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cycswan

Question about Spousal visa (chance of approval)

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Me (US citizen) and my girlfriend from Peru plan on marrying in the Bahamas. She was denied a tourist and education visa because the embassy (recent time) said she had family in America that overstayed visa and never came back - that happening like a decade ago. Her apparent chances with her f1 visa was around 75% (according to 2015 stats), and I'm wondering what her chances would be in getting an approved spousal visa (k3) once we marry in the Bahamas? Is it guaranteed? Would the embassy in Peru deny her again? The advice would be appreciated. I most importantly want to know if we did all the paperwork correctly (including aos) if she'd be guaranteed a k3 by embassy in Peru?

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hi

 

she won't be denied based on the tourist visa denial. possible denials would be that you didn't prove that you have a bona fide marriage, or the affidavit of support wasn't enough, any huge criminal activity

 

but most likely the petition will be approved

 

 

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The denials won't be an issue on the CR1.  But when you fill out the DS-260 you will be asked to disclose them.

 

On a CR1 there is no AOS after entry.  Che will get her green card a few weeks after entry and fee payment.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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3 hours ago, Paul & Mary said:

The denials won't be an issue on the CR1.  But when you fill out the DS-260 you will be asked to disclose them.

 

On a CR1 there is no AOS after entry.  Che will get her green card a few weeks after entry and fee payment.

Thank you. My gf says the embassy in peru told her she can't reapply for a visa (of any kind) until 6 months: is this true or false? If it's false, why do you think they'd tell her that? Do embassies in different countries have different rules?

Edited by cycswan

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2 hours ago, cycswan said:

 

Thank you. My gf says the embassy in peru told her she can't reapply for a visa (of any kind) until 6 months: is this true or false? If it's false, why do you think they'd tell her that? Do embassies in different countries have different rules?

Not sure if that is true, but given that you are not yet married and have not filed for a spousal visa, the processing time of the I130 before she files the DS260 will be more than six months, so she should be fine.

 

Good Luck!


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4 hours ago, cycswan said:

 

Thank you. My gf says the embassy in peru told her she can't reapply for a visa (of any kind) until 6 months: is this true or false? If it's false, why do you think they'd tell her that? Do embassies in different countries have different rules?

Her reapplying for a visa and you submitting a petition are two very different things.  You can submit the petition anytime.  That is an immigrant petition.  Her applying for visas is for non-immigrant.  Either way, she will not actually apply for the CR visa for probably 6 to 10 months anyway.  Just get the petition filed ASAP.

 

The tourist or work denials will have no impact.  Either will family members overstaying.

Edited by John & Rose

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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4 hours ago, cycswan said:

If it's false, why do you think they'd tell her that?

If they thought she was going to apply as a DCF, direct consular filling, she would need 6 months of legal residence in Peru in order to apply.   If she isn't moving to Peru then she can apply anytime.   

 

She doesn't have to file the sponorship papers for probably 6 months or more.

 

She can go ahead and file the I130/I130A anytime.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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14 hours ago, cycswan said:

Me (US citizen) and my girlfriend from Peru plan on marrying in the Bahamas. She was denied a tourist and education visa because the embassy (recent time) said she had family in America that overstayed visa and never came back - that happening like a decade ago. Her apparent chances with her f1 visa was around 75% (according to 2015 stats), and I'm wondering what her chances would be in getting an approved spousal visa (k3) once we marry in the Bahamas? Is it guaranteed? Would the embassy in Peru deny her again? The advice would be appreciated. I most importantly want to know if we did all the paperwork correctly (including aos) if she'd be guaranteed a k3 by embassy in Peru?

Just FYI:  it is not a chance-based process, and there are never any guarantees for US visas.   As others have mentioned, she won’t be applying for a CR-1 visa until 8-12 months after the petition is filed, so no worries there.

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14 hours ago, cycswan said:

Me (US citizen) and my girlfriend from Peru plan on marrying in the Bahamas. She was denied a tourist and education visa because the embassy (recent time) said she had family in America that overstayed visa and never came back - that happening like a decade ago. Her apparent chances with her f1 visa was around 75% (according to 2015 stats), and I'm wondering what her chances would be in getting an approved spousal visa (k3) once we marry in the Bahamas? Is it guaranteed? Would the embassy in Peru deny her again? The advice would be appreciated. I most importantly want to know if we did all the paperwork correctly (including aos) if she'd be guaranteed a k3 by embassy in Peru?

You do know there are only two things guaranteed in life, right?  A visa IS NOT ONE OF THEM.

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