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NikkisPrecious

I was denied a b1/2 visa last year will this affect my k3 application?

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Sorry, i still haven't updated my timeline, i WILL do it soon, anyways....

Last year i was travelling to the US on a frequent basis, i kept getting alot of hassle at customs because i was in an out so often. I was advised by customs AND by the embassy to apply for a b1/b2 visa.. During this time i was just travelling around the US and staying with my (then) finace. So after i was advised to get the b1/b2 visa so that i wouldn't get questioned and threated to be deported everytime i went on trips and visits, i got denied, due to not strong enough ties to the uk. 214b denial. Which now i see is fair enough i guess, but was very pissed off after i was advised by the "official" peoples to get one. So that aside, life's moved on somewhat and my finace and i have married, (in the UK). We've decided we want to live in the US so have applied for the K3 visa to do it all properly and official, like we've always done from the start (still waiting on anything to return). If and when it comes to interview time, is my previous denial of a b1/b2 visa gonna cause me problems for the K3? Can anyone really answer this question?

Consular officers have told me it shouldn't be affected at all

People on here are saying different things..

Our love is genuine and we've never done anything wrong or broken any laws.... hopefully our case will show that at the interview. To be honest were both just super scared its all going to go wrong just because of a previous denial of a damm visa i wanted to travel on a regular basis! The thing that really annoys me is that i was "advised" by the embassy and official people to get a b1/b2 to travel around. Now we've married and want to move back this could look like fraud too? You'd think there was no need to have got a b1/b2 in the first place, after prooving time and time again i was leaving before my 90 days were up on the VWP was good enough! clearly not. So in a nutshell has anyone had experiances of being denied a K3 due to a denial of a different kind of visa?

Edited by NikkisPrecious

going through HELL

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Filed: AOS (apr) Country: Philippines
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Please help ;(

Who is more believable, Consular Officers who deal with this on a regular basis or others? My initial thought is that you simply will have to explain what the deal is and it should not be a big deal, but I am not a Consular Officer so what do I know? :)

YMMV

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True that, but these were the people who advised me to get the b1/b2 in the first place, its a very tough one to judge. Seems like it will have to be a wait and see what happens job. I'll report back my findings when the interview comes. Just wish there was somebody else in the same boat with advice. :(

going through HELL

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Filed: AOS (apr) Country: Philippines
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True that, but these were the people who advised me to get the b1/b2 in the first place, its a very tough one to judge. Seems like it will have to be a wait and see what happens job. I'll report back my findings when the interview comes. Just wish there was somebody else in the same boat with advice. :(

Understood.

If this is any consolation, many problems, transgressions or sins of the past are or can be overlooked once you are married to a USC. I will assume that you B1/2 was denied because of not being able to overcome the "intent to immigrate". Since a K-3 is a visa that indeed has an intent to immigrate then that is no longer going to be a hurdle ....

YMMV

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Filed: K-3 Visa Country: Colombia
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True that, but these were the people who advised me to get the b1/b2 in the first place, its a very tough one to judge. Seems like it will have to be a wait and see what happens job. I'll report back my findings when the interview comes. Just wish there was somebody else in the same boat with advice. :(

Understood.

If this is any consolation, many problems, transgressions or sins of the past are or can be overlooked once you are married to a USC. I will assume that you B1/2 was denied because of not being able to overcome the "intent to immigrate". Since a K-3 is a visa that indeed has an intent to immigrate then that is no longer going to be a hurdle ....

the biggest concern i have heard,is that some consulate officers play god and dont give applicants an opportunity to show your evidence.im dealing with practically the same issue.

I-130-K/3 NOA1-11/14/2006
I-129F-K/3 NOA1-12/07/2006
I-130-K/3 NOA2-02/03/2007
I-129f-K/3 NOA2-02/03/2007
nvc recieves case 02/13/2007
nvc forwards to embassy 02/15/2007
waiting for appointment
interview for k/3-k4 04/18/2007 called embassy for info
packet 4 received 03/14/2007
interview 04/18/2007
approved
still waiting for visa 04/26/2007
visa in hand 04/30/2007plane tickets in hand arrival june 21 am i excited or whatttttttt
arrived new jersey liberty june 21 immigration a cakewalk
filed 1-485 and i-765 july 16
received notice for biometrics july 24
appointment for biometrics aug 01 so far, smooth sailing
EAD cards received
AOS appointment OCT. 31
Approved-card production ordered
green card in hand 11/05/2007 I-751 packet signed for at vsc 08/03/2009 received receipt notice and biometrics app. letter on same day 08/13/2009. bio. app.for 09/04/2009
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Sorry, i still haven't updated my timeline, i WILL do it soon, anyways....

