K1 and prior international student record - Problem

[K1horizon 0]

Hello,

In 2011 I was denied a B2 visa for lack of ties, but the officer also told me I had not proved I had studied legally for many years in the US until Sept 2010 and that I could have a 10-year bar. I did not take the I-20s with me, unfortunately, and she could not find me on SEVIS with just my passport. Since ESTA has been denied ever since, I'm assuming she wrote something damaging on my file, and since I've never dealt with immigration since, it's still there.

I do have the I-20s now and transcripts, and I was always legal as a student. I wrote a short letter in my last school explaining why I was leaving and she said everything was legal and fine, and I could go. Entering at the Miami airport earlier in 2011 on the VWP, when taken to secondary inspection, they accessed my SEVIS record with only my passport (I did not have my I-20s with me either). They said that there was "continuity" in my record, that I had told the truth, and they let me in. Shame they could not access my records at the embassy with just the passport as well.

How will this impact a K1 visa and petition? When will I show the proof that I was always legal as a student? At the interview? In the pre-screening or after?

I just don't want anything to cause problems now, so I want to be prepared.

Thank you!

[KayDeeCee 4,893]

The initial I-129F petition does not ask about your previous trips and visas to the US, so it will have no impact on the petition.

You will be asked about that later on the D-160 filed for applying for the K-1 visa at the consulate in your country. It will ask if you ever had a US visa and if you were ever denied entry to the US. They could ask about it at your interview but they may not. Just have the proof on hand to show you were never there illegally to be on the safe side.

[K1horizon 0]

Thanks Jay-Kay. I just worry that she said (and could have written on my file) that I may have a 10-year bar. Accessing SEVIS, they can see that I was always legal as a student, but they need my international student number (SEVIS number) present in my I-20s to verify it.

I'm guessing when I put this info on the D-160, I can write my SEVIS number in it and they can check ahead of time?

I've even thought about trying a B2 visa, knowing that it will be denied, but at least I could have a chance at showing them the proof. But they could also not give me a chance to show it.

I am very worried about this. Her accusations of a 10-year bar were serious. And just bc I didn't have the I-20s with me. Otherwise, yes, I'll take all of my paperwork with me to the interview.

[KayDeeCee 4,893]

Sorry, meant the DS-160. It will ask if you ever had a previous visa to the US. It will also ask if you were ever refused a visa or admittance to the US. Just answer honestly. You shouldn't have an actual ban against you unless it was proven you were attending school in the US illegally. The fact that you were let in after secondary inspection seems to show you had no actual ban against you. It seems she could not look you up, so just decided to tell you that you could have a ban if you were in the US illegally. You were not though. Just take all the documentation needed to prove that with you to your K-1 interview. It is possible they may not even ask you a lot, or anything about it though. If they do, be honest and hand them proof you were never illegal in the US.

[K1horizon 0]

Thank you, Jay-Kay.

There's no ban, because I was always legal as a student, but because I didn't prove it at the embassy for lack of paperwork, she said maybe I had a ban and likely wrote it on my file.

Something tells me they will ask about it. I just wanted to somehow clear this confusion before the interview, so it doesn't color the eyes of the interviewer, but maybe it's not possible.

With the number on my I-20s, they can go on the SEVIS system on their computer and check my student record, like they did at the airport in Miami. They don't even need my I-20s anymore, after they have that number.

Im really stressing out over this because a 10-year ban is a serious accusation, but theres no other way to prove legality unless I go for another visa before, like a B2.

But I do appreciate your replies. I hope the interviewer is as patient as you are, and from what I've seen so far, they're not. They assume the worst.