denied tourist visa, will it affect spousal visa process? (split topic)

[Henry&Olga 60]

Hello hopefully someone here can help me out! I met my wife June 3rd 2014 and married January 21st 2017... applied for CR1 and our PD is March 27th, so far its been 211 days and no NOA2 i have called USCIS spoke to Tier 2 officer and was just told to wait that it takes 9 months etc. Someone recently mentioned to me that if she had applied before for a tourist visa and it was denied that my case would most likely be sent to Background check and thats why my case has not been approved yet and many other march filers cases have been, and a lot of april filers too. SO my question is my wife applied for a tourist visa before we got married and was denied because she did not have a job and enough money to support the trip, the officer asked how she would be paying and she said she had family here who would help her out. Either way it was denied so would that affect our i130 process? sorry if its the wrong thread, I'm desperate! 

[Ryan H 3,900]

***Post split into separate thread.***

 

**Moderator hat off**

 

A denied tourist visa in of itself will not adversely affect the outcome of the spousal visa process.

[Cyberfx1024 7,980]

29 minutes ago, Henry&Olga said:

Hello hopefully someone here can help me out! I met my wife June 3rd 2014 and married January 21st 2017... applied for CR1 and our PD is March 27th, so far its been 211 days and no NOA2 i have called USCIS spoke to Tier 2 officer and was just told to wait that it takes 9 months etc. Someone recently mentioned to me that if she had applied before for a tourist visa and it was denied that my case would most likely be sent to Background check and thats why my case has not been approved yet and many other march filers cases have been, and a lot of april filers too. SO my question is my wife applied for a tourist visa before we got married and was denied because she did not have a job and enough money to support the trip, the officer asked how she would be paying and she said she had family here who would help her out. Either way it was denied so would that affect our i130 process? sorry if its the wrong thread, I'm desperate! 

No, it will not affect the process at all as long as she did not lie at any time during the tourist visa process. My wife applied for a tourist visa when we were engaged and was ultimately denied, six months later we filed for the K1 visa and there was no issue at all. So as long as she was truthful then there is no issue so don't worry. It is very common on here where a spouse or significant other is denied for a tourist visa and then gets approved for a K1 or CR1 visa. 

[Henry&Olga 60]

8 minutes ago, cyberfx1024 said:

No, it will not affect the process at all as long as she did not lie at any time during the tourist visa process. My wife applied for a tourist visa when we were engaged and was ultimately denied, six months later we filed for the K1 visa and there was no issue at all. So as long as she was truthful then there is no issue so don't worry. It is very common on here where a spouse or significant other is denied for a tourist visa and then gets approved for a K1 or CR1 visa. 

Thanks for answering, 

lie about what exactly? I mean before we got married we just thought hey let's try and if we get denied well we will apply after we're married. And she pretty much just went and said that she wanted to visit her family, that she just had graduated from University in our home country which she just had, but then they asked about how she would pay for the fare and everything else since she didnt work and then she was denied. 

 

Edit: i dont think she ever mentioned that i lived in the US nor did they ask? does that matter since a couple of months after we got married and applied for CR1?

Edited October 25, 2017 by Henry&Olga

[Ryan H 3,900]

6 minutes ago, Henry&Olga said:

Edit: i dont think she ever mentioned that i lived in the US nor did they ask? does that matter since a couple of months after we got married and applied for CR1?

 

If they didn't ask, then it's not a problem; if they did ask a specific question about you, your relationship, etc. and she did not disclose the information being asked for, then it would be problem.

[Cyberfx1024 7,980]

10 minutes ago, Henry&Olga said:

Thanks for answering, 

lie about what exactly? I mean before we got married we just thought hey let's try and if we get denied well we will apply after we're married. And she pretty much just went and said that she wanted to visit her family, that she just had graduated from University in our home country which she just had, but then they asked about how she would pay for the fare and everything else since she didnt work and then she was denied. 

That's the same way my wife and I thought like "hey let's do a tourist visa so she can meet my family before we file" well she ended up getting denied and she had to meet my family when I brought her here on a K1. 

 

But like lying about stupid stuff like the question of who will pay for your trip here, do you have family here in the USA, or some people try to say that they have a spouse and children. Some people do this because they get the bad advice that this will help them secure a tourist visa and this happens alot honestly. 

 

So when that person tries to go for a fiance or marriage visa and say "they don't have kids and/or never married". The CO will automatically think of this as a red flag and say that he/she misrepresented them-self and thus is banned indefinitely. 

