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marloush

Does B2 visa denial affect K1 visa application ?

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Hello everyone, 

 

My esta got denied after I traveled twice to the USA this year. So I was thinking about applying for a B2 visa to go in the USA in September for one month. As I'm still young and my work contract will be ending in July, I will have no proof to return back in France after my trip. With that said, I am afraid it gets denied. Plus, this trip would be more to visit my boyfriend that I have been dating since 5 months but I know him since 3 years. I will have enough money for one month and I will be living with him, he'll be my sponsor. He is a police officer. We plan to apply for a visa k1 next year,not now cause we still want to spend time together before starting the process so I was wondering if my b2 visa gets denied, would it affect my visa k1 application in the future?

Also, what would you suggest me for my b2 visa to be approved? Knowing that I still live with my family and I've always returned back to France after my trips, and those trips only lasted 1 and 2 weeks and there was no overstay in the USA for me

 

Thanks in advance for your help

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B2 visa denial has nothing to do with K1. During your K1 visa you will have to  provide a all new set of files and evidences to USCIS. 

 

I had my B2 visa denied once years ago and have also seen other VJ folks with the same situation. As for your B2 visa, that is a completely different story, gather all your proof that shows your ties to France, family, school etc and good luck.


8/14/17 --- AOS sent I-485, I-765, I-131

8/16/17 --- AOS Packet received Chicago USCIS Day 0

8/21/17  --- Received email & text notification 

8/23/17  --- Received hard copy of NOA  

9/01/17  --- Biometrics letter notice for I-485 & I-765 & I-131  

9/11/17  --- Biometrics Appointment Done

10/17/17 - Case Is Ready To Be Scheduled For An Interview

11/30/2017 - EAD/AP Approved
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12/05/2017 - Received Approval Notice in the Mail
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1/19/18  --- Interview Date 2/21

2/21/18  ---  Approved on the Spot

  • 1 hour after the interview received uscis mobile app alert
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2/26/18  --- Received hard copy of NOA for the Green Card

2/26/18  --- USCIS Mobile Status changed to "Card was mailed to me"

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Posted (edited)
13 minutes ago, marloush said:

Hello everyone, 

 

My esta got denied after I traveled twice to the USA this year. So I was thinking about applying for a B2 visa to go in the USA in September for one month. As I'm still young and my work contract will be ending in July, I will have no proof to return back in France after my trip. With that said, I am afraid it gets denied. Plus, this trip would be more to visit my boyfriend that I have been dating since 5 months but I know him since 3 years. I will have enough money for one month and I will be living with him, he'll be my sponsor. He is a police officer. We plan to apply for a visa k1 next year,not now cause we still want to spend time together before starting the process so I was wondering if my b2 visa gets denied, would it affect my visa k1 application in the future?

Also, what would you suggest me for my b2 visa to be approved? Knowing that I still live with my family and I've always returned back to France after my trips, and those trips only lasted 1 and 2 weeks and there was no overstay in the USA for me

 

Thanks in advance for your help

it doesn't really matter if he will be your sponsor or no. probably it would be bad for your B2 visa. as it shows that you have no strong ties to your home.

I would not apply for B2 immediately and wait for few months... gather all evidences that show strong ties to your homeland...

yet it is not guarantee your visa will be granted.

 

if your b2 visa gets denied, as long as you have enough evidences and fulfill all requirements, shouldn't affect your application k1

 

 

Edited by Christy&J

 

”The longer you wait for something,

the more you appreciate it,

because anything worth having

is definitely worth waiting for. “

 

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Posted (edited)

Why was your ESTA denied? It can’t just be because you traveled twice to the US. (Doesn't sound like you spent too much time there and you didn’t overstay, so this is puzzling. Did you try enter without a return ticket? Was it denied at the border when you tried to enter or online after an application?) ESTA denial doesn’t bode well for a B visa approval, where the burden of proof exists and you have already said you don’t really have any ties to show. Maybe your boyfriend should come visit you in France rather?

Edited by SusieQQQ

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Posted (edited)

 

First, a B2 denial will not have an affect of a K1. Many people have been successfully approved a K1 with previously denied B2's.

Second, there is no sponsorship of a tourist visa. You will have to apply on your own.

 

Nobody can advise you on anything that will guarantee a visa approval. You will have to show strong ties to France. You mentioned that since your work contract will end soon you won't have much to show a reason to return to France. Seems you understand what you are facing. The officer wants to be sure you are not going to use the B2 to go over and marry and adjust status in the US. 

 

For now, all you can do is apply and see.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Posted (edited)

A denial of a B-2 in itself is not an issue for a K-1. Typically people are denied a B-2 due to 214b (immigrant intent).

 

The exception would be if you were refused due to being inadmissible for some reason, in which that same inadmissibility applies to other visas. Although this would be the case even if you didn't apply for the B-2.

Or if you lie / present fake documents / whatever in the B-2 visa process (making you inadmissible for future visas). Obviously don't do this.

Edited by geowrian

Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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2 hours ago, SusieQQQ said:

Why was your ESTA denied? It can’t just be because you traveled twice to the US. (Doesn't sound like you spent too much time there and you didn’t overstay, so this is puzzling. Did you try enter without a return ticket? Was it denied at the border when you tried to enter or online after an application?) ESTA denial doesn’t bode well for a B visa approval, where the burden of proof exists and you have already said you don’t really have any ties to show. Maybe your boyfriend should come visit you in France rather?

Hi,

I don't know why it was denied, I only recieved a mail saying there has been an update to my ESTA application and now, I'm not allowed to travel to the US anymore. I never entered the US without a return ticket and I didn't overstay. I never had a problem entering the US. I really want to try this B visa because my boyfriend won"t have any vacation until march next year

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2 hours ago, NuestraUnion said:

 

First, a B2 denial will not have an affect of a K1. Many people have been successfully approved a K1 with previously denied B2's.

