The denial can be declared right after finishing the interview, as a consequence of failing to provide the required documents. The applicant can also be informed by getting the notice of denial, which will contain the reason for denial.
There are two options to go forward. They are formed based on the reason for visa denial in the specific case, so knowing the reason will help the applicant decide what to do next. After evaluating the problem, it is possible to:
1. Appeal the denial decision through Form EOIR-29 within 30 days of getting the decision. The appeal fee is 110$. When the appeal gets filed, it will be reviewed again by the same officer that has brought the denial decision, and then by a different immigration authority. This process can last long, and more, these outcomes can often be unsatisfactory.
2. Reapply for the I-130 visa, or file the visa request based on another alien category class. It is necessary to take action and respond within the same 30 days deadline. This procedure seems easier than the first one, and spouses usually opt for it.
If the applicant fails to respond within the deadline, it will lead to the case closure. The cancellation consequences are long-lasting since that will represent a warning sign for the immigration officer whenever this foreign spouse submits a new petition.
When the petition gets filed, the recommendation is to invest equal attention in preparing the I-130 form and all additional documents and evidence of bona fide marriage. The petitioner should make sure that all the requirements are met.