Can K1 visa be rejected if B1/B2 was denied couple of times?

[kaur_harman 0]

Hi

I've been following this forum for quite a long time now or since my fiancé has applied for my K1 visa in US. Till now we've got the approval on our petition and our case has been forwarded from NVC, NH to New Delhi, India- US Consulate. But till now there hasn’t been any further communication from the local office, so we’re waiting for it.

I’m kind of terrified at this point, primarily because my interview day is coming close and we’ve been waiting for this moment so eagerly. If, by chance my visa is refused then it is very tough in the situation to think rationally and move forward. Secondly my B1/B2 visa was ‘refused’ in November 2012, so I’m scared about this aspect. At that time I never knew my fiancé; neither was I thinking about getting married. But now this whole marriage thing has happened so quickly and we’re really worried about getting the visa rejected on B1/B2 visa rejection grounds. So can anyone on this forum explain me about the dos and don’ts that I should keep in mind while going for my interview because I want to be fully prepared for everything beforehand. Can the US consulate ask me anything about B1/B2 visa rejection? Or deny my K1 visa on the grounds of B1/B2 visa rejection? Do they consider any prior rejection(s) on your passport for any other kind of US visa(s)? If so, then what precautions can I take to avoid it?

Thank you for your time and reply.

Harman

[KayDeeCee 4,892]

Depends on why it was denied. If was denied simply because they did not think you had strong enough ties to your country, then no, no affect on the K-1 at all.

[kaur_harman 0]

Well thats kinda of what they said back then. Actually my brother and sister, both are in US and me and mom stay in India for the time being. They said that they cannot issue me a visa till the time they aren't sure about my ties in India and that I'll return back.

[nightingalejules 678]

Then that won't affect your k-1. After all, the whole point of the k1 is to stay in the us.

[kaur_harman 0]

Then that won't affect your k-1. After all, the whole point of the k1 is to stay in the us.

Thank you

Then that won't affect your k-1. After all, the whole point of the k1 is to stay in the us.

Thank you

Depends on why it was denied. If was denied simply because they did not think you had strong enough ties to your country, then no, no affect on the K-1 at all.

[kaur_harman 0]

One more thing, I've been reading loads of forums on this context. So other reason for rejection is that the consulate thinks that its a fake marriage to get US Citizenship. How to avoid this?

[Boggy1974 124]

I disagree with the earlier responses for these reasons:

1. The two past B1/B2 denials can have a 50/50 chance of influencing a CO to deny a K-1. Why? Because this actually happened to my wife's friend at the Ghana embassy just in December. Note that all her documents (to include the I-134) for the K1 were in order yet the CO refused her. She had similarly been denied a B2 visa twice within a short time period. Remember that both the K1 and B2 visas are nonimmigrant visas whose approval/denial often is based on the whims & caprices of these COs. That's why you hear of lots of K1 refusal in the forums here. Just read the K1 reviews and you will get an idea of what I'm talking about.

2. The two B2 denials within a short time span tells the CO of an aggressive intent to immigrate on the part of the visa applicant (albeit indirectly). Also, it tells the CO that the applicant is visa shopping at all cost - and especially you starting a relationship close on the heels of the last denial and getting your fiancée to petition for you so soon afterwards.

3. Most K1 refusals occur in perceived poor and/or fraudulent countries which unfortunately India is somewhat lumped as one. These COs know visa applicants from these countries will do just about anything to migrate to the US. Note also that the K1 application has questions about past visa refusals which the CO will have access to review before your interview. Make sure to answer those questions truthfully.

I want you to have this in perspective so it isn't a shock to you in case this happened. Just read the reviews in the K1 forum, where K1s are refused because "the CO said s/he just didn't believe that our relationship is real".

If I were the petitioner (i.e. your fiancée), I would have gone in for the spousal immigrant visa (i.e. I-130). That is if she absolutely sure & convinced she wants to marry you in such a short time of dating. Also, the spousal visas have less denial rates. Remember, a lot of people will just hook up with someone just to get a US visa. I'm not saying this is the case with you, but just putting in into perspective.

So yes, your past refusals may an have equal chance of affecting your success at the your K1 interview. I would advise that you two do a mock interview over the phone by asking questions of yourselves to anticipate answer some of the tough questions the CO will ask, and to clearly have answers to some of the certain things the CO will expect you know of each other in such a short time of dating in a LDR. I would also advise that, if possible, your fiancée must be at the interview with you. I'm not sure they will her in with you at the New Delhi embassy. But I'm sure if you and your fiancée do your homework well, you should get approved. Good luck!

Hi

I've been following this forum for quite a long time now or since my fiancé has applied for my K1 visa in US. Till now we've got the approval on our petition and our case has been forwarded from NVC, NH to New Delhi, India- US Consulate. But till now there hasn’t been any further communication from the local office, so we’re waiting for it.

