B1/B2 Denied and however wants to know if that will affect my chances with a K1 visa

[Pixiedeluna 0]

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

 

He wants to apply for the K1 visa for me to come to the United States and get married.

 

or which option do you think will work best in our case? Do u think we should marry here in my home country then apply for a Immgrant visa? Or fiancé  visa? We were working with fiancé visa because it's takes like 6 months.

 

Do u think because of the time frame they will think I am lying??? 

 

I am scared that they will think I misrepresented the info on the form.

 

Please advise on the best route to take. 

 

AD

 

[Cyberfx1024 7,980]

1 minute ago, Pixiedeluna said:

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

 

He wants to apply for the K1 visa for me to come to the United States and get married.

 

or which option do you think will work best in our case? Do u think we should marry here in my home country then apply for a Immgrant visa? Or fiancé  visa? We were working with fiancé visa because it's takes like 6 months.

 

Do u think because of the time frame they will think I am lying??? 

 

I am scared that they will think I misrepresented the info on the form.

 

Please advise on the best route  take. 

 

AD

 

No a denied B1/B2 tourist visa will not affect a fiance visa. The only way it would affect it is if you lied somehow on that application.

[Pixiedeluna 0]

So the time frame doesn't affect???

[RJandHamid 1,133]

A B1/B2 denial has no effect on a K1 petition. The K1 process is taking a little longer these days, so should you choose to go that route, you could expect to have your visa in hand within about 6-9 months. 

 

The CR1 spousal visa takes a little longer (12-18 months), but is ultimately cheaper than the K1. It's up to you and your fiance which visa you think is best for your situation. 

 

Which country are you from? Sometimes relationships that close together in terms of time can be a red flag, especially in countries known for higher visa fraud rates. Are you officially divorced from your spouse/ex boyfriend? 

[John & Rose 7,239]

1 minute ago, Pixiedeluna said:

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

 

He wants to apply for the K1 visa for me to come to the United States and get married.

 

or which option do you think will work best in our case? Do u think we should marry here in my home country then apply for a Immgrant visa? Or fiancé  visa? We were working with fiancé visa because it's takes like 6 months.

 

Do u think because of the time frame they will think I am lying??? 

 

I am scared that they will think I misrepresented the info on the form.

 

Please advise on the best route to take. 

 

AD

 

Short times knowing each other is not necessarily a reason for denial.  Many here have only known their SOs for months.  We are currently debating here what is the best route as the K-1 timelines are heading towards CR-1 timelines.  Getting married there and applying for a CR-1 means that you wouldn't be together permanently with your SO for 12 to 14 months.  It is less money and at the end of the 12 to 14 months you will have a green card.

 

K-1s are taking around 8 months to VOH but you will still have the AOS/EAD/GC stuff to contend with later.  It costs more but you will be together sooner.

 

The CR-1 is probably a better route if you think you are going to have a denial due to the short time and the previous denials.

 

Just my $0.02!!!  I'm not an expert.  I'm just a normal guy waiting for NOA2!

[Pixiedeluna 0]

RJandHamid I am in Jamaica.

 

i was wondering if would be a red flag because of the time frame. That's why I even was thinking the longer route. Just so they can have a little idea that the relationship is real. 

[Pixiedeluna 0]

JohnandRose, I was thinking the same thing. My spouse is so excited to have me over there he wants to take the shortest route possible but it might not be the best route.

 

i think I will go with the CR-1 base on the nature of the situation.

[geowrian 22,337]

A K-1 is taking 7-9 months on average right now.

 

The most likely cause for inadmissibility for the B1/B2 visa was immigrant intent. That won't matter for a K-1 (which permits immigrant intent). If the refusal was for another cause of inadmissibility (i.e. a criminal history or something), then that would impact a K-1 in the same way.

 

13 minutes ago, Pixiedeluna said:

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

Ex boyfriend or ex spouse? i.e. You were actually legally married to him at the time, right? If so, I don't think they will thin you're lying on the past form...the divorce decree should show the date of the divorce.

 

But the short relationship timeframe will likely raise scrutiny of the relationship. This is overcome with relationship evidence.

Edited October 6, 2017 by geowrian

[Nitas_man 3,100]

17 minutes ago, Pixiedeluna said:

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

 

He wants to apply for the K1 visa for me to come to the United States and get married.

 

or which option do you think will work best in our case? Do u think we should marry here in my home country then apply for a Immgrant visa? Or fiancé  visa? We were working with fiancé visa because it's takes like 6 months.

