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Full Version: I was denied a b1/2 visa last year will this affect my k3 application?
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

NikkisPrecious
Sorry, i still haven't updated my timeline, i WILL do it soon, anyways....

Last year i was travelling to the US on a frequent basis, i kept getting alot of hassle at customs because i was in an out so often. I was advised by customs AND by the embassy to apply for a b1/b2 visa.. During this time i was just travelling around the US and staying with my (then) finace. So after i was advised to get the b1/b2 visa so that i wouldn't get questioned and threated to be deported everytime i went on trips and visits, i got denied, due to not strong enough ties to the uk. 214b denial. Which now i see is fair enough i guess, but was very pissed off after i was advised by the "official" peoples to get one. So that aside, life's moved on somewhat and my finace and i have married, (in the UK). We've decided we want to live in the US so have applied for the K3 visa to do it all properly and official, like we've always done from the start (still waiting on anything to return). If and when it comes to interview time, is my previous denial of a b1/b2 visa gonna cause me problems for the K3? Can anyone really answer this question?

Consular officers have told me it shouldn't be affected at all

People on here are saying different things..

Our love is genuine and we've never done anything wrong or broken any laws.... hopefully our case will show that at the interview. To be honest were both just super scared its all going to go wrong just because of a previous denial of a damm visa i wanted to travel on a regular basis! The thing that really annoys me is that i was "advised" by the embassy and official people to get a b1/b2 to travel around. Now we've married and want to move back this could look like fraud too? You'd think there was no need to have got a b1/b2 in the first place, after prooving time and time again i was leaving before my 90 days were up on the VWP was good enough! clearly not. So in a nutshell has anyone had experiances of being denied a K3 due to a denial of a different kind of visa?
NikkisPrecious
Please help ;(
payxibka
QUOTE(NikkisPrecious @ Jan 14 2007, 02:41 PM) *
Please help ;(


Who is more believable, Consular Officers who deal with this on a regular basis or others? My initial thought is that you simply will have to explain what the deal is and it should not be a big deal, but I am not a Consular Officer so what do I know? smile.gif
NikkisPrecious
True that, but these were the people who advised me to get the b1/b2 in the first place, its a very tough one to judge. Seems like it will have to be a wait and see what happens job. I'll report back my findings when the interview comes. Just wish there was somebody else in the same boat with advice. sad.gif
payxibka
QUOTE(NikkisPrecious @ Jan 14 2007, 03:59 PM) *
True that, but these were the people who advised me to get the b1/b2 in the first place, its a very tough one to judge. Seems like it will have to be a wait and see what happens job. I'll report back my findings when the interview comes. Just wish there was somebody else in the same boat with advice. sad.gif


Understood.

If this is any consolation, many problems, transgressions or sins of the past are or can be overlooked once you are married to a USC. I will assume that you B1/2 was denied because of not being able to overcome the "intent to immigrate". Since a K-3 is a visa that indeed has an intent to immigrate then that is no longer going to be a hurdle ....
married2006
QUOTE(fwaguy @ Jan 14 2007, 06:04 PM) *
QUOTE(NikkisPrecious @ Jan 14 2007, 03:59 PM) *
True that, but these were the people who advised me to get the b1/b2 in the first place, its a very tough one to judge. Seems like it will have to be a wait and see what happens job. I'll report back my findings when the interview comes. Just wish there was somebody else in the same boat with advice. sad.gif


Understood.

If this is any consolation, many problems, transgressions or sins of the past are or can be overlooked once you are married to a USC. I will assume that you B1/2 was denied because of not being able to overcome the "intent to immigrate". Since a K-3 is a visa that indeed has an intent to immigrate then that is no longer going to be a hurdle ....

the biggest concern i have heard,is that some consulate officers play god and dont give applicants an opportunity to show your evidence.im dealing with practically the same issue.
Emo
QUOTE(NikkisPrecious @ Jan 14 2007, 01:28 PM) *
Sorry, i still haven't updated my timeline, i WILL do it soon, anyways....

Last year i was travelling to the US on a frequent basis, i kept getting alot of hassle at customs because i was in an out so often. I was advised by customs AND by the embassy to apply for a b1/b2 visa.. During this time i was just travelling around the US and staying with my (then) finace. So after i was advised to get the b1/b2 visa so that i wouldn't get questioned and threated to be deported everytime i went on trips and visits, i got denied, due to not strong enough ties to the uk. 214b denial. Which now i see is fair enough i guess, but was very pissed off after i was advised by the "official" peoples to get one. So that aside, life's moved on somewhat and my finace and i have married, (in the UK). We've decided we want to live in the US so have applied for the K3 visa to do it all properly and official, like we've always done from the start (still waiting on anything to return). If and when it comes to interview time, is my previous denial of a b1/b2 visa gonna cause me problems for the K3? Can anyone really answer this question?

