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Worriedmum

Previous Visa Denials effect on K1 Visa application

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My daughter has been with her US fiance for nearly 2 years. First 18 months he was stationed in UK then stationed back in US since March. She applied for a 6 month visitors visa back in November so she could go over and meet his family and pick out their new home with him but was denied due to lack of financial ties to the UK and therefore a treat of overstay or no return. They suggested at the embassy she should have either applied for an simple ESTA or a K1 Visa. They weren’t ready to get married so quickly so she applied for the ESTA - it was denied. They realised that K1 was the sensible way to go and started the process. 

They then read on the Internet that although the Airport entry was denied it was possible to apply for a 3 month visitors visa in person at the Canadian land border to the US so whilst waiting for the K1 visa to go through they’d travel by land to go and do all the house hunting for a couple of weeks. At the border they were told that although the Border Agent believed their intentions were honest the visa would be denied and gave them the option to withdraw their request for the visa request which they did and therefore it would not be considered an entry denial. 

She has her embassy interview this week and is terrified they will deny the K1 because of the previous denials. Her fiance comes over to see her every 4 weeks but can not afford to do this forever and she would not be able to go to visit him!  This would be devastating for both of them so I’m just trying to see if anyone else has had visit visa denials and how it has affected their K1 visa approval

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She should’ve gone for the esta in the first place. After the first denial the other ones were almost certainly coming anyway. 

They believed she has immigration intent so getting the k1 is the right way to go. They won’t deny her because she had a tourist visa and esta or land entry denials. 

If there are no other problems, she should be good


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Hindsight is 20/20 vision isn’t it! Lol. She applied for the longer visa as she was not in employment and had no reason not to go over and stay there with him setting up their home. We were going finance her stay so didn’t think it would be a problem. Obviously we were all naive when it came to Visas then.

 

thanks for your reply xx

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55 minutes ago, Worriedmum said:

My daughter has been with her US fiance for nearly 2 years. First 18 months he was stationed in UK then stationed back in US since March. She applied for a 6 month visitors visa back in November so she could go over and meet his family and pick out their new home with him but was denied due to lack of financial ties to the UK and therefore a treat of overstay or no return. They suggested at the embassy she should have either applied for an simple ESTA or a K1 Visa. They weren’t ready to get married so quickly so she applied for the ESTA - it was denied. They realised that K1 was the sensible way to go and started the process. 

They then read on the Internet that although the Airport entry was denied it was possible to apply for a 3 month visitors visa in person at the Canadian land border to the US so whilst waiting for the K1 visa to go through they’d travel by land to go and do all the house hunting for a couple of weeks. At the border they were told that although the Border Agent believed their intentions were honest the visa would be denied and gave them the option to withdraw their request for the visa request which they did and therefore it would not be considered an entry denial. 

She has her embassy interview this week and is terrified they will deny the K1 because of the previous denials. Her fiance comes over to see her every 4 weeks but can not afford to do this forever and she would not be able to go to visit him!  This would be devastating for both of them so I’m just trying to see if anyone else has had visit visa denials and how it has affected their K1 visa approval

Previous denials due to immigrant intent will have no negative affect on a K-1 visa....good luck.


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50 minutes ago, missileman said:

Previous denials due to immigrant intent will have no negative affect on a K-1 visa....good luck.

but she was denied a tourist visa, so will she be allowed to enter the US from Canada?

if people could do this,  why wouldn't they all go to Canada and come across the border

not a good idea as she could be turned away there

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As others have said, the previous issues won't affect a k1, as the whole point of the k1 is that you are intending to live in the USA.
 

The frequent visits to UK by her fiance, and her attempts to get a visa to the US just prove how genuine the relationship is, so if anything they'd help. Its rare that Brits get any issues, especially in the absence of any red flags (eg large age difference, previous k1s that were abandoned etc)

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3 hours ago, kris&me said:

but she was denied a tourist visa, so will she be allowed to enter the US from Canada?

if people could do this,  why wouldn't they all go to Canada and come across the border

not a good idea as she could be turned away there

As I say we were Visa naive and believed what we found on the internet. We were told that Border guards had the power to allow people through to the US using a land entry visa. What we were not told was that a previously denied visa would give an automatic refusal. A very expensive mistake but a genuine one and the actions of two young people very much in love and just wanting to go over for a couple of weeks to look for their house together.  :(

 

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5 hours ago, Eric-Pris said:

non-immigrant denials have no effect on K-1

Not really true. The only time they have an effect on a immigrant visa is if the person lied during the previous interviews and it is found it. The most common one for K1's is that the beneficiary claimed that he/she was married before in hope for a better chance at a visa when in reality they were never married 

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48 minutes ago, Cyberfx1024 said:

Not really true. The only time they have an effect on a immigrant visa is if the person lied during the previous interviews and it is found it. The most common one for K1's is that the beneficiary claimed that he/she was married before in hope for a better chance at a visa when in reality they were never married 

So that’s not pertinent as she was always truthful about their situation and so has her Fiance

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6 minutes ago, Worriedmum said:

So that’s not pertinent as she was always truthful about their situation and so has her Fiance

That's good then and those visa denials will not affect her to get the K1 visa. My wife was previously denied for a tourist visa and she had no issues in getting the K1 visa at all. 

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14 hours ago, Worriedmum said:

 Her fiance comes over to see her every 4 weeks but can not afford to do this forever and she would not be able to go to visit him!  This would be devastating for both of them 

They will survive. My husband has a lifetime ban from the U.K. due a conviction back in the 1990s so I had to do all the traveling. How I wished we could have seen each other as often as every 4 weeks! That’s a paradise and a dream for most of us going through this. I can assure you I don’t love my husband any less than your daughter loves her boyfriend and we survived longer gaps apart. No one has died from being apart. The sooner they start the process, the sooner the process is over. 

Edited by JFH

 

 

 

 

 

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Don’t worry.

I applied for an Esta and then tourist visa and both got denied. 

It didn’t affect my spousal visa at all, just make sure that if they ask anything to your daughter on the day of interview, especially about previous visa applications she responds truthfully 

good luck

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9 hours ago, JFH said:

The sooner they start the process, the sooner the process is over. 

Hiya. Not sure you read my post all the way through  - I know it was a bit of a long one!!  Lol. But they have been in the process since December and are now at interview stage. I’ve had a lot of helpful replies about the question of whether previous denials would effect a fiancée denial so they have put ours minds at rest. We are very grateful to have found this forum

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