Jump to content
Sign in to follow this  
Caroline and Phil

K-1 X denied touris visas

16 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Brazil
Timeline

Hi friends.

I would like to know about K-1 visa chances to someone that had denied visas in the past.

This is what happened:

I had denied visas in the past (tourist visas). It is a long history. I wanted to go to Disney since I was a child and my uncle and his family went to there and didn't invite me. :( Then I looked for the first travel agency and they only said to me: ah go to consulate and get a tourist visa. And I, so stupid, went to consulate without talking to anyone that could help me. The result was: I didn't take documents (important documents) that I had to show and my visa was denied. Some months later I tried again (now with all the documents) but it was denied again (because when they deny your first you should wait for at least 1 year). And the problem is: my uncle said me: "You will never get it!" and laughed. And my aunt said: "Who are you? You are single and can't go to Disney. Don't compare yourfelf with me, a wife with a family." And she said I would be received as a "b****" there (sorry for the word). This is why I wanted that visa in my passport. I didn't care with the travel anymore i just wanted the visa to make them to swallow it. I tried for 5 times as a crazy and the last time I thought: Oh I will not spend more money with this! And completly forgot about Disney. (The denials was: the first in 2002 and the last in aug 2003).

But in June 2004 I knew my friance. We met in person and it was wonderful. He is cool and all that i like. He makes me happy as anyone else. And I will do anything to be with him. :luv::luv:

The question is: may those denials be a risk for us? Our plan is: he comes here and marry me and file for CR-1 (and after K-3) int the US (because since las June we can't file for CR-1 in Rio de Janeiro). But we read that K-1 could be faster than CR-1 and K-3. So we need to know about our chances with K-1.

If someone knows about this or had an experience like this, please help us.

Thank you.


Caroline (Brazil) and Phil (USA)

yPnbm4.png

2003i9szfhw0aa.jpg

f2MWm5.png

View my Timeline

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Colombia
Timeline

One has nothing to do with another.

Good luck,

Peter Miami


Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Ireland
Timeline

From what I have been told-the visitor's visas are completely different from the k-1. With the k-1 the person IS intending to immigrate here to the US, where as the other visas are NON-immigrant visas.

My fiance was denied a b-2 and I am hoping that it will not be an issue. Just explain all of this in the interview-don't try to hide any of it :no:

Good luck


Ni neart go cur le cheile

"Togetherness is Strength"

Share this post


Link to post
Share on other sites
Filed: Country: Canada
Timeline
From what I have been told-the visitor's visas are completely different from the k-1. With the k-1 the person IS intending to immigrate here to the US, where as the other visas are NON-immigrant visas.

My fiance was denied a b-2 and I am hoping that it will not be an issue. Just explain all of this in the interview-don't try to hide any of it :no:

Good luck

If the reason you were denied for a B visa is because you lacked adequate ties to your home country, then getting a K1 will not be an issue. If you were denued for a B visa for another reason, it may or may not be an issue...


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Ireland
Timeline

From what I have been told-the visitor's visas are completely different from the k-1. With the k-1 the person IS intending to immigrate here to the US, where as the other visas are NON-immigrant visas.

My fiance was denied a b-2 and I am hoping that it will not be an issue. Just explain all of this in the interview-don't try to hide any of it :no:

Good luck

If the reason you were denied for a B visa is because you lacked adequate ties to your home country, then getting a K1 will not be an issue. If you were denued for a B visa for another reason, it may or may not be an issue...

exactly zyggy :thumbs: I should have elaborated a bit-my man did not have strong enough ties to Ireland(or so they thought) that is why he did not get the visa.


Ni neart go cur le cheile

"Togetherness is Strength"

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Brazil
Timeline

Thanks friends for your replies.

Well, my fiance lives in Michigan. Do you know this could make K-1 faster for us?

My denied visas was because the first time I didn't take documents that I had to take (they want to know how much is your salary, bank accounts, credit cards etc) but the travel agency didn't say me anything, so I was was not ready for the interview. They understood that I could not travel because of my lack of adequate ties to my country. Next times I showed them all my documents but it was late because when you have a denial it is hard to get a visa. When I got visa to Canada I didn't have any problem because I already knew what I had to do (to show all my documents) and then I got it with no problems.

