Question about Spousal visa (chance of approval)

[cycswan 2]

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?

[cycswan 2]

Important ---> Sorry, I didn't mean k3 but ir1/cr1

[aleful 1,905]

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

 

 

[Just Paul 4,595]

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.

[cycswan 2]

 

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 January 31, 2019 by cycswan

[Dashinka 24,591]

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!

[John & Rose 7,239]

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 January 31, 2019 by John & Rose

[Just Paul 4,595]

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.

[SalishSea 17,926]

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.

[David & Diana R 1,005]

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.

[accumbyte 149]

7 hours ago, Paul & Mary said:

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...

OP's GF is the potential immigrant; OP is the US citizen