If you are an American citizen who married a foreign national and if you want him/her to come and live with you in the U.S.A, then the best option for you is to apply for any one of the marriage visas. The reason is very simple. Marriage visas are the first step towards getting an American citizenship. But, acquiring a marriage visa is not an easy task. The process involved is very complex and the chances for the U.S. marriage visa denial are many.
Some of the marriage visas that the U.S. Government offers to foreign spouses and fiancées include Immigrant Visa for a Spouse (IR1 or CR1), Nonimmigrant Visa for a Spouse (K-3), and Nonimmigrant Visa for a Fiancé(e) (K-1). Care has to be exercised when you file a petition for any of these marriage visas, if you don't want to be a victim of the U.S. marriage visa denial.
The most common factors that would lead to the U.S. marriage visa denial includes missing documents, public charge, incomplete affidavit of support, marriage for acquiring a green card, immigration marriage fraud, failure in medical examination, absence of police report, criminal charges, HIV infected, and much more.
One thing you should always bear in mind while choosing a foreign spouse is that there are many foreigners who involve in immigration marriage fraud. You should be very careful while selecting your foreign spouse, as marriage for green card has become more prevalent. Also, if your spouse is accused of immigration marriage fraud, he/she will be subject to the U.S. marriage visa rejection. Apart from marriage fraud, criminal charges like drug trafficking, overstaying a previous visa, practicing polygamy, advocating the overthrow of the government, and more, may lead to the U.S. marriage visa denial.
Other cases of immigration marriage fraud include misrepresentation of material facts about their cases and attempting to sponsor illegal immigrants by claiming them to be a part of their family. These acts would lead to the U.S. marriage visa rejection and the person in question might also be banned from entering the U.S.
The fact that the United States Citizenship and Immigration Services (USCIS) department has approved your petition does not mean that your application will not be subject to the U.S. marriage visa rejection. If the consulate identifies a reason why your marriage visa should not be approved, your petition will be returned to the National Visa Center (NVC) for tracking purposes. After tracking, if the subject is accused of fraud, criminal charges, alien smuggling, overstay in the U.S., AIDS infection, drug trafficking, and more, then marriage visas will not be issued and the accused will never be allowed to enter the country again. If you are accused of being deported from the U.S., misrepresentation of your case, or criminal arrests, then you will be asked to get a waiver from Department of Homeland Security.
There have been many U.S. marriage visa rejections because of errors in the paperwork for application of marriage visas. If you are not quite sure about filling up your form correctly, then it is suggested to seek help from professionals like USAMarriageVisas.com. USA Marriage Visas has come out with an e-book that guides you through the entire process of applying for marriage visas. The suggestions and instructions in this e-book from USA Marriage Visas will help you in filing an error-free petition, so that you can very well stay away from the U.S. marriage visa denial.