Last year i was travelling to the US on a frequent basis, i kept getting alot of hassle at customs because i was in an out so often. I was advised by customs AND by the embassy to apply for a b1/b2 visa.. During this time i was just travelling around the US and staying with my (then) finace. So after i was advised to get the b1/b2 visa so that i wouldn't get questioned and threated to be deported everytime i went on trips and visits, i got denied, due to not strong enough ties to the uk. 214b denial. Which now i see is fair enough i guess, but was very pissed off after i was advised by the "official" peoples to get one. So that aside, life's moved on somewhat and my finace and i have married, (in the UK). We've decided we want to live in the US so have applied for the K3 visa to do it all properly and official, like we've always done from the start (still waiting on anything to return). If and when it comes to interview time, is my previous denial of a b1/b2 visa gonna cause me problems for the K3? Can anyone really answer this question?

Consular officers have told me it shouldn't be affected at all

People on here are saying different things..

Our love is genuine and we've never done anything wrong or broken any laws.... hopefully our case will show that at the interview. To be honest were both just super scared its all going to go wrong just because of a previous denial of a damm visa i wanted to travel on a regular basis! The thing that really annoys me is that i was "advised" by the embassy and official people to get a b1/b2 to travel around. Now we've married and want to move back this could look like fraud too? You'd think there was no need to have got a b1/b2 in the first place, after prooving time and time again i was leaving before my 90 days were up on the VWP was good enough! clearly not. So in a nutshell has anyone had experiances of being denied a K3 due to a denial of a different kind of visa?

There will be no problem whatsoever. Same case here, just don’t forget to mention the denial in the application form.

HAHAA – Denial for tourist visa to the citizen who doesn’t need it. What an idiots

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There will be no problem whatsoever. Same case here, just don’t forget to mention the denial in the application form.

HAHAA – Denial for tourist visa to the citizen who doesn’t need it. What an idiots

I'm a UK citizen so i did need the tourist visa to travel, however not anymore... now i'm married to a US citizen. Same thing happened to you and nothing was mentioned at the interview..??

going through HELL

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Filed: AOS (apr) Country: Indonesia
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I also got denied for B1/B2 visa prior to my K3 application. During my K3 visa interview in Vancouver, the officer didn't even look at it and didn't ask any questions pertaining to this denial. I did check the box indicating that I was denied a visa before and didn't encounter any problems. My advise is just try to relax and be honest. Good luck !

Me- Indonesia & hubby - US

married in Vancouver, Canada

USCIS-free for 10 years !

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I am going to be writing a letter to explain our chain of events in our marriage to go with the I-130 form, i'm really undecided as to be completely honest and mention the previous denial, or just be prepared if its brought up at my interview...

Help :'(

going through HELL

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Filed: IR-1/CR-1 Visa Country: Canada
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I am going to be writing a letter to explain our chain of events in our marriage to go with the I-130 form, i'm really undecided as to be completely honest and mention the previous denial, or just be prepared if its brought up at my interview...

Help :'(

One thing that might help is reading lots of interviews and making a list of questions theyusually ask to prepare...Then,you might read that some have been asked, and, that it's the usual question they ask: have you been denied at the border. If you have been denied more than once, I would remember all questions they asked then in order to decide to deny you...i.e. from your post, i noticed you wrote entering US to see your "fiancé"...which is different from seing boyfriend...because the types of visas might be different...

That said, now that you are on K-3, some have said, there is no problem...in the sens, they do not consider it, because you fixed the situation by this petition. Also, i would consider that since few weeks, they have tighten their rules, in regards to those who do the 2 routes...so, for the futur, how they might re-do their questions at the interview related to your topic, it's unknown yet...hope it helps!...and do not worry much, the past is the past...

I don't understand, where do you want to sent your letter that you are preparing..??...the general advice is to wait for an rfe...because if sent other infos to be included in the petition they already received it, it's not sure it will arrive in your file there...(i have forgotten an info also among others...so we decided to wait for an rfe, it's more sure...)

CR-1, VT- Canada

I-130:

25 Aug 06 - Sent I-130 (a Friday)

28 Aug 06 - NOA1 & Certif. receipt returned ( a Monday) Day 1

29 Aug 06 - USCIS cashes check

30 Aug 06 - check cleared & 1ST TOUCH.

01 Sept 06 - NOA1 recvd by Mail

09 Sept 06 - 2ND TOUCH (a Saturday)

09 Mai 07 - NOA2 (2 e-mails)

Note: were told the long delay due to huge backlog and internal changes in VT

NVC :

04-June-07 - NVC generates DS-3032 & AOS bill

12-June-07 - AOS Bill payment sent/ alien receives DS-3032 form (by mail, dated 4th June)

13-June-07 - Alien sends back completed DS-3032 (by mail)/ rcvd 19th of June approx.

To mid July-07 - I-864 form sent completed and IV fee bill

19-July-07 NVC rcv I-864 form; mail signature rcvd.

