B1/B2 denied and planning to apply F1 visa.

[Michael&Lexy 0]

Hello everyone.

Me and my fiancée are planning to get a fiancée visa after the B1/B2 refusal in Bangkok Thailand. She is a Filipina who is living and working there as a teacher for almost 5 years now. I visited her last October in Thailand for 12 days and I'm planning to go back and visit her in April but not in Thailand. It will be in the Philippines this time. We got engaged in October and knew each other for two years now. We decided to apply for a b1/b2 visa for her to spend Christmas here and go back to Thailand. Sad to say she got deny.

We are a bit confused where to apply a fiancée visa. Would it be convenient for her to apply in the Philippines while she's in Thailand or process the fiancé visa in Thailand.

She is a bit worried of processing the visa in Thailand because of the tourist visa refusal.

Is it possible that they will deny her again?

I am planning to get a lawyer to help us about it.

[ZoeUK1989 35]

So you're wanting to file an F1 visa? Non-immigrant visa so she she can study? Or do you mean the K1 visa so she can stay with you permanently?

[ZoeUK1989 35]

Also on what grounds did they deny her B1/B2 visa application?

[Michael&Lexy 0]

Oh sorry, I mean K1 visa for fiancé visa

[Michael&Lexy 0]

She applied for B1/B2 to visit her aunt in Michigan. I guess she got denied because of her aunts situation. She is a retired assistant nurse. She showed a complete supporting documents. Working permit, contract , fat bank account, properties and a letter from her employer ( director of the school). She is a traveler. She traveled many different countries around Asia including countries that have visa like Japan and Korea.

[ZoeUK1989 35]

Just thought i would check, I would changed your profile to K1 while you're thinking about it just in case your post gets moved to the wrong category

I am not sure how it works with the Philippines or Thailand as I am from the UK, also with her previously being denied for a different visa. I am sure someone will be able to help you that has been in the same situation.

I think the reason they denied the previous visa application will be good information to include as the reason for the denial on that visa could also be reason for denial of the K1.

It is also the USC that files the application i believe and not the beneficiary, or at least that's what happened for me in the UK but i cannot say its the same. I think it is based on the country's rules of where you are moving to rather than the beneficiary place of residence that determines who applies. For example being in the UK if i was to bring my fiance here, she would still have to apply and not me... Strange!

[ZoeUK1989 35]

Sorry I have just read another post that I found searching google where someone has been denied to the B1/B2 and now planning on applying for the K1. People are saying if she go denied because she didn't have enough ties to her home country then this would not affect the K visa application. They seem to advise it is all about the reason she got denied which i would agree with.

I think what that means if when she applied for the B visa, If she didn't have family where she was living at the time, a mortgage, bank accounts and other things like this then they may have suspected that she wouldn't leave when her visa ran out. big red flag to immigration i'm sure.

again I am not sure how the B visas work and how much of it depends on the relative you are planning on staying with as i have never had to apply for one with being on the VWP.

Try this link

http://www.visajourney.com/forums/topic/483126-can-k1-visa-be-rejected-if-b1b2-was-denied-couple-of-times/

[mjvc 32]

Hello everyone.

Me and my fiancée are planning to get a fiancée visa after the B1/B2 refusal in Bangkok Thailand. She is a Filipina who is living and working there as a teacher for almost 5 years now. I visited her last October in Thailand for 12 days and I'm planning to go back and visit her in April but not in Thailand. It will be in the Philippines this time. We got engaged in October and knew each other for two years now. We decided to apply for a b1/b2 visa for her to spend Christmas here and go back to Thailand. Sad to say she got deny.

We are a bit confused where to apply a fiancée visa. Would it be convenient for her to apply in the Philippines while she's in Thailand or process the fiancé visa in Thailand.

She is a bit worried of processing the visa in Thailand because of the tourist visa refusal.

Is it possible that they will deny her again?

I am planning to get a lawyer to help us about it.