Consular officers have told me it shouldn't be affected at all

People on here are saying different things..

Our love is genuine and we've never done anything wrong or broken any laws.... hopefully our case will show that at the interview. To be honest were both just super scared its all going to go wrong just because of a previous denial of a damm visa i wanted to travel on a regular basis! The thing that really annoys me is that i was "advised" by the embassy and official people to get a b1/b2 to travel around. Now we've married and want to move back this could look like fraud too? You'd think there was no need to have got a b1/b2 in the first place, after prooving time and time again i was leaving before my 90 days were up on the VWP was good enough! clearly not. So in a nutshell has anyone had experiances of being denied a K3 due to a denial of a different kind of visa?


There will be no problem whatsoever. Same case here, just don’t forget to mention the denial in the application form.

HAHAA – Denial for tourist visa to the citizen who doesn’t need it. What an idiots
NikkisPrecious
QUOTE(Emo @ Jan 15 2007, 01:53 PM) *
There will be no problem whatsoever. Same case here, just don’t forget to mention the denial in the application form.

HAHAA – Denial for tourist visa to the citizen who doesn’t need it. What an idiots


I'm a UK citizen so i did need the tourist visa to travel, however not anymore... now i'm married to a US citizen. Same thing happened to you and nothing was mentioned at the interview..??
Garfield fan
I also got denied for B1/B2 visa prior to my K3 application. During my K3 visa interview in Vancouver, the officer didn't even look at it and didn't ask any questions pertaining to this denial. I did check the box indicating that I was denied a visa before and didn't encounter any problems. My advise is just try to relax and be honest. Good luck !
NikkisPrecious
Thanks for the wise words and support good.gif
NikkisPrecious
I am going to be writing a letter to explain our chain of events in our marriage to go with the I-130 form, i'm really undecided as to be completely honest and mention the previous denial, or just be prepared if its brought up at my interview...

Help :'(
knowledge
QUOTE(NikkisPrecious @ Jan 21 2007, 12:32 PM) *
I am going to be writing a letter to explain our chain of events in our marriage to go with the I-130 form, i'm really undecided as to be completely honest and mention the previous denial, or just be prepared if its brought up at my interview...

Help :'(



One thing that might help is reading lots of interviews and making a list of questions theyusually ask to prepare...Then,you might read that some have been asked, and, that it's the usual question they ask: have you been denied at the border. If you have been denied more than once, I would remember all questions they asked then in order to decide to deny you...i.e. from your post, i noticed you wrote entering US to see your "fiancé"...which is different from seing boyfriend...because the types of visas might be different...
That said, now that you are on K-3, some have said, there is no problem...in the sens, they do not consider it, because you fixed the situation by this petition. Also, i would consider that since few weeks, they have tighten their rules, in regards to those who do the 2 routes...so, for the futur, how they might re-do their questions at the interview related to your topic, it's unknown yet...hope it helps!...and do not worry much, the past is the past...
I don't understand, where do you want to sent your letter that you are preparing..??...the general advice is to wait for an rfe...because if sent other infos to be included in the petition they already received it, it's not sure it will arrive in your file there...(i have forgotten an info also among others...so we decided to wait for an rfe, it's more sure...)
NikkisPrecious
Basically because we don't have many of the new things they are after, we wanted to supply a letter with our I-130 stating every account of our relationship, therefore when it comes to interview time, were not questioned with... "why didn;t you mention your previous denial" you see..??

I don;t know, i might just not mention it at all in the I-130 application and let it come up at the interview here in london, i'm just confused as to be really upfront with the application from the start, like literally from mailing it to the USCIS...

