Previous Visa Denials?

[mogiftney 144]

Hello! I am in need of some serious help. So, my partner and I have been in a relationship for nearly a year and a half, and we really want to marry. She is a UK citizen and I am a US citizen. However, my partner has been denied a B-2 visa because she lacked sufficient funds in December 2018, and was denied a student visa yesterday because the embassy said she was probably only studying in my country to be with me, and not to bother coming back to reapply. Being with me was a part of her studies, but she was super excited to be studying at that college and to be in the area as well, and we proved sufficient funds. I am nervous now, because we have been wanting to marry for a while, but didn’t think they would take us seriously as we hadn’t been together for over two years. But now we just want to be with each other. This is tearing us apart. So, will she be able to have decent odds of receiving a K1 visa with these two very recent visa denials if they’re not the same class? Also, if I will be using a joint sponsor (my mother) to prove sufficient funds for marriage? I am currently unemployed and do not file tax returns. It says this is an option online, but I don’t know how much these things combined would mess with our case. How long should I wait after this last visa denial to propose to my partner? Do I need to record it? She wants a private proposal, but I suppose I can record that if we need to. I have many pictures and documents to support the fact that we are in a serious relationship. 

[payxibka 10,044]

Just now, mogiftney said:

Hello! I am in need of some serious help. So, my partner and I have been in a relationship for nearly a year and a half, and we really want to marry. She is a UK citizen and I am a US citizen. However, my partner has been denied a B-2 visa because she lacked sufficient funds in December 2018, and was denied a student visa yesterday because the embassy said she was probably only studying in my country to be with me, and not to bother coming back to reapply. Being with me was a part of her studies, but she was super excited to be studying at that college and to be in the area as well, and we proved sufficient funds. I am nervous now, because we have been wanting to marry for a while, but didn’t think they would take us seriously as we hadn’t been together for over two years. But now we just want to be with each other. This is tearing us apart. So, will she be able to have decent odds of receiving a K1 visa with these two very recent visa denials if they’re not the same class? Also, if I will be using a joint sponsor (my mother) to prove sufficient funds for marriage? I am currently unemployed and do not file tax returns. It says this is an option online, but I don’t know how much these things combined would mess with our case. How long should I wait after this last visa denial to propose to my partner? Do I need to record it? She wants a private proposal, but I suppose I can record that if we need to. I have many pictures and documents to support the fact that we are in a serious relationship. 

K1 is a more appropriate Visa, prior denials for reasons described will have no impact 

[mogiftney 144]

Just now, payxibka said:

K1 is a more appropriate Visa, prior denials for reasons described will have no impact 

That’s great news. And if we got engaged really close to this past denial, would that look suspicious? Like I’m just trying to get her to America? I don’t know what to be careful for here.

[payxibka 10,044]

3 minutes ago, mogiftney said:

That’s great news. And if we got engaged really close to this past denial, would that look suspicious? Like I’m just trying to get her to America? I don’t know what to be careful for here.

Considering its London,  no. 

[Boiler 43,434]

This is not a quick process so you have time to get a job, sort out your affairs.

[geowrian 22,335]

The past refusals for insufficient ties to return home won’t impact a K-1 since that has no such requirement. They think you want to marry and stay in the US. It sounds like they are right. Get the appropriate visa to do so and there shouldn’t be a problem.

[mogiftney 144]

11 minutes ago, Boiler said:

This is not a quick process so you have time to get a job, sort out your affairs.

I can’t work as I am disabled

[Roel 7,191]

3 minutes ago, mogiftney said:

I can’t work as I am disabled

Then make sure you have a joint sponsor.

But if you can't work how are you planning on supporting your fiance once she arrives to the US? She will NOT be allowed to work for months. AOS fee is also pretty big.

