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Impact of F-1 rejection on K-1?

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I would appreciate any advice you guys might have regarding my fiance’s upcoming K-1 embassy interview.  Specifically, she applied for an F-1 visa and was rejected about three months before we submitted our K-1 application.  We’re wondering what impact this might have on the outcome of our petition and what might come up in the interview.

 

The objective for the F-1 visa was for her to study English for several months while she lived with me.  She’s serious about improving her English (and plans to enroll in the same program after she immigrates) and we wanted to see what it was like living together for an extended period of time as we had gotten more serious.

 

After the F-1 visa rejection, we decided to commit and apply for the K-1 visa.  Fortunately, there were no major hiccups and the next step is her embassy interview.

 

Naturally, she’s concerned about the prior F-1 rejection.  If asked, our plan is just to be honest:  she wanted to study English and get more comfortable with living with me.

 

My understanding is that theoretically, the F-1 rejection should not affect our K-1 petition – the goal now is to prove we’re in a genuine relationship, and we think we have a really strong case there.  However, we think the primary risk would be if they suspected she was using the F-1 to circumvent the K-1 process, causing the interviewer to question her credibility.  In addition, they might see her as trying to get into the U.S. by any means possible (therefore F-1 followed by K-1) – but this shouldn’t be an issue with convincing evidence, right?

 

I guess our questions boil down to:

  1. How might the F-1 visa rejection affect the K-1 visa petition process?
  2. What is the best response if the F-1 rejection is brought up?  (We think honesty is the best policy, and the reason for rejection may have been lack of ties to her home country.  When she applied, we had not decided to get engaged yet.)
  3. Is there anything she should not say?

 

Again, really appreciate any advice or color on our situation.  Thanks!

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You always answer everything truthfully.

 

A F1 rejection will not impact a K1 unless fraud or misrepresentation was involved.


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 minutes ago, Paul & Mary said:

You always answer everything truthfully.

 

A F1 rejection will not impact a K1 unless fraud or misrepresentation was involved.

Agreed.  

 

It is natural to be stressed about it, but she just needs to be honest (which it looks like she plans on doing that anyway).

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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