OR

not mention it and deal with it IF it's brought up.. i really don;t know how to go about it
Kathryn41
If you are going to the trouble to write an account of your previous travels in the US, failure to disclose that you were denied for a visitor's visa due to insufficent evidence of ties to the UK may be construed as misdirection. I have read quite a number of individuals who have been denied at one time for a visitor's visa, applying later for a K-1 or K-3 or even CR/IR-1 and having NO difficulties. At the time you were visiting the US a lot and were not able to reassure the officer that you would leave the US -in spite of your previous good conduct. This time you are not applying for a visa to visit - you are applying for a visa to remain in the US - a totally different process. If you have been denied they already have that information on file and will find it. Failure to mention it in a specific and detailed account will raise a red flag. Lying, misrepresentation or misdirection of information is considered a very serious act by US immigration. Failure to produce ties to your home while travelling in the past is not a serious act - it is quite ordinary. They won't hold it against you. They will hold misdirection against you. If you do write a detailed summary of your past travel history to the US be sure that you DO mention the denied visa; the consequences of failing to mention it will likely be far far far greater than from a denied visitors visa in the past.
knowledge
QUOTE(NikkisPrecious @ Jan 21 2007, 02:41 PM) *
Basically because we don't have many of the new things they are after, we wanted to supply a letter with our I-130 stating every account of our relationship, therefore when it comes to interview time, were not questioned with... "why didn;t you mention your previous denial" you see..??

I don;t know, i might just not mention it at all in the I-130 application and let it come up at the interview here in london, i'm just confused as to be really upfront with the application from the start, like literally from mailing it to the USCIS...

OR

not mention it and deal with it IF it's brought up.. i really don;t know how to go about it



Careful to be precise and just answer exactly the topic they are asking for: i.e. what "new things ...you don't have" versus your previous denials...In those "things", is there any mention or question if you have been denied? I assume you refere to tne new I-130, which i did not see yet, because we applied with the old one. But overall, if you are not asked, do not answer, or anticipate everything...because you panick...(they are overwhelmed with papers, need clear answers put shortly, not long novels of our lifes lol ) Answer short and straight forward only to what you are asked...This thing, it took me time to understand lol...
NikkisPrecious
Hmmm. 2 conflicting answers there...
Carrot
Nikki, I don't think you should be scared. The reason for the denial is VERY common. Tons of Russian fiancees get denied B1/B2 but it never causes problems with K1 or K3. I applied for B1/B2 6 times, 4 of them I was denied for the same reason as yours. (we are applying for K1 this week, so I don't have an interview experience yet.)
Aussielad
yes the denial is very common, so dont worry about it, just mentiion it on the form, and at teh interview the Con-Off probably wont even mention it because its a common occurance
Our Mao
I am in Canada and I was denied too. I really dont think you should send them a detailed explanation saying when and why you were denied. I do think that if you do that, you might be providing more information than is necessary and might actually go against you. (providing unnecessary information which might be not necessary do u any good) When I applied for the I-130, I did not tell them anything about being denied. However, in my DS-230, they ask you specifically if you were denied and the reason why. I came up with a short and direct answer. The bottom line is, just be honest about everything and you'll be fine and if I were you, I wouldn't volunteer that information to them. It simply is NOT NECESSARY at that stage.
NikkisPrecious
yeah i agree, i'm not gonna write a letter at all, after all my wife is petitioning for me, she probably will write a letter but not mention anything like that. I think the best way is to maybe deal with it as and when the case is forwarded here to uk and i get my interview, this has been a really interesting read tho. I wish there were more places for people with this kind of support.

good.gif
knowledge
QUOTE(NikkisPrecious @ Jan 23 2007, 07:46 AM) *
yeah i agree, i'm not gonna write a letter at all, after all my wife is petitioning for me, she probably will write a letter but not mention anything like that. I think the best way is to maybe deal with it as and when the case is forwarded here to uk and i get my interview, this has been a really interesting read tho. I wish there were more places for people with this kind of support.

good.gif



I think you are in the type of worries of the newbie..lol .Yodrak teached me when i was one and feeled i have to put all my life in the 1st form, that all your life or the parts they are interested in for the sake of the security, etc..will be deployed progressively in the forms you'll have to fill, one step at a time...to finally at the end, they have to see consistency...This is the foundation, for ex, if you have all the forms in front of you, you'll see all the questions you'll have to ansswer in the process...Maybe also important is to see which one are important: for ex the I-130 form, the 1st step form which they will make background checks...then another important one and more detailed is the Ds-230...If you say more than they ask, they'll be put in the position to check more, which means...more waiting time, etc...So, i learned to focuss and understand 1st the questions...because sometimes we need to dechifer them...because they are standard questions to include all types of cases...In the begining, I wouldn't write them "love" letters lol...i'll wait to know what they want...to understand what their logic is, what their perception is...Hope it helps and good luck...
NikkisPrecious
yep, your so right, sod the letters, they can detemine and ask accordingly! Super advice. thankyou
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