 

Do u think because of the time frame they will think I am lying??? 

 

I am scared that they will think I misrepresented the info on the form.

 

Please advise on the best route to take. 

 

AD

 

The above implies that you said you lived with a spouse who was actually a boyfriend.

 

If you checked "married" on a B visa application and told a CO you live with your spouse then a K1 petition shows up a few months later, then you apply for the K1 and tell the truth on the line "have you ever been denied?" "when?" and they check the two side by side and you don't have a marriage or divorce shown on the K1 application you're going to be cold caught and it definitely will affect your application.

 

NEVER, EVER LIE on ANY Immigration document!

Edited October 6, 2017 by Nitas_man

[John & Rose 7,239]

8 minutes ago, Pixiedeluna said:

JohnandRose, I was thinking the same thing. My spouse is so excited to have me over there he wants to take the shortest route possible but it might not be the best route.

 

i think I will go with the CR-1 base on the nature of the situation.

If I were starting this journey now, I would also most likely go the CR-1 route.

[Illiria 980]

So you put on the B2 application that you were married when you weren’t? If so then yes you will have an issue as they will ask for a divorce certificate which you won’t be able to provide. 

 

Is the new partner married to you or not? If not stop using spouse to refer to them because if you do that at a fiancé visa interview or show them anything referring to being married they will deny you for being too married for a fiancé visa. 

 

 

[Pixiedeluna 0]

1 hour ago, Nitas_man said:

The above implies that you said you lived with a spouse who was actually a boyfriend.

 

If you checked "married" on a B visa application and told a CO you live with your spouse then a K1 petition shows up a few months later, then you apply for the K1 and tell the truth on the line "have you ever been denied?" "when?" and they check the two side by side and you don't have a marriage or divorce shown on the K1 application you're going to be cold caught and it definitely will affect your application.

 

NEVER, EVER LIE on ANY Immigration document!

Hey, I didn't check married however there is a section that applies to common law relationship meaning that I was living with my spouse at the time of application. Which isn't a lie, I was living with my spouse but now have moved out and moved on.  My question was basically if the short time frame would indicate a red flag for the K1. Or what visas is best in my case.

[Pixiedeluna 0]

1 hour ago, geowrian said:

A K-1 is taking 7-9 months on average right now.

 

The most likely cause for inadmissibility for the B1/B2 visa was immigrant intent. That won't matter for a K-1 (which permits immigrant intent). If the refusal was for another cause of inadmissibility (i.e. a criminal history or something), then that would impact a K-1 in the same way.

 

Ex boyfriend or ex spouse? i.e. You were actually legally married to him at the time, right? If so, I don't think they will thin you're lying on the past form...the divorce decree should show the date of the divorce.

 

But the short relationship timeframe will likely raise scrutiny of the relationship. This is overcome with relationship evidence.

Ex boyfriend that is. I had declared to them that I was living with my boyfriend at the time of application. Which isn't a lie I was living with my now ex. I was asking if the time frame for the K-1 would raise a red flag 

[geowrian 22,337]

4 minutes ago, Pixiedeluna said:

Ex boyfriend that is. I had declared to them that I was living with my boyfriend at the time of application. Which isn't a lie I was living with my now ex. I was asking if the time frame for the K-1 would raise a red flag 

If you said boyfriend on the applications and in the interview, then there's no issue with them thinking you lied. The short timeframe, as explained, will raise scrutiny of the relationship.

 

Moving forward, I suggest being very clear and concise regarding marriage...the wrong wording of your past relationship status in front of a CO might end poorly.

[K&N2609 68]

2 hours ago, Pixiedeluna said:

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

 

He wants to apply for the K1 visa for me to come to the United States and get married.

 

or which option do you think will work best in our case? Do u think we should marry here in my home country then apply for a Immgrant visa? Or fiancé  visa? We were working with fiancé visa because it's takes like 6 months.

 

Do u think because of the time frame they will think I am lying??? 

 

I am scared that they will think I misrepresented the info on the form.

 

Please advise on the best route to take. 

 

AD

 

The short time frame between when you and your ex broke up and when you are puttung in the paperwork(assumming in oct) would probably be a red flag. I mean most people dont break up with their ex husband ( even common law) and plan to get married again in 3 months time. That is what the CO might think when doing the interview. It probably wouldn't have been a problem if you didnt try and get the b1/b2 because now they atleast have an immiragtion form with you saying you have been in another relationship very recently. IMHO maybe go the cr-1 route? Cause atleast when he goes over there to get married then you will have more facetime.