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Filed: K-1 Visa Country: Russia
Timeline
Posted

Hello! My fiance is unsure of when she should schedule her interview for K1 visa in Moscow. She had applied for J1 and Tourist Visa b1/b2, which we researched and found out was okay and legal while we awaited K1 process, but both visas were denied this summer of 2012. The question is: since the last visas were denied less than six months, and both were in 2012, will it affect the K1 visa? or would it be better to wait for interview in January 2013? She has until January 29th to have an interview.

Filed: AOS (apr) Country: Kenya
Timeline
Posted

Hello! My fiance is unsure of when she should schedule her interview for K1 visa in Moscow. She had applied for J1 and Tourist Visa b1/b2, which we researched and found out was okay and legal while we awaited K1 process, but both visas were denied this summer of 2012. The question is: since the last visas were denied less than six months, and both were in 2012, will it affect the K1 visa? or would it be better to wait for interview in January 2013? She has until January 29th to have an interview.

Interview now.......she did nothing wrong....she asked for other visas, was denied and that was that. Assuming you can prove you two have a legit relationship, go for it now.

I assume you two want to get together as quickly as possible? She is most likely getting bad information on her end concerning these and the "less than six months since denial" comment.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Filed: K-1 Visa Country: Russia
Timeline
Posted

she is terrified of a denial, we have plenty of proof of relationship, but she is afraid that the consulate may view these past denials from such a short time ago and now interviewing for a fiance visa, that she may come off looking like she just wants to immigrate, I don't know how to set her at ease! She believes even though there is nothing written or rule or law against applying for different visas in a short time, the consulate may still be biased or judgmental and deny us.

Filed: K-1 Visa Country: Russia
Timeline
Posted (edited)

Hi My info is that a K-1 Visa is the correct course at this time, thus, do the interview now. A B1/B2 is a business or tourist Visa and they may have beelieved she was attempting to imnmigrate using a B1/B2, maybe to get married to you. But using a B1/B2 for this reason would be wrong--that would produce the wrong result. Likely that is why the B1/B2 was denied. However, a K-1 Visa ALLOWS for an intent to immigrate. That's mostly what it is all about. The VJ Member to consult is Jim VaPhuong. In our case Jim answered me in this way:

"In other words, I don't think she was denied entry specifically because they think she worked illegally in the US. I think they used the evidence that she worked in the US to conclude that she had a preconceived intent to immigrate, and denied her entry because of that conclusion.

Fortunately, preconceived intent is not a permanent inadmissibility. It can exist one time when an alien attempts to enter the US, and not exist another time when the same alien attempts to enter the US. It's a discretionary call by the CBP officer. Further, intent to immigrate is specifically allowed with a K1 visa, whereas it's not allowed with a B2 visitors visa (which is why her visa was canceled).

Good Luck Mike

Edited by Mike & Mila
Filed: Country: Russia
Timeline
Posted

Hello! My fiance is unsure of when she should schedule her interview for K1 visa in Moscow. She had applied for J1 and Tourist Visa b1/b2, which we researched and found out was okay and legal while we awaited K1 process, but both visas were denied this summer of 2012. The question is: since the last visas were denied less than six months, and both were in 2012, will it affect the K1 visa? or would it be better to wait for interview in January 2013? She has until January 29th to have an interview.

I've got denied twice applying for tourist visa while was waiting for K-1 visa. interview for K-1 went smooth and finished positively, i've got my fiancee visa with no problem in 2 minutes long interview. that is two different type of visas with different requirements. no lie about denials exist, that's it. Keep your girl busy reading this site and russian-fiancee.com. there is a lot of similar situations described, none rejections for K-1. you two will be fine.

 
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