I’m kind of terrified at this point, primarily because my interview day is coming close and we’ve been waiting for this moment so eagerly. If, by chance my visa is refused then it is very tough in the situation to think rationally and move forward. Secondly my B1/B2 visa was ‘refused’ in November 2012, so I’m scared about this aspect. At that time I never knew my fiancé; neither was I thinking about getting married. But now this whole marriage thing has happened so quickly and we’re really worried about getting the visa rejected on B1/B2 visa rejection grounds. So can anyone on this forum explain me about the dos and don’ts that I should keep in mind while going for my interview because I want to be fully prepared for everything beforehand. Can the US consulate ask me anything about B1/B2 visa rejection? Or deny my K1 visa on the grounds of B1/B2 visa rejection? Do they consider any prior rejection(s) on your passport for any other kind of US visa(s)? If so, then what precautions can I take to avoid it?

Thank you for your time and reply.

Harman

[Boggy1974 124]

It is just a perception. I'm not sure how you avoid a biased/an unfair perception, especially if one has a genuine case .

All I can tell you is, support your case with loads of hard core evidence. You can find some examples of such evidence in the K1 guides. I hoped you have heard of frontloading and side-loading a petition/case. I think it is too late to front/side load since your case is already at the consulate. However, you can still bring your additional evidence with you to the interview. My wife's friend who I cited in my earlier post brought additional evidence but the CO refused to even look at them.

One more thing, I've been reading loads of forums on this context. So other reason for rejection is that the consulate thinks that its a fake marriage to get US Citizenship. How to avoid this?

[SparklePony 238]

The most important things are that you answer with complete honesty and truthfulness and that you are prepared to prove yours is a genuine relationship.

[KayDeeCee 4,892]

Being denied for a tourist visa because they could not prove ties to their country does not make someone ineligible for a K-1 visa.

Without the CO directly stating the K-1 visa was denied because of past tourist visa denials, then it is really just speculation for that being the reason for denial, is it not? I can also provide anecdotal evidence for the opposite. My husband was denied a tourist visa 3 times and it had zero affect on him getting approved for the K-1 visa.

Yes, if the CO thinks the beneficiary is just trying any visa they can to get to the US, then they will deny the K-1 because they do not believe the relationship is real. The K-1 is not actually being denied because they were denied a tourist visa due to lack of ties to their country though. The couple lacked evidence to prove the relationship was not just for immigration purposes, and the CO denied based on an overall picture of the entire case and circumstances.

Many people have been denied a tourist visa but approved for a K-1 without it ever being an issue at all.

[kaur_harman 0]

Your response has been very enlightening and thank you so much for that. I was going to and fro with all the responses on my query and the thing is why did the CO put objection for your wife's friend's B2 and K1 visa? There should be some genuine and strong reasons behind all this. They cannot put rejection according to their whimes and fancies. Mine was simply because insufficient ties with my country. Now here I'm already telling them that I'm going there to marry this guy and later on immigrate to their country. So according to me all depends on your honesty, how strong case evidences you have of the continued relationship and its not a fake marriage but genuine.

I disagree with the earlier responses for these reasons:

1. The two past B1/B2 denials can have a 50/50 chance of influencing a CO to deny a K-1. Why? Because this actually happened to my wife's friend at the Ghana embassy just in December. Note that all her documents (to include the I-134) for the K1 were in order yet the CO refused her. She had similarly been denied a B2 visa twice within a short time period. Remember that both the K1 and B2 visas are nonimmigrant visas whose approval/denial often is based on the whims & caprices of these COs. That's why you hear of lots of K1 refusal in the forums here. Just read the K1 reviews and you will get an idea of what I'm talking about.

2. The two B2 denials within a short time span tells the CO of an aggressive intent to immigrate on the part of the visa applicant (albeit indirectly). Also, it tells the CO that the applicant is visa shopping at all cost - and especially you starting a relationship close on the heels of the last denial and getting your fiancée to petition for you so soon afterwards.

3. Most K1 refusals occur in perceived poor and/or fraudulent countries which unfortunately India is somewhat lumped as one. These COs know visa applicants from these countries will do just about anything to migrate to the US. Note also that the K1 application has questions about past visa refusals which the CO will have access to review before your interview. Make sure to answer those questions truthfully.

I want you to have this in perspective so it isn't a shock to you in case this happened. Just read the reviews in the K1 forum, where K1s are refused because "the CO said s/he just didn't believe that our relationship is real".

If I were the petitioner (i.e. your fiancée), I would have gone in for the spousal immigrant visa (i.e. I-130). That is if she absolutely sure & convinced she wants to marry you in such a short time of dating. Also, the spousal visas have less denial rates. Remember, a lot of people will just hook up with someone just to get a US visa. I'm not saying this is the case with you, but just putting in into perspective.

So yes, your past refusals may an have equal chance of affecting your success at the your K1 interview. I would advise that you two do a mock interview over the phone by asking questions of yourselves to anticipate answer some of the tough questions the CO will ask, and to clearly have answers to some of the certain things the CO will expect you know of each other in such a short time of dating in a LDR. I would also advise that, if possible, your fiancée must be at the interview with you. I'm not sure they will her in with you at the New Delhi embassy. But I'm sure if you and your fiancée do your homework well, you should get approved. Good luck!