[mniceguy16 184]

29 minutes ago, mogiftney said:

Hello! I am in need of some serious help. So, my partner and I have been in a relationship for nearly a year and a half, and we really want to marry. She is a UK citizen and I am a US citizen. However, my partner has been denied a B-2 visa because she lacked sufficient funds in December 2018, and was denied a student visa yesterday because the embassy said she was probably only studying in my country to be with me, and not to bother coming back to reapply. Being with me was a part of her studies, but she was super excited to be studying at that college and to be in the area as well, and we proved sufficient funds. I am nervous now, because we have been wanting to marry for a while, but didn’t think they would take us seriously as we hadn’t been together for over two years. But now we just want to be with each other. This is tearing us apart. So, will she be able to have decent odds of receiving a K1 visa with these two very recent visa denials if they’re not the same class? Also, if I will be using a joint sponsor (my mother) to prove sufficient funds for marriage? I am currently unemployed and do not file tax returns. It says this is an option online, but I don’t know how much these things combined would mess with our case. How long should I wait after this last visa denial to propose to my partner? Do I need to record it? She wants a private proposal, but I suppose I can record that if we need to. I have many pictures and documents to support the fact that we are in a serious relationship. 

If you are recording your engagement, its just gonna be a "souvenir" for your fiancée and you. Uscis and embassy do not accept any form of electronic device be it usb or cd.

[mogiftney 144]

1 minute ago, Roel said:

Then make sure you have a joint sponsor.

But if you can't work how are you planning on supporting your fiance once she arrives to the US? She will NOT be allowed to work for months. AOS fee is also pretty big.

I don’t mean to sound snobby or anything, promise, I have a wealthy family that I love and appreciate very much that supports me and gives me a hefty allowance. My mother is behind me financially and helps me with rent.

[mogiftney 144]

2 minutes ago, mniceguy16 said:

If you are recording your engagement, its just gonna be a "souvenir" for your fiancée and you. Uscis and embassy do not accept any form of electronic device be it usb or cd.

Thanks for your response, that’s some pretty useful info. I think my partner would be totally okay with me taking pictures of her ring after our engagement and cute pictures to show our families anyway, so that could be the best route. Great news as we want the proposal to be something special between only the two of us.

[mogiftney 144]

14 minutes ago, geowrian said:

The past refusals for insufficient ties to return home won’t impact a K-1 since that has no such requirement. They think you want to marry and stay in the US. It sounds like they are right. Get the appropriate visa to do so and there shouldn’t be a problem.

Great news, so would it be an issue that we get engaged so close to this past student visa denial? I totally understand that it’s not the same criteria, however I don’t want it to look like we only are getting engaged because we are trying to scam the government or whatever. We have been planning to get engaged for a while now, but it was more of a loose plan than something we were actively looking into the legal logistics of. Now we have spoken and decided it’s what we both want, and we are 100% serious, I just don’t want it to coincide with this past denial because I’m afraid it will increase our odds of denial. 

[geowrian 22,335]

2 minutes ago, mogiftney said:

Great news, so would it be an issue that we get engaged so close to this past student visa denial? I totally understand that it’s not the same criteria, however I don’t want it to look like we only are getting engaged because we are trying to scam the government or whatever. We have been planning to get engaged for a while now, but it was more of a loose plan than something we were actively looking into the legal logistics of. Now we have spoken and decided it’s what we both want, and we are 100% serious, I just don’t want it to coincide with this past denial because I’m afraid it will increase our odds of denial. 

I doubt it would be an issue, especially for London. There’s not a lot of marriage fraud coming from there. Anyway, they would evaluate the circumstances like anybody else, so make a good case and you should be perfectly fine.

[Boiler 43,434]

I can see there may be public charge issues especially with your GF being a student.

[mogiftney 144]

13 minutes ago, geowrian said:

I doubt it would be an issue, especially for London. There’s not a lot of marriage fraud coming from there. Anyway, they would evaluate the circumstances like anybody else, so make a good case and you should be perfectly fine.

Thanks much for the info! We will be working on gathering our case soon!

 

Edited April 17, 2019 by mogiftney