Edited October 25, 2017 by cyberfx1024

[Henry&Olga 60]

1 minute ago, Ryan H said:

 

If they didn't ask, then it's not a problem; if they did ask a specific question about you, your relationship, etc. and she did not disclose the information being asked for, then it would be problem.

Yea no they did not ask and she did not say anything about it either. Its been 211 days man.. im desperate to at least get approved..

[Cyberfx1024 7,980]

Just now, Henry&Olga said:

Yea no they did not ask and she did not say anything about it either. Its been 211 days man.. im desperate to at least get approved..

Then you are good to go then.

[Henry&Olga 60]

1 minute ago, cyberfx1024 said:

Then you are good to go then.

Yea i guess im a little paranoid because of how long this is taking and i spoke to a Tier 2 officer two weeks ago and he just said to wait that it had not been processed yet. But regarding her tourist visa she was just asked how she would pay and she said that her family would help and her savings that she had from an account that her father left her when he passed away but either way was denied. But nothing about being married or children or even a relationship was said/asked. Thanks for your help though! it definitely helps!

[Cyberfx1024 7,980]

4 minutes ago, Henry&Olga said:

Yea i guess im a little paranoid because of how long this is taking and i spoke to a Tier 2 officer two weeks ago and he just said to wait that it had not been processed yet. But regarding her tourist visa she was just asked how she would pay and she said that her family would help and her savings that she had from an account that her father left her when he passed away but either way was denied. But nothing about being married or children or even a relationship was said/asked. Thanks for your help though! it definitely helps!

Well that's good that it wasn't asked honestly. Don't worry because you still have time and I understand how it is so stressful because I have been in your shoes before. Just be glad because you are doing the CR1 visa which means that your wife will have a green card when she arrives here in the USA and you don't have to do AOS when she first gets to the USA. 

Edited October 25, 2017 by cyberfx1024

[Henry&Olga 60]

46 minutes ago, cyberfx1024 said:

Well that's good that it wasn't asked honestly. Don't worry because you still have time and I understand how it is so stressful because I have been in your shoes before. Just be glad because you are doing the CR1 visa which means that your wife will have a green card when she arrives here in the USA and you don't have to do AOS when she first gets to the USA. 

I thought it was the other way around? Since our marriage is less than two years she would enter the US with CR but we have to then apply to remove the conditions? If im wrong can you elaborate on what the exact difference would be for me that ive been married less than two years? i thought an IR-1 visa was better than CR1

Edited October 25, 2017 by Henry&Olga

[Cyberfx1024 7,980]

Just now, Henry&Olga said:

I thought it was the other way around? Since our marriage is less than two years she would enter the US with CR but we have to then apply to remove the conditions? If im wrong can you elaborate on what the exact difference would be for me that ive been married less than two years? 

You are right on that about having to Remove Conditions after 2 years. What I was referring to was if you brought your wife here as fiance and then got married, then after that have to file for and pay for the AOS. If I had to do it over again I would have gone that route instead of the K1 route. 

 

I apologize about confusing you. 

[Henry&Olga 60]

1 minute ago, cyberfx1024 said:

You are right on that about having to Remove Conditions after 2 years. What I was referring to was if you brought your wife here as fiance and then got married, then after that have to file for and pay for the AOS. If I had to do it over again I would have gone that route instead of the K1 route. 

 

I apologize about confusing you. 

Ah I understand! and once she gets here she automatically would receive the green card and ssn or do we have to apply for that also? and after the 2 years we remove conditions to what? permanent resident then citizenship? Its a confusing process im sorry for all the questions and thanks again for your help.

[Cyberfx1024 7,980]

Just now, Henry&Olga said:

Ah I understand! and once she gets here she automatically would receive the green card and ssn or do we have to apply for that also? and after the 2 years we remove conditions to what? permanent resident then citizenship? Its a confusing process im sorry for all the questions and thanks again for your help.

They have changed that process now and you will receive the SSN in the paperwork she will receive after being approved at the embassy. Once she is approved at the embassy and receives the paperwork back from the embassy, you will have to pay the visa fee either before or after she arrives here in the USA. Once you pay the visa fee it should arrive within 4-6 weeks, so a fair number of people pay for it before the spouse arrives in the country so that they receive it ASAP. 

[Henry&Olga 60]

10 minutes ago, cyberfx1024 said:

They have changed that process now and you will receive the SSN in the paperwork she will receive after being approved at the embassy. Once she is approved at the embassy and receives the paperwork back from the embassy, you will have to pay the visa fee either before or after she arrives here in the USA. Once you pay the visa fee it should arrive within 4-6 weeks, so a fair number of people pay for it before the spouse arrives in the country so that they receive it ASAP. 

Understood! Thanks a million!