K-1 Visa Application: Probability of conflict of interest. I NEED HELP!

[rggs0421 0]

Hi everyone!

My fiance and I are currently arranging all the documents for my K1 Visa. And by doing so, it's hard not to be worried about this process. So let me give you a background of our relationship and all the legal situations that we've been into.

I was on a J-1 visa for a year (March 2012-March 2013). 6 months before my J1 visa expired, I started looking for a school that I could apply to. This has been a dream of mine since I was still studying, to study abroad and further my studies. Anyway, since I wasn;t planning on going back to the states until January 2014, most schools that I went to advised me to just come back on January 2013, so it'll be closer to my visa end date and it wouldn't be too early for me to process everything. Anyway, back then (November 2012), I was still uncertain of where to apply (I just know that I want to be near at the East Coast. So as January went by, I've realized that I have the possibility of having no sufficient time to process everything,as for I am still undecided and I want to go to the school personally,and on top of that I have to fulfill my duties as an intern, working on an average of 55 hours every week. And being an intern, I did not have the utility to go to places cause I did not have a car. Anyway, so I've decided to apply for an "adjustment of status" from J1 to B1 (tourist visa).

I know that it was very risky for me to try and apply for it on my own. On my letter, I mentioned that I did not want to stay in the US after April 24,2013. But then, apparently, I did not give sufficient documents to prove that I am still going back to my home country. Resulting to denial. It was already April when I got the rejection letter, and it arrived 10 days after denied date (Denied date was April 3, I got the letter on April 13). I was so heartbroken when I go the news cause I at the back of my head, I was thinking about the visa that I will be applying for in the future, I was so worried that it might get affected because of that. So of course, I couldn't hop on the next plane and I thought to myself that it would be really costly to rebook my plane ticket back home (dated April 24) so I decided to just settle everything (pack, bank account and talk to my chosen school that I have to finish the process for my F1 visa in my home country). So basically, I over stayed for less than 30 days (I wanna say 21 days if counting from the rejection date). So that's problem # 1.

So I got here and all I've been thinking about is my F-1 visa, and how me overstaying and trying to extend would affect it. I took the IELTS, sent the documents and everything. I even consulted a lawyer about it when I was still in the states and she told me that, the government doesn't really expect everyone to just hop on the next plane and leave when they get into a situation like mine, and it is good that I will be leaving at the same month and it's less than 30 days (but of course the sooner the better), my lawyer advised me that I should just explain my part if ever I will get asked about it, and sometimes they even overlook things like this when you have a strong background and proof of intention.

With all the stress and pressure that I have been putting myself into, my fiance is still there for me. We've been together for 16 months now, we met when I was still an intern. I told my finace that if I don't get the f1 visa, I might consider going to another country to study abroad (that's how badly I want to learn more about my chosen field). He got saddened about what I said and told me that I should really consider K1 visa (we've talked about this even when I was still there, but I just did not want to be a burden to him that's why I still tried to get a F1 visa). Finally, I gave in and told him that maybe it is. Cause the longer we're apart from each other, the more I want to be with him. And I can't lose him. If I fail the student visa interview, I'm afraid that I might never see him again Anyway, so right now we are on the process of fixing everything for our K1 visa.

So my questions now are:

1. Will I get a lower rate of approval because I got denied a tourist visa?

2. Will it be a conflict of interest since I told USCIS that I want to study abroad when I tried to get the extension, and then now I am applying for a K1 visa?

I am not worried about us proving the embassy about our relationship cause we have more than enough to show them, it's just my background that is killing me

P.S. He is coming to visit me here next month btw! To formally set everything So I think it'll be an added "story" for us

[NigeriaorBust 4,087]

You are planning to adjust from a visitors visa which is fraud and it is against the terms of service for anyone to help you here Thankfully this site is monitored by immigration

[Penguin_ie 5,997]

That is not how I read it Nigeria- the OP is now abroad and will be petitioned for a K1, which is perfectly legal. If my reading of the situation is correct:

1. No, unless you lied on the tourist visa app (say, said you were married abroad to increase your ties) it should not have an effect, though you may be asked about it at interview.

2. It is not a conflict of interest, but it will raise some eyebrows, so it may be a good idea to explain why you changed your mind in the cover letter.

[Tahoma 2,292]

Why didn't you get married and adjust your status while you were in the U.S.?

Now you appear to be visa shopping. Expect some questions about that.