22-Aug-07 Ds-230 with documents sent to NVC.

20-Sep - 07 Alien sends NVC Missing document. NVC receives it the 25th.

05-Oct - 07 NVC completed.

16-Jan - 08 Interview, 3 questions asked, visa approved same day, received 1week later approx.

Note: delay due to internal delay, missing document (not rfe) and self procrastination of understanding some abstract terms. C Post not at all reliable (delivery duration, delivery with signature (did not deliver personnaly), and delivery of interview letter rcvd after the interview).

In USA:

01-03-08 POE Entry in USA

...-03-08 2 Welcome in America letters and green card received.

"What I know is that I know nothing"

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Basically because we don't have many of the new things they are after, we wanted to supply a letter with our I-130 stating every account of our relationship, therefore when it comes to interview time, were not questioned with... "why didn;t you mention your previous denial" you see..??

I don;t know, i might just not mention it at all in the I-130 application and let it come up at the interview here in london, i'm just confused as to be really upfront with the application from the start, like literally from mailing it to the USCIS...

OR

not mention it and deal with it IF it's brought up.. i really don;t know how to go about it

Edited by NikkisPrecious

going through HELL

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Filed: Citizen (apr) Country: Canada
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If you are going to the trouble to write an account of your previous travels in the US, failure to disclose that you were denied for a visitor's visa due to insufficent evidence of ties to the UK may be construed as misdirection. I have read quite a number of individuals who have been denied at one time for a visitor's visa, applying later for a K-1 or K-3 or even CR/IR-1 and having NO difficulties. At the time you were visiting the US a lot and were not able to reassure the officer that you would leave the US -in spite of your previous good conduct. This time you are not applying for a visa to visit - you are applying for a visa to remain in the US - a totally different process. If you have been denied they already have that information on file and will find it. Failure to mention it in a specific and detailed account will raise a red flag. Lying, misrepresentation or misdirection of information is considered a very serious act by US immigration. Failure to produce ties to your home while travelling in the past is not a serious act - it is quite ordinary. They won't hold it against you. They will hold misdirection against you. If you do write a detailed summary of your past travel history to the US be sure that you DO mention the denied visa; the consequences of failing to mention it will likely be far far far greater than from a denied visitors visa in the past.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: IR-1/CR-1 Visa Country: Canada
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Basically because we don't have many of the new things they are after, we wanted to supply a letter with our I-130 stating every account of our relationship, therefore when it comes to interview time, were not questioned with... "why didn;t you mention your previous denial" you see..??

I don;t know, i might just not mention it at all in the I-130 application and let it come up at the interview here in london, i'm just confused as to be really upfront with the application from the start, like literally from mailing it to the USCIS...

OR

not mention it and deal with it IF it's brought up.. i really don;t know how to go about it

Careful to be precise and just answer exactly the topic they are asking for: i.e. what "new things ...you don't have" versus your previous denials...In those "things", is there any mention or question if you have been denied? I assume you refere to tne new I-130, which i did not see yet, because we applied with the old one. But overall, if you are not asked, do not answer, or anticipate everything...because you panick...(they are overwhelmed with papers, need clear answers put shortly, not long novels of our lifes lol ) Answer short and straight forward only to what you are asked...This thing, it took me time to understand lol...

CR-1, VT- Canada

I-130:

25 Aug 06 - Sent I-130 (a Friday)

28 Aug 06 - NOA1 & Certif. receipt returned ( a Monday) Day 1

29 Aug 06 - USCIS cashes check

30 Aug 06 - check cleared & 1ST TOUCH.

01 Sept 06 - NOA1 recvd by Mail

09 Sept 06 - 2ND TOUCH (a Saturday)

09 Mai 07 - NOA2 (2 e-mails)

Note: were told the long delay due to huge backlog and internal changes in VT

NVC :

04-June-07 - NVC generates DS-3032 & AOS bill

12-June-07 - AOS Bill payment sent/ alien receives DS-3032 form (by mail, dated 4th June)

13-June-07 - Alien sends back completed DS-3032 (by mail)/ rcvd 19th of June approx.

To mid July-07 - I-864 form sent completed and IV fee bill

19-July-07 NVC rcv I-864 form; mail signature rcvd.

22-Aug-07 Ds-230 with documents sent to NVC.

20-Sep - 07 Alien sends NVC Missing document. NVC receives it the 25th.

05-Oct - 07 NVC completed.

16-Jan - 08 Interview, 3 questions asked, visa approved same day, received 1week later approx.

Note: delay due to internal delay, missing document (not rfe) and self procrastination of understanding some abstract terms. C Post not at all reliable (delivery duration, delivery with signature (did not deliver personnaly), and delivery of interview letter rcvd after the interview).

In USA:

01-03-08 POE Entry in USA

...-03-08 2 Welcome in America letters and green card received.

"What I know is that I know nothing"

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