Dealing With A Spouse Visa Denial
Marrying a foreigner can create a complicated situation if he or she has never been in the U.S. before? Even if your spouse has visited your country, it can be difficult for him or her to be granted a visa for permanent residency. If you don't' want to live with your spouse in his or her country, you have the right to petition for him or her to be granted residency in the U.S. If the petition has already been filed and denied, there might still be hope with the help of a lawyer who has a concentration on family and immigration law. Read the content below for insight on what might need to be done legally to bring your spouse to the U.S.
Why the Visa Was Denied
The reason for your spouse being denied a visa for permanent residency is the most important aspect of your case. For instance, determining if the denial was unfair, or if it was justified because of a legal issue with your spouse is important. The lawyer must see a copy of the denial letter to move forward with determining if taking legal action is worthy of your time or not. Did the U.S. immigration authority say that the marriage seems like a scam, such as that your spouse isn't serious about you? If so, you may only need to prove that there is real love between you and your spouse.
Proving a Bonafide Marriage
Even if you already presented evidence of a bonafide marriage during the process of filing for a spouse visa, it doesn't mean it was sufficient enough. One thing that could have triggered the denial is if any of your evidence looked suspicious. For instance, if photographs of you and your spouse together appears as though they were photo shopped, it may have set off a red flag. Lawyers know the evidence types that are necessary for proving that a marriage is real. He or she might ask for phone records, travel itineraries, and numerous other things that shows your connection with your spouse.
Standing Up for Your Rights
In some cases, bringing a foreign spouse to the U.S. will only be possible by going to court. A family law attorney can assist with standing up for your rights as a citizen to live in the U.S. with your spouse. Going to court will be the last measure that a lawyer takes, as he or she might be able to get the visa denial overturned without having to do so.