Ah please, another question: should I say something about these denials if they don't ask me about this at the consulate?

Edited by Lis_Cindy

Caroline (Brazil) and Phil (USA)

yPnbm4.png

2003i9szfhw0aa.jpg

f2MWm5.png

View my Timeline

Share this post


Link to post
Share on other sites
Filed: Country: Canada
Timeline
Thanks friends for your replies.

Well, my fiance lives in Michigan. Do you know this could make K-1 faster for us?

My denied visas was because the first time I didn't take documents that I had to take (they want to know how much is your salary, bank accounts, credit cards etc) but the travel agency didn't say me anything, so I was was not ready for the interview. They understood that I could not travel because of my lack of adequate ties to my country. Next times I showed them all my documents but it was late because when you have a denial it is hard to get a visa. When I got visa to Canada I didn't have any problem because I already knew what I had to do (to show all my documents) and then I got it with no problems.

Ah please, another question: should I say something about these denials if they don't ask me about this at the consulate?

Ok then the reason for your denial is the reason that I outlined above... you were denied for not having adequate ties to your home country. The K1 overcomes this problem.

I am from Michigan as well. You fiancee will need to file a I-129F to the Nebraska Service Center and wait...Their timeline is the timeline.. there is nothing you can do to make it faster othet than creating a complete and organized I-129F packet. This site can assist you in doing just that.

The DS-156 does ask about visa denials. You will have to list your previous visa denial, but it won't be a factor.


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Ireland
Timeline

On one of the forms for the consulate interview-it asks if you have ever been denied a visa-tell them yes-never ever lie :no:

You will have your chance to explain-just make sure you check the box-YES. There is also another part on the form(maybe the ds156) where it asks you to put the dates you were denied, you will have to fill those in as well.

I am sure you will be fine-many vjer's have been denied visitor's visa and went on to get their k-1.

good luck to ya!


Ni neart go cur le cheile

"Togetherness is Strength"

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

You got denied your visitor visas for the same reason that MOST people are - they suspected that you might possibly want to stay in the US instead of going home... it's very common and it's no reason to worry about the K1 being refused - a K visa assumes that you ARE going to the US to stay so ties to your home country are irrelevant. All you have to worry about is showing them that you have a genuine relationship with your fiance and that they can support you etc.


Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

My fiance was denied a tourist visa also (but she tried only once and she wasn't going to Disney!) She listed it on her documents but they never even asked her about it. Don't worry about that. Good Luck


2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ukraine
Timeline

With the k-1 the person IS intending to immigrate here to the US, where as the other visas are NON-immigrant visas.

WHOA here :help: !

The legal classification of the K-1 visa is a "Non-immigrant" visa!

I know this doesn't make any sense :wacko: , but that is what it is.

You don't get immigrant status until after you get married and file a AOS.


2/1/2006 Mailed I-129F to NSC

2/2/2006 I-129F delivered to NSC

2/6/2006 NSC NOA1 - Received!

2/8/2006 NSC NOA2 - Approved!

2/10/2006 NSC mails K1 to NVC

2/20/2006 NVC received K1

2/27/2006 NVC Mail K1 to Kiev

3/9/2006 Kiev Receives K1

3/10/2006 FAX'ed appointment letter to Kiev

3/14/2006 Scheduled interview in Kiev

4/10/2006 Appointment in Kiev

4/10/2006 K-1 Visa Received

Share this post


Link to post
Share on other sites
Filed: Country: United Kingdom
Timeline

With the k-1 the person IS intending to immigrate here to the US, where as the other visas are NON-immigrant visas.

WHOA here :help: !

The legal classification of the K-1 visa is a "Non-immigrant" visa!

I know this doesn't make any sense :wacko: , but that is what it is.

You don't get immigrant status until after you get married and file a AOS.

I appreciate your point, but "immigrant" has more than one meaning.

The K-1 is a non-immigrant visa with very special conditions and permissions attached to it, namely that it allows the bearer to enter the US for the express purpose of marrying a specific person and adjusting status based on that marriage.

If you enter the US with (almost) any other on-immigrant visa and tell then that you plan to marry a USC within 90 days and file to adjust your status, well, you won't be entering the US on that trip. :)

I've read that US immigration law considers *everyone* who is not a USC is "an immigrant".


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...