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req12

B2 visa denial, now K1 interview. Please help me and give your opinion

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Filed: K-1 Visa Country: United Kingdom
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Hi there fellow VJers, 


I have a complex situation and I hope somebody can help me out. 1 year ago in October, I applied for the B2 tourist visa because I wanted to basically live with my fiancée already but also travel with her (back then it was my girlfriend). At the same time while I would be there, I wanted to study for the GED test (but not through a school institution, just on my own) so I could later qualify for a student visa so we could legally start our lives together by me moving into her house. So my plan was to first live with her and travel for those 6 months on the B2, and after that come back to my country, apply for the student visa so I could be with her alteast 4 years. 


I said  during the interview that I wanted to travel the country (so that was my main intention that I said). Also I explained about the GED test on a follow up question and the officer was confused. When they asked me if I have a girlfriend there, and when I said yes, they denied me after that. The denial on paper was a general statement: 'you do not qualify for this visa' also the officer said to me: 'get better grades'


I completely understand why they denied me back then; absolutely no home ties (I was seriously not prepared at all and had no idea what I was doing), having a US girlfriend and on top of that, studying for a 'test'. I did not explain the GED test well to the officer but I did not lie about anything. Technically it is allowed for me to study on my free time and take a test anywhere in the world, and I did not want to do anything im not allowed to do.


Do you think I will have problems for my K1 interview now? I will have my interview soon, and I am scared they will think I am kind of 'visa shopping'. All I want is to be with the love of my life. I did not lie about anything and clearly stated on the DS-160 I filled out 1 year ago for the B2 visa that I will stay at the address of my fiancée. I proposed to my fiancée 3 months after the denial, because I realised I can't live without her when she visited me 2 times after that (total stay of 7 weeks). 
Please let me know what you think. Ofcource you can read this entire story, but I basically need to sum up and explain why I got denied for a B2 visa at the interview.

Should I give a short of long answer? I think the long explaining answer is the best to tell the whole truth. They should believe me what I say because im saying the truth. I have nothing to hide and we have a legitimate relationship, we prepared everything and we love eachother so much. Also, we are very young so I hope they don't take that against us. It is our choice to settle down at this age because we are meant to be. Please imagine you are the consular officer interviewing me for the K1 visa, and what you would think as the officer, not from the perpective of reading this entire story online.

 

 

Thank you for your help
 

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Filed: K-1 Visa Country: Wales
Timeline

Not a problem

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  1. Your past denial should have no impact on the K-1. You were most likely denied due to 214b - immigrant intent, which is not a concern for a K-1 visa since it permits immigrant intent.
  2. A tourist visa is not for living in the US. A student visa is also not for the purpose of living with a significant other. This is all in the past now, but your denial - at least a face value - sounds correct.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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11 minutes ago, req12 said:

I completely understand why they denied me back then; absolutely no home ties (I was seriously not prepared at all and had no idea what I was doing), having a US girlfriend and on top of that, studying for a 'test'. I did not explain the GED test well to the officer but I did not lie about anything. Technically it is allowed for me to study on my free time and take a test anywhere in the world, and I did not want to do anything im not allowed to do.

I think you still don't understand why you got denied. Yes, it had to do with the ties. But also, you don't understand how getting into a US college works (that is why he said get better grades) and you don't have to have  GED from a US school to get into a US college. You could have (and should have) finished highschool in the country you are from. Moreover, do you know how much college in the US costs?

 

Basically, your whole story was bonkers. 

 

Even if you had explained the GED part "well" it makes no sense. 

 

You did lie because your plan was to live with your girlfriend. The GED part was an excuse since you don't need to be in the US to study "on your own":

 

11 minutes ago, req12 said:

I wanted to study for the GED test (but not through a school institution, just on my own)

 

11 minutes ago, req12 said:

Do you think I will have problems for my K1 interview now? I will have my interview soon, and I am scared they will think I am kind of 'visa shopping'.

I don't think you'll have a problem but you need to grow up. 

 

 

 

Edited by Coco8
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Your previous visa interview and the refusal of a non-immigrant visa is not grounds for denial, however they might really question your relationship and ask many questions since your story didn't add up. My dad was denied non immigrant visa more than 10 times, however when his immigrant visa interview came he had no problem getting his visa.Always tell the truth! Short, truthful answers go a long way. Best wishes.

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Filed: K-1 Visa Country: United Kingdom
Timeline
30 minutes ago, Coco8 said:

I think you still don't understand why you got denied. Yes, it had to do with the ties. But also, you don't understand how getting into a US college works (that is why he said get better grades) and you don't have to have  GED from a US school to get into a US college. You could have (and should have) finished highschool in the country you are from. Moreover, do you know how much college in the US costs?

 

Basically, your whole story was bonkers. 

 

Even if you had explained the GED part "well" it makes no sense. 

 

You did lie because your plan was to live with your girlfriend. The GED part was an excuse since you don't need to be in the US to study "on your own":

 

 

I don't think you'll have a problem but you need to grow up. 

 

 

 

You completely don't understand my situation.. Yes I am aware how much it costs.. 

 

It was not bonkers at all, just from your perspective. It does make sense if you read my post. I wanted to not be seperated and be with her longer than 3 months thats why I applied. I wanted to travel with her other than living together, so my answer was not a lie at all, just not the whole truth. The GED would of allow me to get accepted in college and go there on the student visa later on so we would not be separated anymore.

 

Yes I shouldve handle it better and do my research a year ago, that is my fault. I got to admit, I have grown up since then :) Thanks for the feedback..

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5 minutes ago, req12 said:

You completely don't understand my situation.. Yes I am aware how much it costs.. 

 

It was not bonkers at all, just from your perspective. It does make sense if you read my post. I wanted to not be seperated and be with her longer than 3 months thats why I applied. I wanted to travel with her other than living together, so my answer was not a lie at all, just not the whole truth. The GED would of allow me to get accepted in college and go there on the student visa later on so we would not be separated anymore.

 

Yes I shouldve handle it better and do my research a year ago, that is my fault. I got to admit, I have grown up since then :) Thanks for the feedback..

Hey don't feel bad! I never thought or planned to have a USC boyfriend (now fiance) so I didn't think I'd be going through the K-1 process and was never prepared for it :jest:  All the best to you though. As per @geowrian your B2 denial will not affect your K-1 interview. Also, coming from a low fraud country, it should be a breeze :)

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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