Applying for K1 visa after F1 visa danial

[Shawn_1990 1]

Me and my girlfriend have been dating for more than 7 years now. We both have been together in US for around 6 1/2 years. I was on F1 student visa and She is a US citizen. We had our life planned and nothing was stopping us from being together. I am currently enrolled in a university and pursuing my masters degree. My girlfriend lives with me and has a full time job as well.

 

Last December I came home (Sri Lanka) for vacation and had to renew my student visa because my previous visa was expired. I was rejected F1 visa twice for very unfair reasons and given the 214g form. I was told by many people I might be stuck here for a while with the current immigration situation in US. They are rejecting almost all the F1 visas in my country. 

 

So the only way to be back with my girlfriend soon and to continue my studies is the K1 visa. We have lot of evidence to prove our relationship is legitimate but we have not had an engagement.

 

Do we really need to have an engagement before applying for K1 visa?   

 

What effects will have my F1 visa rejections towards the K1 visa?

[aaron2020 11,651]

Agreeing to marry is an engagement.  

 

The F1 denials should have zero impact on the K1.

[D.Ba 85]

"Engagement" is not in that sense a legal term, but you actually have to write a letter stating you intend to marry that person. That is kind of an engagement in itself. Nobody much cares about rings, parties, and such.

[Olichka 186]

1 minute ago, Shawn_1990 said:

Me and my girlfriend have been dating for more than 7 years now. We both have been together in US for around 6 1/2 years. I was on F1 student visa and She is a US citizen. We had our life planned and nothing was stopping us from being together. I am currently enrolled in a university and pursuing my masters degree. My girlfriend lives with me and has a full time job as well.

 

Last December I came home (Sri Lanka) for vacation and had to renew my student visa because my previous visa was expired. I was rejected F1 visa twice for very unfair reasons and given the 214g form. I was told by many people I might be stuck here for a while with the current immigration situation in US. They are rejecting almost all the F1 visas in my country. 

 

So the only way to be back with my girlfriend soon and to continue my studies is the K1 visa. We have lot of evidence to prove our relationship is legitimate but we have not had an engagement.

 

Do we really need to have an engagement before applying for K1 visa?   

 

What effects will have my F1 visa rejections towards the K1 visa?

I'm not sure how the F1 will affect the K-1 visa, but you do not need to be engaged ( don't need any engagement party or anything like that) to apply for the K-1 but you need to have intentions to get married. You both will have to provide a letter stating that you are willing to marry within 90 days after you arrive here.

[Shiran 1,134]

2 hours ago, Shawn_1990 said:

What effects will have my F1 visa rejections towards the K1 visa?

F1 should not directly affect K1 unless "unfair reason" is something that makes you globally inadmissible. If you are worried about making stronger case, getting married and then apply for CR1 might be a better option. 

[Shawn_1990 1]

8 hours ago, Shiran said:

F1 should not directly affect K1 unless "unfair reason" is something that makes you globally inadmissible. If you are worried about making stronger case, getting married and then apply for CR1 might be a better option. 

unfair reason is completing my OPT/STEM for 3 years which I was given legally and staying for more than 6 years in US without trying to finish my education. I have not violated any laws during my stay in US.

[geowrian 22,335]

1 hour ago, Shawn_1990 said:

unfair reason is completing my OPT/STEM for 3 years which I was given legally and staying for more than 6 years in US without trying to finish my education. I have not violated any laws during my stay in US.

Violation of a law is different than qualification for an immigration benefit. Being eligible in the past does not automatically make somebody eligible for a new visa (or else what would be the purpose of having to apply?).

 

You mentioned a 214g...? Did you mean refusal under INA 214b? That seems to be the one that is most likely to apply. Or was it a 221(g) for AP?

Edited January 17, 2019 by geowrian

[carmel34 3,531]

214g denial for the F1 means that the CO concluded that you have immigration intent while applying for a non-immigrant (F1) visa, most likely because of your relationship with your girlfriend in the US.  Your only option now will be to apply for a K1 (10 months to a year wait) or get married in your home country and apply for a CR1 (12 to 14 months).  The F1 denial will have no bearing on your immigrant visa applications, whichever one you choose.  Most recommend CR1 these days as it is only taking two or three months longer to get than the K1 and you can work immediately once you arrive in the US, and the K1 requires AOS/EAD/AP after arrival so that means you can't work at all for around five months after arrival.  If you are serious about getting married I would suggest CR1.

[Shawn_1990 1]

12 hours ago, geowrian said:

Violation of a law is different than qualification for an immigration benefit. Being eligible in the past does not automatically make somebody eligible for a new visa (or else what would be the purpose of having to apply?).

 

You mentioned a 214g...? Did you mean refusal under INA 214b? That seems to be the one that is most likely to apply. Or was it a 221(g) for AP?

Sorry it is INA 214b indeed. 

[geowrian 22,335]

1 hour ago, carmel34 said:

214g denial for the F1 means that the CO concluded that you have immigration intent while applying for a non-immigrant (F1) visa, most likely because of your relationship with your girlfriend in the US.

214(g) doesn't exist. That provision you noted is 214(b).

 

9 minutes ago, Shawn_1990 said:

Sorry it is INA 214b indeed. 

Gotcha, thanks!

 

Yeah, they believe you are now likely to stay in the US to complete the immigration process via AOS, instead of getting a K-1 visa abroad.

 

Edit: On the plus side, a refusal under 214(b) is not an issue for a K-1 in any way. A K-1 explicitly permits immigrant intent.

Edited January 18, 2019 by geowrian