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emrid364

Are 2 previous F1 visa denials going to affect our K1 application?

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Hi all,

 

I am a UK citizen and I visited the US on a J1 visa for 3 summers as a camp counsellor 2014, 2015, 2016. I met my US citizen boyfriend whilst working there, and we have been dating since that summer of 2016. I then got another J1 visa to be an au pair from March 2017, where I did 18 months au pairing in my boyfriend's city. I wanted to study in the US at a school in the same city that had a really great nursing program and also wanted to be close to my boyfriend, but we were not ready to get married so the student visa was a great option as I could study and would give us time together. I applied for change of status from J1 (au pair) to F1 (student) and was approved and I started nursing school in the fall of 2018. My boyfriend and I then left the US over Christmas 2018 to visit my family and I went to the embassy to get my F1 visa stamp, however was refused under 214(b), lack of home ties. I couldn't believe it as I had already started school and had been working really hard to keep my good grades. So I applied again a couple of weeks later and brought with me as much documentation as I could showing ties to the UK but the consular officer didn't even want to see it and denied me again. I was not asked about my boyfriend during these interviews nor did I mention him.

 

So fast forward to now, my boyfriend and I are depressed without each other and have decided to start the K1 visa process. I will still be wanting to go to school eventually once I have my green card but right now it is more important to us for me to be over there with him. We have lots and lots of evidence of our relationship, vacations, family photos, emails, cards, etc, however we are worried that my prior F1 denials will be an issue seeing as we were dating when I applied for the F1, even though we were not engaged at that point and have only decided so since the F1 denial.

 

Should we wait a little time to apply for the K1? How long? I have read people who applied as little as 8 weeks after and have had success but paired with my approved J1 visas I just wanted to know if anyone had been in a similar situation and had success.

I just saw him over Christmas but have not seen him since my second denial a couple of weeks ago, should we meet again before applying for the K1 to show that we genuinely thought about it and that he 'proposed' in person? Or does it not matter?

Can I still say that I want to study when I'm over there with him? I don't have a degree from the UK and if they ask me where I plan to work in the US is it ok if I say that I plan to study?

 

Thankyou for any advice! We are newbies to this and appreciate all the help we can get!

E&K

 

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Your F-1 denials for lack of ties to the UK wouldn't be an issue, but if you are subject to the two year J-1 home residency requirement then that would prevent you from obtaining a K-1 until you have two years of documented presence in the UK or a waiver of the HRR. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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No issue applying for a K-1 with a 214(b) refusal. K-1 explicitly permits immigrant intent, so 214(b) does not apply for that. No need to wait.

Having a US fiance is a strong tie to the US, so the CO likely felt you were likely to stay in the US instead of completing a fiance or spousal visa process abroad.

1 minute ago, Hypnos said:

Your F-1 denials for lack of ties to the UK wouldn't be an issue, but if you are subject to the two year J-1 home residency requirement then that would prevent you from obtaining a K-1 until you have two years of documented presence in the UK or a waiver of the HRR. 

True, although Au pairs wouldn't fall under the 2YHRR.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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1 minute ago, Hypnos said:

Your F-1 denials for lack of ties to the UK wouldn't be an issue, but if you are subject to the two year J-1 home residency requirement then that would prevent you from obtaining a K-1 until you have two years of documented presence in the UK or a waiver of the HRR. 

Forgot to mention I was not subject to the 2 year home residency requirement on any of my J-1 visas!

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No impact at all.

 


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

January 22, 2019 -  NOA-2 (Rose)

January 23, 2019 -  NOA-2 (AJ)

January 23, 2019 -  NOA-2 (Aira)

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

IMG_6043.jpeg.f00e0714733e6533148a7bb56d286460.jpeg

 

 

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19 minutes ago, C90 said:

You mean just UK or in general? Cause I was an au pair and I had the 2 year rule (I'm from the Netherlands)

I was under the impression it was a general thing. The 2YHRR is only when there is government funding involved or specific skills involved.

https://www.avvo.com/legal-answers/j-1-au-pair-with-the-2-year-rule--what-are-my-opti-253295.html

 

Sounds like there are some limited circumstances where an au pair can fall under the above:

https://hensonpachuta.com/au-pairs-and-the-j-1-home-residency-requirement

 

Thanks.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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