Transcript of the above video: 

After years of processing cases, I recently actually got a full denial on an I-130 petition. Now before people sort of freak out about this, bear in mind this is a rather complex case; it's what is called an intra-family adoption. 

Intra-family adoptions can be very complex, not uncommon to see denials in such cases because they can be really picky at you about the issue of 2 years legal and physical custody and it is just not the most fun thing to deal with. That said, there is a remedy. In the instant case that I'm dealing with, we're filing what's called a Motion to Reopen which is different from a Motion to Reconsider, which is also different from an Appeal of a Final Decision which generally deals with legal issues arising in the underlying case. 

That said, the point I'm trying to make with this video is notwithstanding the fact that in cases involving fiancé(e)s and spouses of Americans, I have to date never been denied, that I can think of, or where there was a denial, we went through and did a waiver. Now Waivers of Inadmissibility are a different thing, so that's where someone is found to be legally inadmissible and then you go ahead and get him a waiver of that inadmissibility. A Denial can also be remedied with perhaps a Motion to Reopen where further evidence is presented and then perhaps a decision rescinding the Denial can be made. An Appeal is similar but again these are different than a finding of inadmissibility and then a subsequent waiver.

That said the point I am trying to make with this video is notwithstanding the fact I have never had a denial in Spousal type Visa situations and the case that I'm talking about here where I was denied on was an intra-family adoption, so that's a slightly different type of I-130 as opposed to a Spousal Visa. The point I'm trying to make is in even a Spousal Visa case or like a Fiancé Visa case, it is possible if a denial is issued to file what is called a motion to reopen, possibly submit more evidence and then go ahead and see if they'll make a reversal of their initial decision. Again, it also may be possible to appeal or ask for reconsideration and then appeal on legal grounds as opposed to factual grounds. 

So again, there are remedies in the event that one is denied their petition for a K-1 Fiancé Visa as well as a K-3 Marriage Visa, CR-1 Marriage Visa or IR-1 Marriage Visa for the United States.