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Will Previous denials under student and visitor visa affect K3

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Filed: K-3 Visa Country: Canada
Timeline

Hello VJers,

I was wondering if my wife's previous multiple denials for a student visa to the United States will affect her K3 visa application. She was denied multiple times at the Beijing Embassy. We both decided we were too young to marry at that time (2 years ago). and i did not finish my college degree. we only wanted to go to the same University together while we date. Now we are married and she is a college student in canada and i will graduate next month. So we decided to get married. However im afraid of her previous attempts at a visa and denials will result in the CO grilling her. any thoughts? thanks

6.1.06 met in qingdao, china

2.1/2years later

12.30.08 married in victoria, canada

03.26.09 filed for I130

04.03.09 noa1- I130

04.16.09 filed for I129f

05.01.09 noa1-I129f

09.04.09 noa2- both I130 and I129f

09.11.09 nvc received I129

09.15.09 nvc forwarded to consulate

09.22.09 consulate received I129

09.28.09 K3 packet3 arrived in mail

10.02.09 K3 packet3 signed and faxed

10.07.09 Consulate called home and scheduled interview date

10.21.09 medical exam

10.28.09 K3 interview

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Hello VJers,

I was wondering if my wife's previous multiple denials for a student visa to the United States will affect her K3 visa application. She was denied multiple times at the Beijing Embassy. We both decided we were too young to marry at that time (2 years ago). and i did not finish my college degree. we only wanted to go to the same University together while we date. Now we are married and she is a college student in canada and i will graduate next month. So we decided to get married. However im afraid of her previous attempts at a visa and denials will result in the CO grilling her. any thoughts? thanks

Please give us a little more info about the previous student visa application.

Why they denied the student visa at that time (reason)?

How many time did she try?

When?

I-130 Journey

01-13-09 - I-130 NOA1 (case transferred to California Service Center)

02-25-09 - I-130 NOA2 (Approved)

02-28-09 - I-130 Received NOA2 Hardcopy

I-129F Journey

01-19-09 - I-129F sent USPS Express Overnight Mail to California Service Center

01-23-09 - I-129F NOA1

02-25-09 - I-129F NOA2(Approved)

02-28-09 - I-129F Received NOA2 Hardcopy

03-03-09 - I-129F Case number assigned @ NVC

03-11-09 - I-129F Consulate Received signed by FELIX

04-14-09 - I-129F Interview date assigned (05-19-09)

NVC Journey

03-04-09 - NVC Received/Case number assigned

03-10-09 - DS-3032 / AOS Bill Generated

03-10-09 - E-mail DS-3032

03-10-09 - Pay AOS Bill (Online)

03-11-09 - AOS Bill Show as PAID

03-12-09 - Mailed I-864 Package

03-16-09 - Reviewing I-864

03-17-09 - Mail DS-3032

03-19-09 - NVC accepted DS-3032

03-19-09 - NVC Reviewed and Accepted I-864

03-26-09 - IV Bill Generated

03-27-09 - Pay IV Bill

03-30-09 - IV Bill Show as PAID

03-30-09 - Mailed IV Package

04-10-09 - RFE for my wife's Birth Certificate (It must be In-extenso)

04-14-09 - Sent a New IN_EXTENSO Birth Certificate

04-27-09 - Case Completed at NVC

04-27-09 - Trying to switch k3 interview for CR-1/IR-1

04-28-09 - Sent E-mail directly to the Chief of Visa Operations in DR requesting the switch

05-06-09 - NVC received a request from Embassy requesting the file

05-07-09 - Medical Exam

05-08-09 - Left NVC

05-12-09 - Received Consulate

05-19-09 - Interview Date: APPROVED!!!!

05-27-09 - POE (JFK, New York)

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Filed: K-3 Visa Country: Canada
Timeline

Please give us a little more info about the previous student visa application.

Why they denied the student visa at that time (reason)?

How many time did she try?

When?

HI,

She applied for a student visa during the summer of 2007(june-aug). She got denied 9 times (within 2 months). everytime they gave her the same slip explaining she needs more information establishing a strong tie to her home country and she was welcomed to apply again. we tried so hard by extending the start date of her school. (California State University) We eventually gave up and luckily she was accepted to University Of Victoria, in canada as well. now we are older and felt we were comfortable with marriage, we got married in Canada. I am flying there every 3 weeks to stay just a few days, the airport is almost my second home and have started the K3 process. but we are worried of the past denial records.

Thanks

6.1.06 met in qingdao, china

2.1/2years later

12.30.08 married in victoria, canada

03.26.09 filed for I130

04.03.09 noa1- I130

04.16.09 filed for I129f

05.01.09 noa1-I129f

09.04.09 noa2- both I130 and I129f

09.11.09 nvc received I129

09.15.09 nvc forwarded to consulate

09.22.09 consulate received I129

09.28.09 K3 packet3 arrived in mail

10.02.09 K3 packet3 signed and faxed

10.07.09 Consulate called home and scheduled interview date

10.21.09 medical exam

10.28.09 K3 interview

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Filed: Citizen (apr) Country: Canada
Timeline

They will certainly ask about it but likely not affect your process. I suggest getting married in Canada and filing for the K-3 to interview in Vancouver.

