F1 - then denied esta; then to K1

[SweetJuls 69]

Last June they denied my F-1 visa. We applied for K-1 and we got approved.

But, my relationship proofs are strong, the Consulate didn't even ask me about my visa denied, she just said "Your case is really simple. Approved." That's all.

So, it is all about your relationship, the proof that you have.

[Hypnos 6,579]

As stated, you should begin the K-1 process by filing an I-129F. He is highly unlikely to receive a B-2 tourist visa to visit you in the meantime, since he's been turned down for an F-1 and ESTA recently. He can try though. Her only has the fee to lose.

[Boiler 47,444]

The basic issue is he has it down as looking to enter the US with seemingly immigrant intent using a non immigrant visa's, or VWP which is essentially the same.

File a K1 and that is obviously to immigrate so all those prior issues become irrelevant.

[Essiej 42]

He was denied under the VWP because of his denial for the F1. U should not have any trouble getting K1, just expect a bit more questioning.

[HFM181818 750]

The CO believed (and likely it was true, given the newest circumstances) that he was going to use the F1 to do an end run around the K1 processing time...a very common, but very transparent 'strategy' that has been attempted so often....job letters for the future are as valuable as last week's newspaper....they prove NOTHING, except that somebody wrote a letter. Such 'offers' are not legally binding on either party; hence, they do not prove that an F1 visa holder will go back home after graduation...and since his NIV application was denied, his ESTA privileges disappeared at the same time...no document he could have presented would have made a difference because the F1 application said it all...go to the US, stay put, use the 'study time' to get married and do an AOS, without having to wait outside the United States.

Edited November 29, 2015 by HFM181818

[ichigo85 6]

I live in States. My boyfriend from UK applied for F1 visa. Consulate was very rude; did not peruse any paperwork or job consideration letter from employer when degree was attained. We would like to proceed with the K1 visa (we have known each over 1.5 years). He booked a flight, but now received an e-mail that his esta was denied. What to do next? So unfair. Any help greatly appreciated. Thank you.

If he files for a K1, then there is a really good chance he's going to be denied a B1/B2 Visa. If he already has a B1/B2 then he'll most likely be turned away at the POI. If he's already here, then you could file for an AoS. I know a lot of people that do that.

[lovewillfindaway 0]

All of you rendering opinion/comments - just awesome... your support and understanding are so appreciated. This has become an unbelievable nightmare...but not giving up. Again, thank you ALL - I will continue to take in any and all comments. All the very very best to you all and for trying to help others. Take care.

[Frewchen 8]

Likely an American fiancé

Unless he was unable to show ties to the UK, maybe.

If he files for a K1, then there is a really good chance he's going to be denied a B1/B2 Visa. If he already has a B1/B2 then he'll most likely be turned away at the POI. If he's already here, then you could file for an AoS. I know a lot of people that do that.

Your information is totally wrong! I filed a petition for K1 and 1-2 months later filed for B1/B2 and was approved and legally entered the US another month later for 6 months while awaiting K1 approval.

Btw. the B1/B2 visa was approved in London. However, (not being a UK citizen) I had strong ties to England as I was working for the NHS.

Good luck in trying!

[lost_at_sea 995]

The ESTA would have been denied because he had to declare that he had already been denied another visa.

You can obviously try the I-129f / K1 route. He already can't travel to see you, so it's the only option (other than trying for a B, but it seems unlikely given his F denial). Of course, plan B is planning for you to move to the UK or another country together, assuming the ultimate goal is for you two to live together as a couple.

I think the I-129f/K1 will likely work out, though.

Edited November 29, 2015 by lost_at_sea

[baron555 934]

Thank you Boiler. Just concerned now K1 will be denied also... Thank you again! (:

Nope