I-129F Question 18

[Alex+R 0]

Hi all...So here's the deal. I'm just waiting for my fiance's G325A's and letter of intent to show up in the mail (am on the verge of forging his signature) before I file. But I got to wondering whether or not I should discuss his recently denied J1 visa somewhere in the application, like, for example, in Question 18.

Rey, who actually works as a senior web developer but is in his early 20s, was going to be an intern at a company in Kansas City. We thought it would be good for him to have a chance to live in the US for a year before committing to immigrating here. But on May 4 (2 weeks or so after I came back to the US) his visa was denied because the company who was facilitating his visa gave him some papers that said he was a Romanian tourism student (what?) and also told him it wasn't necessary to bring any proof of his ties to Brazil (which we know now is a huge mistake).

Before we embarked on this internship-finding mission, we had thought about a K1. Now that the J1 fell through, we decided to do the K1 for sure.

Who is going to be the first person to see that he just had a visa denied? Will it be the consular officer? Should I mention anything about this in my K1? Or what? I want to make sure this is as little of a problem as possible. We realize it could look like he's trying to get to the US at any cost now and is entering into a sham marriage.

[iceyspots 0]

You must list any previously denied visas, they will find out anyways. As long as you have an explanation for it, you should be OK.

[Alex+R 0]

You must list any previously denied visas, they will find out anyways. As long as you have an explanation for it, you should be OK.

but on the initial application, on the G325As or the I129F, it doesn't ask anywhere about a visa. Is it better to leave it out, so as to prevent confusing the USCIS folk, or is it better to get it all out in the open right away?

[iceyspots 0]

ah ok i see what you mean, but when you apply for the visa on the DS forms they are going to ask the beneficiary if they've ever had a visa or applied for one before I believe.

[Alex+R 0]

I think that's true. But then, should I mention it in my first application or just keep it between that info for later? Has anyone had an experience with this?

[aussiewench 9]

Have a read HERE

Whilst a denial of another visa (tourist etc) has no real bearing on the issuance of a K visa it may perhaps be prudent to make some mention of it in the initial petition to USCIS/DHS as if it raises any kind of red flag at the time of interview, having made USCIS/DHS aware of it and hence the petition approved, a conof has no basis in this regard to deny a visa/return a petition to USCIS for revocation. A conof can only do this if USCIS was unaware of any information at the time of petition approval.

It sure isn't going to hurt any to have it mentioned with your initial petition.

All the best to you

Lorelle

Edited June 17, 2006 by aussiewench

[Karen_L 1]

Don't write all about it in the petition. They don't ask for that information until later on and even then, they just ask what kind of visa and when he was denied. They don't ask any details like why was it denied, etc. My fiance' was denied a tourist visa in Dec. 2004. I didn't mention anything about it in the initial petition (I just didn't think to, honestly). In the packet 3 DS documents, it asks about previous visa applications and we told the truth, filled out the info, etc. but it never asked why he was turned down for it. If it comes up during the interview, he will tell the truth -- lack of solid ties to Italy that would ensure his return after his tourist visit.

If they ask about the previous visa application in greater detail, it'll probably be during the interview. But don't stress out about that weird Romanian/Brazilian stuff it too much because they may not even ask about it.