Hello! Just to clarify, did you apply for tourist visa before or after you got engaged in October? I also applied for tourist visa here in the Philippines but got denied. I was told to apply for k1 (fiancee) visa instead since we're already engaged. Before I applied for the tourist visa, I already knew (because I read it somewhere) that it will be difficult for me to get a tourist visa unless I have a really valid and convincing reason to go back to my home country and not stay in the States and then get married.

In any case, even if my tourist visa application was denied, we just applied for k1 visa recently, in the same embassy. Hopefully everything will turn out well. I may not be able to answer your question ASAP as I need to wait to confirm if the denial would have an impact on our application but I just shared my story so you'll know that we have the same experience. On whether you'll apply in Thailand or the Philippines, I think it will be more convenient for her to apply in Thailand as she might need to go back and forth to the embassy. But if she can have a long vacation and stay in the Philippines for a while, then there's no problem with applying in the Philippines I guess.

[Michael&Lexy 0]

Thank you for sharing it. We are on the same boat right now. She applied for a tourist visa right after we got engaged. She is planning to have a long vacation in the Philippines starting April until May. I don't really want to waste more time and wait a little bit longer. I want to process the K1 next month and we haven't decided which embassy should we apply. I guess it is very convenient for her to apply in Thailand but she's planning to stay in the PH for two months. I guess it is better for us to process it in the Philippines instead.

Are you and your fiancé will apply for K1 visa in the Philippines?

I will write on here till the visa will be done.

[ZoeUK1989 35]

Surely the best place to apply is where her residency is held...

This is just an opinion so please don't bite my head off or anything but wouldn't that been seen as a little deceiving to apply from a different country because she got denied in another?

I genuinely don't know for sure but if it was me i would apply from where i was living regardless of a previously denied visa (depending on what the reason for denial was)

[A'n'L 735]

The tourist visa denial has no impact on the K1 application, as long as she didn't lie about your relationship or anything else at that interview.

You will need to start by filling a i129f petition with USCIS here in the US (check out the guides on this website). She can interview at the embassy of any country she is a citizen or legal resident of. Her choice.

Most people do not use or need a lawyer, unless there are some particular circumstances (usually related to criminal history or previous illegal presence in the US).

Edited December 13, 2016 by A'n'L

[ZoeUK1989 35]

Either way, I wish you both the best of luck and I hope it goes as smoothly as possible

[Michael&Lexy 0]

Thanks Zoe. I already told my fiancé that it will be best for us to apply the visa in Thailand because she's living and working there. Also, We know an agency in Bangkok who can help us with the visa. But she wants to go home in the Philippines this coming April and May. Her long vacation btw and she doesn't want to extend her contract in that school. She wants to go back in the Philippines for good and work there while processing the visa. She really wanna do it in the phils. And you are right about it. It is better to apply the visa where she come from.

Edited December 13, 2016 by Michael&Lexy

[ZoeUK1989 35]

Hey, you never know but she might not be working for long in either Thailand or the Philippines all being well and good

Not sure how long the processing takes for either of the countries but we applied in June and by August the application was with the Embassy in London. The only thing that slowed it down is i hadn't got my police or birth certificate already as was not expecting it to be that quick so had to wait for those to come through.

Has she lived anywhere else other than Thailand and Philippines? I'm guessing she will have to get police certificates for all countries she has lived in.

Now i'm just curious as to how it works hehe. Ours was pretty straight forward in the sense of no name changes, previous marriages, children and the fact that i have never lived anywhere else.

Guess i just like to be a little bit nosey and hear other peoples stories

[Michael&Lexy 0]

? I'm divorced and has children and she's never been married and no children.

Thank you for the information Zoe. I guess she has to get a police clearance in Thailand before she will go back in her home country. She only live in Thailand. ? Phewww that's a relief. I wish everything will be fine with the processing.

It will be rocky but it's worth it. I have all the supporting documents and I will start processing it this January.

I'll keep my faith.

Edited December 13, 2016 by Michael&Lexy