Applying for CR-1, but denied B1, J1 previously.

[canscoamerican 0]

Quick backstory

My husband then boyfriend (A British Citizen) was living in the US with his family as an overstay on the Visa Wavier Program, His family was asked to leave, but at that point he had just turned 18 and was exempt from any bans. (Jan 2012)

He applied to return on ESTA (May 2012) but was told he needed a visa to apply, when he went to apply for B1/2 visitor visa at Belfast (June 2012), he was denied on "not significant ties to home country" rule and sent away

He then applied for a Study Visa (J1) through London (July 2012) and was denied on the same thing that he didn't have enough significant ties to the UK.

He subsequently moved to Canada to study and got a work permit (2014) after completing his degree. We got married last year in March 2015 and applied for the Green Card (CR-1) status that summer (2015). We are about to submit all our documents to the NVC but we are concerned that because he has been denied a visa in the past that he will be denied for the Green Card. Both my status in Canada (As an american citizen on a work permit) and his (A British citizen on a work permit) expire next year in January.

We have Joint sponsors and we have lots of proof that we have a reputable marriage.

Everybody's help would be appreciated to determine if he is likely to be denied or not. We don't think so since this is an immigrant visa and those were non immigrant visas...

[Anh map 2,098]

Different situations, different standards. The past events shouldn't be an issue.

Do some reading in the Canada regional forum to prepare for the issues that seem to be important.

[nymets 4]

Quick backstory

My husband then boyfriend (A British Citizen) was living in the US with his family as an overstay on the Visa Wavier Program, His family was asked to leave, but at that point he had just turned 18 and was exempt from any bans. (Jan 2012)

He applied to return on ESTA (May 2012) but was told he needed a visa to apply, when he went to apply for B1/2 visitor visa at Belfast (June 2012), he was denied on "not significant ties to home country" rule and sent away

He then applied for a Study Visa (J1) through London (July 2012) and was denied on the same thing that he didn't have enough significant ties to the UK.

He subsequently moved to Canada to study and got a work permit (2014) after completing his degree. We got married last year in March 2015 and applied for the Green Card (CR-1) status that summer (2015). We are about to submit all our documents to the NVC but we are concerned that because he has been denied a visa in the past that he will be denied for the Green Card. Both my status in Canada (As an american citizen on a work permit) and his (A British citizen on a work permit) expire next year in January.

We have Joint sponsors and we have lots of proof that we have a reputable marriage.

Everybody's help would be appreciated to determine if he is likely to be denied or not. We don't think so since this is an immigrant visa and those were non immigrant visas...

I was in the same situation like your husband is in.....I Had been rejected for student visa 3 times from India and after that I came to Canada on a student Visa and got married in Toronto. Before that I had applied for a tourist (B1) visa for the states which was denied for the same reason as yours. After completing my studies in canada I was on the Work Permit just like your husband and I did not have any problem at the interview with the past denials. They did not ask anything about that.

The only Advise is if they do ask about it "JUST BE HONEST" with your answers and everything will be good. Don't lie or mis-represent any information to them.