K1 visa eligibility

[vbcm 0]

I have a question. So in October 2015, my fiance travelled to the U.S with her 8 year-old-kid on tourist visas to visit her daughter. Then when she came to visit me, I suggested her to stay a little bit longer  that the kid went to school. And he did for 3 months. Then they came back before their 6-month entry ended. When they came back to the U.S after 2 weeks to attend her daughter's graduation, they were stopped at the port of entry. They said that the little kid went to school and that's illegal. So she was asked if she still wanted to stay but then she chose to go back. They said she could still apply for a visa. We've been together for 4 years and we just filed our petition mid-June and received our NOA1 on June 23rd. We're still waiting for our NOA2. The agent that we've hired for our petition said that our evidence and proofs of a true relationship are very strong. I wonder if the event in the past would affect her chance of getting k1 visa for her and k2 visas for her kids cause we've been together for long time and our relationship is genuine.

[Penguin_ie 5,986]

If the only issue is he went to school- no overstay or other illegal activity- you will be fine.

[vbcm 0]

@Penguin_ie no she did not overstay or have any other illegal activities. Are you sure about this? I'm just overly worried

[Penguin_ie 5,986]

They might ask about it at interview, as going to school indicated residing in the country and that is not allowed on the tourist visa, but as long as the mom did not work or do anything else illegal, she should be fine.

[vbcm 0]

@Penguin_ie fortunately, she did not work or do anything else illegal. Do you think it would affect our NOA2 approval? As I know, for k1 visa, we just need to prove that our relationship is real in order to be eligible for the visa right?

[Penguin_ie 5,986]

No, the only thing it MIGHT affect is questions about it at interview.

The relationship being real and you two intending to marry within 90 days is the main thing, though there are other things (criminal background, drug use) that can make one inelligible for a visa.

[vbcm 0]

2 hours ago, Penguin_ie said:

No, the only thing it MIGHT affect is questions about it at interview.

The relationship being real and you two intending to marry within 90 days is the main thing, though there are other things (criminal background, drug use) that can make one inelligible for a visa.

I myself don't have any criminal background. The only issue is my fiance and her kid got denied at entry because the kid went to school. But they're not barred. They cancelled their visas and they said they could still apply for another tourist visa. If we can prove that our relationship is genuine and we do intend to get married within 90 days at the interview, then we should be fine right?

Edited August 10, 2017 by vbcm

[Boiler 43,726]

Any bans are determined by the Consulate and will be notified at the interview.

[vbcm 0]

11 hours ago, Boiler said:

Any bans are determined by the Consulate and will be notified at the interview.

She and the kid are not banned. They said since she chose to go back on her own, she could still apply for another tourist visa.

[vbcm 0]

@Penguin_ie I'm sorry to bother but up there Boiler said that any bans are determined by the consulate. So I don't know if I'm banned or not. Cause the POE officer said I could still apply for another visa. 

[Penguin_ie 5,986]

I am assuming the first post in this thread is by the US fiance, and the recent post by the foreign beneficiary....

 

Boiler is correct, bans are up to the Consular Officer at interview.  However, minors who do something illegal  are not usually subject to a ban, even if going to school is illegal (which is certainly is not in all states).

[vbcm 0]

6 minutes ago, Penguin_ie said:

I am assuming the first post in this thread is by the US fiance, and the recent post by the foreign beneficiary....

 

Boiler is correct, bans are up to the Consular Officer at interview.  However, minors who do something illegal  are not usually subject to a ban, even if going to school is illegal (which is certainly is not in all states).

@Penguin_ieI see. Thank for your response. Also does the fact that they got denied entry at the POE because the kid went to school affect our chance of getting k1/k2 visa?

Edited October 11, 2017 by vbcm

[Penguin_ie 5,986]

If that is the only reason then like I said above, it should not affect the visa, though they may be questioned about it at interview.