Will 2 student visa denials effect a K1 application?

[Hopeful1987 0]

The gf from sweden finished her au pair here in America, went back home for the summer and planned to come back this august with a student visa. After two attempts, she was denied both because she couldnt prove to the consulate that she would be returning home after her 4 years. Obviously being young, she didnt have a home or a permanent job after just returning from being an au pair.

My question is, will these two denials effect our chances of getting the K1 visa approval?

Im planning on traveling over there in September with a ring, I am just unfamiliar with how this all work. I would hate to spend all this money trying to make this work only for it to be denied.

Any thoughts on this situation?

Thanks.

[Harpa Timsah 13,258]

Since Sweden is a low-fraud country, it probably won't make a difference. Good luck.

[sweet cakes 326]

The gf from sweden finished her au pair here in America, went back home for the summer and planned to come back this august with a student visa. After two attempts, she was denied both because she couldnt prove to the consulate that she would be returning home after her 4 years. Obviously being young, she didnt have a home or a permanent job after just returning from being an au pair.

My question is, will these two denials effect our chances of getting the K1 visa approval?

Im planning on traveling over there in September with a ring, I am just unfamiliar with how this all work. I would hate to spend all this money trying to make this work only for it to be denied.

Any thoughts on this situation?

Thanks.

Previous non-immigrant visa refusals won't affect a K1 visa application, so no need to worry about it. You guys just have to be truthful in the forms and whenever any information about her previous visa applications is asked.

Being your state is Connecticut, you will be assigned to Texas Service Center (TSC) and recent timelines for NOA2 approval are running for 6-7 months plus the NVC - consulate stage which may take 2-3 months more. Unless there will be improvements in place soon at TSC, better be prepared for a wait of about 8 - 10 months from I-129f filing.

[Hopeful1987 0]

Previous non-immigrant visa refusals won't affect a K1 visa application, so no need to worry about it. You guys just have to be truthful in the forms and whenever any information about her previous visa applications is asked.

Being your state is Connecticut, you will be assigned to Texas Service Center (TSC) and recent timelines for NOA2 approval are running for 6-7 months plus the NVC - consulate stage which may take 2-3 months more. Unless there will be improvements in place soon at TSC, better be prepared for a wait of about 8 - 10 months from I-129f filing.

Thanks for the information, 8-10 months is a really long time.

Do you think it may be worth having her come over in a few months on an esta visa, marrying here, and then applying for a status change? Seems risky since I know you arent supposed to be coming in the country with the intent of immigration.

[sweet cakes 326]

Thanks for the information, 8-10 months is a really long time.

Do you think it may be worth having her come over in a few months on an esta visa, marrying here, and then applying for a status change? Seems risky since I know you arent supposed to be coming in the country with the intent of immigration.

That's currently the case and I agree that it's indeed a long time. Hopefully, the processing time at TSC will improve soon too.

I'm not from a VWP country but from what I read, if one applies for a visa and was refused, it makes it extremely unlikely that an ESTA application will be approved. The applicant must declare any such visa refusal in the ESTA questions when applying for it. https://help.cbp.gov/app/answers/detail/a_id/1097/related/1/session/L2F2LzEvdGltZS8xNDA2ODE4NjQwL3NpZC9iSDFscUctbA%3D%3D

Hope anybody who has a recent experience similar to your girlfriend's circumstance will chime in. Wishing you both the best!

[CowBoE 429]

If they truly denied her student visas in the past because they feared her staying in US...

fear no more...K1 visa is all about someone getting married and staying in US.

I think as long as you guys meet your marriageability eligibility, fiance, and other requirements,

I don't see why they can deny her this time.

This time she is declaring...yes...I'm staying in US!!!!

Lastly, read up on I-129F processing, so that you are gathering proper evidence,

and while you are there you guys can work on the documents together and you

can bring back signed papers to file.

Good luck.

[Boiler 45,640]

First see if she will be approved by ESTA.