[Boggy1974 124]

I mentioned to you about my wife's friend in the earlier post. As I stated earlier, the CO simply said he doesn't believe the relationship is genuine. When you get denied a B2 visa, it does NOT mean your K1 will be denied.

The larger point I'm making is this: it's 50/50. The B2 denial may have ZERO impact on the K1 for most applicants, but sometimes and very unfairly COs get influenced negatively and that may impact the decision to refuse a K1; although the CO will not put on paper or tell you "I denied the K1 because the applicant has been denied a B2 in the past".

Someone mentioned that being denied B2 does not make one ineligible for the K1. Being refused or denied a visa is TOTALLY DIFFERENT from being "ineligible". IMO, these are two different things and that needs to be pointed out. A quick google search will give one the clear distinction between "being ineligible" and being refused/denied" a visa.

Of course, your case is different and the past B2 refusal will have ZERO impact on your outcome. Best of luck!

Your response has been very enlightening and thank you so much for that. I was going to and fro with all the responses on my query and the thing is why did the CO put objection for your wife's friend's B2 and K1 visa? There should be some genuine and strong reasons behind all this. They cannot put rejection according to their whimes and fancies. Mine was simply because insufficient ties with my country. Now here I'm already telling them that I'm going there to marry this guy and later on immigrate to their country. So according to me all depends on your honesty, how strong case evidences you have of the continued relationship and its not a fake marriage but genuine.

[agrabs 237]

My husband was denied a B2 visa twice in a couple month period of time before we applied for the K1 visa and it had no impact on our approval. I was there with my husband for his interview and after it was over and we were approved we were casually chatting with the CO and we asked him about the denied tourist visas (particularly what we could have done differently because we thought he had strong ties) and the CO didn't even know about the 2 denials. He then looked them up in the computer and said there was nothing we did wrong - that as along as he had a girlfriend in the US, it really didn't matter what ties he showed, he wasn't going to get the B2 visa and we did the right thing applying for the K1. The main point here is do everything you can to prove you have a legitimate relationship and it shouldn't be a problem,

[calvm 10]

Hi

I've been following this forum for quite a long time now or since my fiancé has applied for my K1 visa in US. Till now we've got the approval on our petition and our case has been forwarded from NVC, NH to New Delhi, India- US Consulate. But till now there hasn’t been any further communication from the local office, so we’re waiting for it.

I’m kind of terrified at this point, primarily because my interview day is coming close and we’ve been waiting for this moment so eagerly. If, by chance my visa is refused then it is very tough in the situation to think rationally and move forward. Secondly my B1/B2 visa was ‘refused’ in November 2012, so I’m scared about this aspect. At that time I never knew my fiancé; neither was I thinking about getting married. But now this whole marriage thing has happened so quickly and we’re really worried about getting the visa rejected on B1/B2 visa rejection grounds. So can anyone on this forum explain me about the dos and don’ts that I should keep in mind while going for my interview because I want to be fully prepared for everything beforehand. Can the US consulate ask me anything about B1/B2 visa rejection? Or deny my K1 visa on the grounds of B1/B2 visa rejection? Do they consider any prior rejection(s) on your passport for any other kind of US visa(s)? If so, then what precautions can I take to avoid it?

Thank you for your time and reply.

Harman

Non-Immigrant visa denials forB1/B2, F1/F2 etc.., based on inability to provide strong evidence of ties to the home country 214(b), will not impact your immigrant visa application/ K1 type applications

[KayDeeCee 4,892]

I mentioned to you about my wife's friend in the earlier post. As I stated earlier, the CO simply said he doesn't believe the relationship is genuine. When you get denied a B2 visa, it does NOT mean your K1 will be denied.

The larger point I'm making is this: it's 50/50. The B2 denial may have ZERO impact on the K1 for most applicants, but sometimes and very unfairly COs get influenced negatively and that may impact the decision to refuse a K1; although the CO will not put on paper or tell you "I denied the K1 because the applicant has been denied a B2 in the past".

Someone mentioned that being denied B2 does not make one ineligible for the K1. Being refused or denied a visa is TOTALLY DIFFERENT from being "ineligible". IMO, these are two different things and that needs to be pointed out. A quick google search will give one the clear distinction between "being ineligible" and being refused/denied" a visa.

Of course, your case is different and the past B2 refusal will have ZERO impact on your outcome. Best of luck!

You are splitting hairs here. A K-1 cannot be denied(cannot be found ineligible for the K-1) based on a denial of a B-2 visa for not being able to prove ties. Not proving that your relationship is genuine and that is not for the sole purpose of immigration does make you ineligible and therefore denied for a K-1 visa.

My husband had been denied a B-2 three times before applying for the K-1 visa. He was never even asked about them. He was only asked the usual line of questioning about whether he had ever been to the US illegally.

The CO is going to look at the totality of the individual case. Not being able to prove you have a valid relationship is not the same thing as being denied for having a previous B-2 denial.