K-1 Visa Confusion after denied B1/B2

[Marcus and Kris 0]

Hello all. I registered to get some information, advice, anything, as my head is turning to mush reading and thinking.

My fiance (from Russia) and I met online through music (I write music, she sings, she heard my tunes and wrote me, we had quite a connection) back in October 2014. We became very close over the months, and eventually knew there were deep emotions that we both felt but needed to explore to find out if they were real. We were basically Skyping for hours every few days, chatting all the time, playing games online, making music together. Catch was, she was married, but the marriage was falling apart, as she had gotten married young and had been regretting it for some time, and our growing feelings were the final decision for her to start a new life, a life with me.

We decided to meet in June 2015.

She separated from her husband in May, was living alone, and filed for divorce in June. We spent two weeks in Europe together, took many photos, visited some cool places, fell more madly in love, and parted ways with plans to meet again at the end of the summer, after my internship in Europe ended. Her divorce was completed at the end of July with no hiccups.

***However! We were so thrilled about our new relationship that in early July we decided that she should apply for a B1/B2 visa. It was denied due to lack of evidence of strong ties to Russia. We had zero intentions of marrying on a tourist visa, but we figured it would be nice if she could fly back with me in August and meet my family and travel more with me. On the DS-160, she listed me as a friend, though, and I really worry about this.

Despite that setback, we spent another two weeks together in Istanbul in August, and I asked her to marry me.

I am going to her in October to meet her family and see her home, but we are wanting to start the next step in a more permanent direction, thus we want to file for the K-1 Fiance visa and hopefully have a wedding sometime in the Spring of 2016.

My questions are as follows:

1) Will the first B1 denial affect the CO's decision when we go the interview in Moscow, granted we are given one? I will attend the interview, so I hope this helps on some level.

2) She put "married" on the DS-160 she completed in July because her marriage was not legally over yet, and she did not want to lie about that, even if it was in motion to end. Will this be a big problem? I read in a few places that you must put the status as it is when applying, despite any future changes, and this is what she did. The CO did not ask about her husband during the interview, if I remember correctly.

We can of course explain why she put "married", how long they had been separated, and how their marriage was dissolving. She can list those reasons with a passion if asked!

3) Will her listing me as a "friend" on the initial DS-160 be an issue, or is that particular question not going to come up? I worry we are dead in the water because of this.

4) Should we bypass the K-1 altogether and do the CR-1 route? We would like to do the K-1 due to the shorter processing time, but if that is not possible, we will go for the CR-1. We want to have our ceremony in the States, but we could always sign the papers in Russia when I visit, and do the wedding further down the road as a formality for our family and friends.

We are eager to start our little world, as I am sure many of you understand from your own experiences, and are looking for advice on what to do. It is such a headache.

Thanks in advance for all replies, hope to chat soon.

[Dashinka 23,238]

My wife and I had a very similar experience. She is from Russia as well and we met online back in 2012, and I made a trip to Krasnoyarsk to visit her. We hit it off very well, and she attempted to get a B1 twice and was denied both times. I went back to visit her, and we decided to get engaged and file for a K1. At the interview for the K1 they did ask her about her previous denied applications for a B1, but she answered truthfully, and the K1 was approved (I was there with her for the interview as well). The rest is history as we approach our first anniversary.

As to a K1 vs and IR1/CR1 that is usually a personal choice. A K1 is usually a little faster (depending on the service center your application is routed to) which allows your fiancé to enter the U.S. sooner, but then you have to apply for the AOS after the marriage. The IR1/CR1 can take 12 to 18 months, but when your wife enters she will receive her Green Card soon after entry. In our case, the K1 and AOS process was very smooth, so it worked well.

Regardless of your choice, Good Luck!

Edited August 20, 2015 by Bill & Katya

[canadian_wife 1,791]

1) Probably not, in fact if there was no direct lying on her part, it may be a benefit to prove a bonafide relationship. Oh, and you may go to the interview but I am not sure if they will let you in, they are not required to even though you are a US citizen - that does not give you unrestricted access to the consulate.

2) Tell the truth, she was technically married right? Was there a "married but separated" option? Didn't think so.

3) Most Russian women apply for tourist visas to visit 'friends'

4) That is a personal decision, nothing as of right now to suggest you cannot do a K1

good luck

[Marcus and Kris 0]

So thankful for the timely respones!

My wife and I had a very similar experience. She is from Russia as well and we met online back in 2012, and I made a trip to Krasnoyarsk to visit her. We hit it off very well, and she attempted to get a B1 twice and was denied both times. I went back to visit her, and we decided to get engaged and file for a K1. At the interview for the K1 they did ask her about her previous denied applications for a B1, but she answered truthfully, and the K1 was approved (I was there with her for the interview as well). The rest is history as we approach our first anniversary.

As to a K1 vs and IR1/CR1 that is usually a personal choice. A K1 is usually a little faster (depending on the service center your application is routed to) which allows your fiancé to enter the U.S. sooner, but then you have to apply for the AOS after the marriage. The IR1/CR1 can take 12 to 18 months, but when your wife enters she will receive her Green Card soon after entry. In our case, the K1 and AOS process was very smooth, so it worked well.

Regardless of your choice, Good Luck!

Did your wife list you as a "friend" on the B1 interviews? And will the fact that we met in person before she was officially divorced be an issue? She was separated during this time. I mean, of course we had romantic feelings dating back months before we met but we were not dating while she was married (she was very strict about that, regardless of feelings), but I do worry a little that it may raise flags in the interview. Opinion? Fu, so many questions, sorry!

1) Probably not, in fact if there was no direct lying on her part, it may be a benefit to prove a bonafide relationship. Oh, and you may go to the interview but I am not sure if they will let you in, they are not required to even though you are a US citizen - that does not give you unrestricted access to the consulate.

2) Tell the truth, she was technically married right? Was there a "married but separated" option? Didn't think so.

3) Most Russian women apply for tourist visas to visit 'friends'

4) That is a personal decision, nothing as of right now to suggest you cannot do a K1

good luck

Yeah she was technically married when we did the first DS-160, so that was the most honest answer we could put down.

I think the K1 will be our route, fingers crossed.

Thanks again, so very much.

[Moustafa/Crystal 65]

The IR1/CR1 takes 8-14 months.

[Marcus and Kris 0]

The IR1/CR1 takes 8-14 months.

Ah, ok. Still not too bad, all things considered.

[KayDeeCee 4,891]

Being denied a tourist visa due to lack of ties to your country/possible immigrant intent has no impact on getting a K-1, since a K-1 visa has immigrant intent.

She was married at the time she applied for the tourist visa, so she put the correct, honest answer. I don't see the problem. She will provide proof of her divorce with a copy of her divorce decree for the I-129F petition(will also need an English translation of it) and for the K-1 interview.

[Dashinka 23,238]

Just as an FYI, Moscow does allow the fiancé to attend the interview for a K1.

[Marcus and Kris 0]

Being denied a tourist visa due to lack of ties to your country/possible immigrant intent has no impact on getting a K-1, since a K-1 visa has immigrant intent.

She was married at the time she applied for the tourist visa, so she put the correct, honest answer. I don't see the problem. She will provide proof of her divorce with a copy of her divorce decree for the I-129F petition(will also need an English translation of it) and for the K-1 interview.

Just as an FYI, Moscow does allow the fiancé to attend the interview for a K1.

1. The initial B1 denial not having an impact seems to be the general consensus, so I'm glad about that, and of course she was honest on her DS-160. All things are easily explainable, just the circumstances we dealt with.
2. Ah, yes I thought so. I will absolutely attend the interview with her, and I hope that it helps on some level!