Finally, we track the case through approval and entry planning.

Need help after a marriage-based visa denial? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information, not legal advice. Options depend on your facts and current policy.

A seminar will begin this month to assist clients on how to proceed when a denial is issued a seminar will be provided.
This seminar will discuss concrete strategies and advice on how to proceed when your marriage-based or fiancé(e).
Visa application is denied at the consulate.
Registration is open until 11:59pm, Monday, February 7.

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