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Other Timeline

Generally speaking, previous denials for other types of visas are overlooked, when and if a bonafide marriage can be proven at a K3 interview.

What is her citizenship? What is her status in Canada at the moment?

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: K-3 Visa Country: Canada
Timeline
They will certainly ask about it but likely not affect your process. I suggest getting married in Canada and filing for the K-3 to interview in Vancouver.

Good luck.

yup, thats our plan, hopefully everything will go smooth.

Thank you.

6.1.06 met in qingdao, china

2.1/2years later

12.30.08 married in victoria, canada

03.26.09 filed for I130

04.03.09 noa1- I130

04.16.09 filed for I129f

05.01.09 noa1-I129f

09.04.09 noa2- both I130 and I129f

09.11.09 nvc received I129

09.15.09 nvc forwarded to consulate

09.22.09 consulate received I129

09.28.09 K3 packet3 arrived in mail

10.02.09 K3 packet3 signed and faxed

10.07.09 Consulate called home and scheduled interview date

10.21.09 medical exam

10.28.09 K3 interview

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Filed: K-3 Visa Country: Canada
Timeline
Generally speaking, previous denials for other types of visas are overlooked, when and if a bonafide marriage can be proven at a K3 interview.

What is her citizenship? What is her status in Canada at the moment?

Shes a Chinese Citizen on a student Visa studying at University Of Victoria. Ooo, those international student tuitions are sooo high. We got married on the beach near Victoria in the winter, it was freezing cold. haha

thanks for the reply.

6.1.06 met in qingdao, china

2.1/2years later

12.30.08 married in victoria, canada

03.26.09 filed for I130

04.03.09 noa1- I130

04.16.09 filed for I129f

05.01.09 noa1-I129f

09.04.09 noa2- both I130 and I129f

09.11.09 nvc received I129

09.15.09 nvc forwarded to consulate

09.22.09 consulate received I129

09.28.09 K3 packet3 arrived in mail

10.02.09 K3 packet3 signed and faxed

10.07.09 Consulate called home and scheduled interview date

10.21.09 medical exam

10.28.09 K3 interview

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Filed: AOS (pnd) Country: Iran
Timeline

We are in the same situation. My husband was denied for student visa and visitor visa, both for not having significant ties. We are also hoping they don't give us a hard time about it.

Pandora and Hesam

K-3 Visa

Service Center : Vermont Service Center

Consulate : Montreal, Canada

Marriage : 2008-08-29 in Canada

I-130 Sent : 2008-10-14

I-130 NOA1 : 2008-10-20

I-130F NOA2 : 2009-05-04

I-129F Sent : 2008-11-25

I-129F NOA1 : 2008-11-28

I-129F NOA2 : 2009-05-04

NVC Received : 2009-05-12

Packet 3 Received : 2009-05-19

Packet 3 Sent : 2009-06-10

Interview: 2009-09-10 APPROVED

See my interview experience here: http://www.visajourney.com/forums/index.ph...=217544&hl=

Visa Received : 2009-09-16

US Entry : 2009-09-27

EAD received: 2009-12-21

AOS interview: 2010-02-05 (medical exam missing from documents)

Recieved RFE for missing medical exam that they lost. Submitted new exam March 10, 2010.

Notified that he is in background checks after submitting three service requests: July, 2010

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We are in the same situation. My husband was denied for student visa and visitor visa, both for not having significant ties. We are also hoping they don't give us a hard time about it.

Unless there were adverse factors (like criminal history, fraud, misrepresentation), the mere fact of applying for a visa and it being denied (non-adverse factors) should not affect your "marriage" visa (K-1/k3/cr1/dcf).

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Timeline

unless they deem the relationship was entered into for the soul purpose of gaining immigrant status to the US. Which can, and has happened.

I'd be cautious at the interview, and gather as much evidence of bonafide relationships as possible, including affidavits from family and friends.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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unless they deem the relationship was entered into for the soul purpose of gaining immigrant status to the US. Which can, and has happened.

I'd be cautious at the interview, and gather as much evidence of bonafide relationships as possible, including affidavits from family and friends.

Correct, that would be an adverse factor.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-3 Visa Country: Canada
Timeline

Thank you everyone for your replys.

luckily, I never threw away any of my boarding passes from my flights to visit my wife every month. And my phone bills are just horribly high but does prove that we talk every day for hours. I have many affidavits from family and friends and over 2000 photos from trips we took to Shanghai, Beijing, Tokyo, Osaka, Nanaimo, and Vancouver. Hope thats enough proof.

6.1.06 met in qingdao, china

2.1/2years later

12.30.08 married in victoria, canada

03.26.09 filed for I130

04.03.09 noa1- I130

04.16.09 filed for I129f

05.01.09 noa1-I129f

09.04.09 noa2- both I130 and I129f

09.11.09 nvc received I129

09.15.09 nvc forwarded to consulate

09.22.09 consulate received I129

09.28.09 K3 packet3 arrived in mail

10.02.09 K3 packet3 signed and faxed

10.07.09 Consulate called home and scheduled interview date

10.21.09 medical exam

10.28.09 K3 interview

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