EXAMPLES OF FACTORS WHICH MAY CALL FOR VISA DENIAL: If these factors lead to the conclusion that the visa applicant did NOT show a genuine fiancee relationship under regulation, then these factors MAY lead to a decision of VISA DENIAL, 1) Gentlemen who choose NOT TO APPEAR AT VISA INTERVIEW with their lady fiancee, if coupled with other factors in the case which suggest that they may no longer be together as a couple such as the length of time since they last saw each other. [As a general precaution, gentlemen petitioners should probably now consider attending the Visa Interview, time and money permitting, even if the Consular Officer has no questions for the gentleman, as a message of support for the couple's showing of relationship]; 2) Couples who appear NOT TO SHARE A COMMON LANGUAGE (that is, the gentleman does not speak her language and the lady does not speak any English), if there are other factors in the case which create a reasonable doubt that the couple are indeed a "couple", such as significant differences in age, socio-cultural background and religious beliefs and; 3) Gentlemen who present THREE OR MORE PAST DIVORCES, if other doubt exists such as the lady fiancee not being aware or hardly being aware of the fact of the man's divorces or the general reasons for them. 4) Additional Factors: Gentlemen with a record of having filed two or more Fiancee Visas before, especially (but not necessarily) if the lady violated the terms of her visa, or simply left at the two year mark with her green card permanent residency. Ladies with a history of past Fiancee Visas. Gentlemen with current or recent serious criminal or family court background, especially concerning domestic violence, sexual abuse or molestation.
III) THE IMPORTANCE OF A DELIBERATE AND WELL-DOCUMENTED RELATIONSHIP, CULMINATING IN A PERSUASIVE INTERVIEW RESULT:
Couples would probably be well-advised to proceed cautiously and deliberately in their relationship-building, with a keen sense to well-document with photos, love letters, E-Mails, phone bills, trip receipts, and others, things such as: the gentleman's return visits to see his lady fiancee, continuous and robust communication between the couple, and a sincere desire to finalize a marriage in the U.S. within the 90-days. Moreover, it would probably behoove couples to make "full disclosure" to each other about all critical aspects of each other's past, such as, if any, past divorces, past criminal and domestic violence background and past visa history.
Ladies who are interviewed and are found to be ignorant about their gentleman's prior marital or visa history with other ladies, or their gentleman's criminal background, will not likely receive the Fiancee Visa as it may appear that the relationship is neither openly forthcoming nor sincere.
In the coming days, gentlemen should probably plan and be ready to attend the Visa Interview, and expect that the Consular Officer will explain to the lady visa applicant in her primary language about, if any, his past divorces, and criminal and domestic violence history. Likewise, in the coming days, the lady applicant should also probably be ready for more extensive questioning than before about her relationship, including whether the couple met through an "International Marriage Broker" (currently, and in my opinion erroneously, being defined as any Pen Pal site), and expect a detailed discussion in her primary language of her domestic violence rights.
As for legal remedies in case of a visa denial, current regulations and practice do allow for a few options depending on the exact reasons for denial (e.g. appeal, motion for reconsideration, motion to re-open, waiver petition, and new visa application, and informal appeal to a Congressman or Senator's office). But frankly none of these options offer particularly bright prospects for success. The far better course is simply to develop and present a case suitable for a winning visa in the first place.
The bottom line is that lady applicants and gentlemen will only need to be even more prepared and patient than before in the ever-changing visa process.