Second, there is no sponsorship of a tourist visa. You will have to apply on your own.

 

Nobody can advise you on anything that will guarantee a visa approval. You will have to show strong ties to France. You mentioned that since your work contract will end soon you won't have much to show a reason to return to France. Seems you understand what you are facing. The officer wants to be sure you are not going to use the B2 to go over and marry and adjust status in the US. 

 

For now, all you can do is apply and see.

Thanks for your answer, I know my chance to get this visa is below 1% but I still want to try it because I don't want to wait until next year to see my boyfriend in person....

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2 minutes ago, marloush said:

Hi,

I don't know why it was denied, I only recieved a mail saying there has been an update to my ESTA application and now, I'm not allowed to travel to the US anymore. I never entered the US without a return ticket and I didn't overstay. I never had a problem entering the US. I really want to try this B visa because my boyfriend won"t have any vacation until march next year

How long was the time between your trips? Did you return home to France inbetween? 

I'm presuming you didn't travel to any security risk countries or commit any crimes since you got your ESTA...?

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Just now, SusieQQQ said:

How long was the time between your trips? Did you return home to France inbetween? 

I'm presuming you didn't travel to any security risk countries or commit any crimes since you got your ESTA...?

I went there one week in january and 2 weeks in april. I went back home between those two trips. 

I did not travel to risk countries and commit any crime but having my ESTA denied for no reason makes me feel like I committed some crimes really...

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2 hours ago, T_P said:

B2 visa denial has nothing to do with K1. During your K1 visa you will have to  provide a all new set of files and evidences to USCIS. 

 

I had my B2 visa denied once years ago and have also seen other VJ folks with the same situation. As for your B2 visa, that is a completely different story, gather all your proof that shows your ties to France, family, school etc and good luck.

Thanks for your answer! 

Actually, I only have my family as a tie.. 

Do you think if I tell them I've always returned back to my home country when I traveled to the US, they will consider it?

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Just now, marloush said:

Thanks for your answer! 

Actually, I only have my family as a tie.. 

Do you think if I tell them I've always returned back to my home country when I traveled to the US, they will consider it?

You should only answer what they ask you. They are pretty straight forward with that and like someone said, mentioning that your boyfriend is sponsoring you in US shows ties to US and not to France. I would avoid that.


8/14/17 --- AOS sent I-485, I-765, I-131

8/16/17 --- AOS Packet received Chicago USCIS Day 0

8/21/17  --- Received email & text notification 

8/23/17  --- Received hard copy of NOA  

9/01/17  --- Biometrics letter notice for I-485 & I-765 & I-131  

9/11/17  --- Biometrics Appointment Done

10/17/17 - Case Is Ready To Be Scheduled For An Interview

11/30/2017 - EAD/AP Approved
12/01/2017 - Card in Production
12/05/2017 - Received Approval Notice in the Mail
12/06//2017 - Card Mailed (Priority Mail) to Me
12/07/2017 - Card Received 

1/19/18  --- Interview Date 2/21

2/21/18  ---  Approved on the Spot

  • 1 hour after the interview received uscis mobile app alert
  • Status changed from "Interview is scheduled" to "New Card Is Being Produced

2/26/18  --- Received hard copy of NOA for the Green Card

2/26/18  --- USCIS Mobile Status changed to "Card was mailed to me"

2/28/18 --- Permanent Resident/Green Card received :jest:

 

******

Travelling with Combo Card Feedback 

******

AOS Interview - Review and Tips

******

Brazil Instructions After i-129F Approval    and  Emails Sent by NVC and Brazilian Embassy after the i-129F approval

******

B2 Visa Experience / Mother-in-law financially challenged for visa

******

Please register for informed delivery if it is applicable in your region - USPS INFORMED DELIVERY

******

NVC - (603)-334-0700

USCIS - 800-375-5283

******

" Have you tried the search tool? K1 isnt an easy process and a LOT of reading is required to avoid problems (RFEs) etc, if you dont like reading, be prepared to spend WAY more time and couple more $$$ with an lawyer " 

 

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1 minute ago, T_P said:

You should only answer what they ask you. They are pretty straight forward with that and like someone said, mentioning that your boyfriend is sponsoring you in US shows ties to US and not to France. I would avoid that.

I know it is a bad idea to mention my boyfriend for this visa but they will ask me where I will stay and I will have to answer the truth, that I will be staying with him. I don't want to lie at all. It really scares me

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30 minutes ago, geowrian said:

A denial of a B-2 in itself is not an issue for a K-1. Typically people are denied a B-2 due to 214b (immigrant intent).

 

The exception would be if you were refused due to being inadmissible for some reason, in which that same inadmissibility applies to other visas. Although this would be the case even if you didn't apply for the B-2.

Or if you lie / present fake documents / whatever in the B-2 visa process (making you inadmissible for future visas). Obviously don't do this.

Thanks for your answer :) 

Of course, I won't lie and present fake documents.

Do you know what can prove that I have strong ties with my family? (I still live with my family)

I also pay my own bills.. don't know if that can be a tie..

 

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4 minutes ago, marloush said:

Thanks for your answer :) 

Of course, I won't lie and present fake documents.

Do you know what can prove that I have strong ties with my family? (I still live with my family)

I also pay my own bills.. don't know if that can be a tie..

They may ask about family, but really that's usually not considered a particularly strong tie. The biggest item in your favor is your passport - low fraud countries generally have good credibility.

Do you have a job? If so, a letter stating when you are due back can be produced.

If you are the primary caretaker for a family member, that may be something.

The CO may or may not look at any supporting evidence...generally the DS-160 contains what they need to make a decision, but it can help in borderline cases.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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