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Socal.love

Beginning of k-1 with previous student visa denied

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Just wanted to hear from others if you have experienced a student visa denial, what your results were when requesting for approval of a K1, i-129f.

 

My fiance is in Germany.  In 2012 he reapplied for his student visa and was denied due to  " sufficiently not having strong ties to the home country" I am worried we will run into problems because of this but we were a lot younger and i'm not sure if maybe this was one of the reasons. He had spent most of his early adulthood in the US and. He is 23 now has been going to school since 2014 and working since 2015 and when he applied to renew the visa he had recently turned 18 and his parents were the ones who were financially sponsoring him.

 

After talking to a few different lawyers they each told me different routes to go about for him to immigrate some which sounded illegal and just left me discouraged in trusting any of them that we decide to do it ourselves but also one of them left me scared saying that we would automatically get denied because of a previous visa denial. Just wanted to know if anyone else was in this situation and if you were approved for the K1, we are in the beginning of filling out paperwork.

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A student visa gets denied if they suspect the beneficiary wants to immigrate.  A k1 fiance visa is to immigrate, so there should be no problem with the previous denial, unless he lied to try and get approved for a student visa (such as said he was married when he was not etc).

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I was previously denied a student visa due to earlier ESTA overstay and a bar when I was 19...  The years went by and when I met my now husband and we decided to file for K1 this worried me as well. Other than being completely honest on the DS-160 it wasn't a problem. At the interview I was asked why I had never visited my then fiancé in the US (he visited me) I said cause I didn't want to go through the tourist visa application process since I was ineligible for ESTA and was previously denied a student visa. He then asked me how come I was ineligible for ESTA (although it was right there in his papers lol) So I said I overstayed years ago.... he asked me how long, what was I doing and how did I support myself during my overstay. I was just honest about all those answers and he said as long as my statements checked out with their systems my visa was approved.

I know you guys don't have a past overstay, only the visa denial.. and as Penguin explained you are now trying to immigrate so it will not be a problem, unless you are dishonest during the process.

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On 1/6/2017 at 0:01 PM, Socal.love said:

Just wanted to hear from others if you have experienced a student visa denial, what your results were when requesting for approval of a K1, i-129f.

 

My fiance is in Germany.  In 2012 he reapplied for his student visa and was denied due to  " sufficiently not having strong ties to the home country" I am worried we will run into problems because of this but we were a lot younger and i'm not sure if maybe this was one of the reasons. He had spent most of his early adulthood in the US and. He is 23 now has been going to school since 2014 and working since 2015 and when he applied to renew the visa he had recently turned 18 and his parents were the ones who were financially sponsoring him.

 

After talking to a few different lawyers they each told me different routes to go about for him to immigrate some which sounded illegal and just left me discouraged in trusting any of them that we decide to do it ourselves but also one of them left me scared saying that we would automatically get denied because of a previous visa denial. Just wanted to know if anyone else was in this situation and if you were approved for the K1, we are in the beginning of filling out paperwork.

Hey, I'm from Germany too and my student visa was denied last year because my fiancé was my bank sponsor and when I told the officer my fiancé wants to sponsor me he told me 'you won't get a visa today'. We didn't know that we have to apply for a K1 since we thought that I can start college and we get married and live a happy life (I'm 21 btw). But we didn't inform ourselves enough so we got denied because we were honest but stupid. I will have my K1 visa interview next week in Frankfurt and I'm scared but our lawyer said there's not reason to worry about it. Did you already have your interview?

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On 1/7/2017 at 0:06 AM, Suss&Camm said:

I was previously denied a student visa due to earlier ESTA overstay and a bar when I was 19...  The years went by and when I met my now husband and we decided to file for K1 this worried me as well. Other than being completely honest on the DS-160 it wasn't a problem. At the interview I was asked why I had never visited my then fiancé in the US (he visited me) I said cause I didn't want to go through the tourist visa application process since I was ineligible for ESTA and was previously denied a student visa. He then asked me how come I was ineligible for ESTA (although it was right there in his papers lol) So I said I overstayed years ago.... he asked me how long, what was I doing and how did I support myself during my overstay. I was just honest about all those answers and he said as long as my statements checked out with their systems my visa was approved.

I know you guys don't have a past overstay, only the visa denial.. and as Penguin explained you are now trying to immigrate so it will not be a problem, unless you are dishonest during the process.

I have a question. So in October 2015, my fiance travelled to the U.S with her 8 year-old-kid on tourist visas to visit her daughter. Then when she came to visit me, I suggested her to stay a little bit longer  that the kid went to school. And he did for 3 months. Then they came back before their 6-month entry ended. When they came back to the U.S after 2 weeks to attend her daughter's graduation, they were denied entry. They said that the little kid went to school and that's illegal. So she was asked if she still wanted to stay but then she chose to go back on her own. They said she could still apply for a visa. We've been together for 4 years and we just filed our petition mid-June and received our NOA1 on June 23rd. We're still waiting for our NOA2. The agent that we've hired for our petition said that our evidence and proofs of a true relationship are very strong. I wonder if the event in the past would affect her chance of getting k1 visa for her and k2 visas for her kids cause we've been together for long time and our relationship is genuine. Can I ask if you worked during your overstay?

 
Edited by vbcm

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