Need Advice on K-1 Filing (with 2 F-1 denials)

[tigra01 0]

Background:

My girlfriend came to the US (from Brazil) in '08 as an Au Pair. We met sometime in '09 and at the end of her Au Pair program I sponsored her to study in the US (we applied and got approved to change her status). This past December we went back to her home country so that I could meet her parents and family but during this trip her F-1 visa to continue her education was denied twice with reason code 214(B).

Problem:

On both F-1 visa applications our relationship was listed as Friends. Since the denials were about 2 weeks ago will this pose a problem for us to apply for a K-1 visa? Specifically, would the government consider our relationship going from "Friends" to "Friends that wanna get married" a misrepresentation because of the time span?

Advanced thank you for all your advice.

[Harpa Timsah 13,258]

I think you already know the answer.

[BzmommytoAmerican 8]

Visa fraud. U were young to sneak her in as a student even though u are going to marry her. Yyeap get a lawyer. Misrepresentation.

[GandK 168]

Background:

My girlfriend came to the US (from Brazil) in '08 as an Au Pair. We met sometime in '09 and at the end of her Au Pair program I sponsored her to study in the US (we applied and got approved to change her status). This past December we went back to her home country so that I could meet her parents and family but during this trip her F-1 visa to continue her education was denied twice with reason code 214(B).

Problem:

On both F-1 visa applications our relationship was listed as Friends. Since the denials were about 2 weeks ago will this pose a problem for us to apply for a K-1 visa? Specifically, would the government consider our relationship going from "Friends" to "Friends that wanna get married" a misrepresentation because of the time span?

Advanced thank you for all your advice.

So are you in a relationship or are you friends? If you are in a relationship, what was the reason for lying in both F-1 applications?

Having been denied F-1 does not automatically disqualify you for K-1 visa, but given the scale (denied twice) and the timespan and the fact that you lied in previous visa application, you will have a pretty difficult case to explain at the interview.

[tigra01 0]

So are you in a relationship or are you friends? If you are in a relationship, what was the reason for lying in both F-1 applications?

Having been denied F-1 does not automatically disqualify you for K-1 visa, but given the scale (denied twice) and the timespan and the fact that you lied in previous visa application, you will have a pretty difficult case to explain at the interview.

We are and have been in a relationship while she has been studying in the US. It was my understanding that if we listed the degree of our relationship it could make it more difficult for her to get the F-1 visa and to finish her studies. Plus, an immigration lawyer explained to me that in the eyes of the law we are just friends.

[tigra01 0]

Visa fraud. U were young to sneak her in as a student even though u are going to marry her. Yyeap get a lawyer. Misrepresentation.

She has been a student ever since she changed her status. The F-1 visa application was for her to return and continue/finish her studies. As a result of the F-1 denials, our plans to get married have just moved up in the timeline.

[BzmommytoAmerican 8]

The fact that you lied in the application and then less then a month or two after your filling k-1 will look really bad for her.

[GandK 168]

Not to pass any judgement but I would wait a few months maybe before you file for K-1. Friends do fall in love and get engaged but as you said "Going from friends to friend who intend to get married in a span of two weeks is way too suspicious"

[Harpa Timsah 13,258]

I saw a case where a woman wanted a tourist visa to visit her bf, and she said he was only her friend. She was denied, so they filed for a fiance visa. The consulate believed that the K-1 was a sham to get her to the US. They thought her "friend' was just helping her out and that their relationship was fake. They had a choice - admit lying and get a ban for misrepresentation or not admit to the lie and get denied for having a fake relationship.

You should not lie, and you guys lied. Furthermore, you knowingly lied about your relationship to make getting a visa easier for her. Hopefully it won't hurt you but there is a good chance it might. It doesn't matter if you file now or later. They will ask "how did you meet your fiance?" and you will say "we met in the US" and they will know you lied on the F1 application. Sorry.

[Girl from Celebes 588]

I saw a case where a woman wanted a tourist visa to visit her bf, and she said he was only her friend. She was denied, so they filed for a fiance visa. The consulate believed that the K-1 was a sham to get her to the US. They thought her "friend' was just helping her out and that their relationship was fake. They had a choice - admit lying and get a ban for misrepresentation or not admit to the lie and get denied for having a fake relationship.

You should not lie, and you guys lied. Furthermore, you knowingly lied about your relationship to make getting a visa easier for her. Hopefully it won't hurt you but there is a good chance it might. It doesn't matter if you file now or later. They will ask "how did you meet your fiance?" and you will say "we met in the US" and they will know you lied on the F1 application. Sorry.

I applied tourist visa before met my then-boyfriend (now my fiance) in person. Many friends gave me suggestion to put with whom I would stay in US as listed my boyfriend as "a friend" and said easy for me to get approval. I told him about the suggestion but he refused to put his name as just "a friend" but "boyfriend" instead and telling me we should not lie about it. I agreed about it since I don't want to lie either. I've got denied eventually but in the application for tourist visa, his name was listed as "my boyfriend". We are about to send our I-129F very soon. It was hard when got denied but at least we were both honest about all information when applied tourist visa.

[Etilord 0]

I know this thread has been long dead, but so little information is available on the net regarding denied F-1 -> K-1 that I feel like the couples out there need my response.

BTW, shame on some of you, for jumping to conclusion before researching the facts and completely discouraging this couple.

I am in a very similar situation. I know you had honest intention of keeping the law, but it is your job to find the evidence to support your claims.

1.

I also marked "friend" for sponsor, however if you find evidence for your cause you are in good shape.

"The sponsorship form must be completed and signed by your financial sponsor (self, parent, relative, or friend)" quoted from the college's website she had applied to.

2.

Why doesn't the argument: "I am marrying him so I can be with him" hold up for denied F-1 to K-1?

Of course I haven't filed my forms yet, and I will only see a lawyer next week, but don't be quick to dismiss options. We all know options are limited for those trying to come to the US.