What happens if my application for a marriage-based visa is denied?
If your application for a marriage-based visa in California is denied, you may appeal the decision. You must decide if you would like to file an Appeal or a Motion to Reopen or Reconsider the decision. An Appeal must be filed with the Board of Immigration Appeals in Falls Church, Virginia. You must state the reasons why you think the decision was wrong. A Motion to Reopen or Reconsider must be filed with the same Immigration Court or USCIS office that denied your application and must include new evidence or facts that were not available at the time of the denial. If you decide to file an appeal or motion, you must provide evidence to support your claim. This can include proof of your valid marriage with documents such as a marriage certificate, joint bills, joint bank accounts, affidavits from family and friends, evidence of your interactions with each other, among other documents. It is important to note that the decision of the Immigration Court or USCIS office is not legally binding. If the appeal or motion is denied, you can submit your case to a higher court. It is also important to consult an experienced immigration attorney as early as possible in the appeals process as they can help guide you through the process and provide you with the best possible chance of success.
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