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Persuing a K1 Visa after being denied F1 with me as a sponsor?

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Hello everybody, 

 

I have some concerns about persuing a K1 visa for my girlfriend after her being denied an F1 with me as a sponsor. I'll give a timeline.

 

end of Feb 2019

Her and I start speaking online.

 

end of Mar 2019

I flew from NYC to Dominican Republic to meet her. I decided i wanted to sponsor her for an F1 with me as the sponsor, she would be living at my house and I would be paying all tuition for her to go to a language school in NYC for a year to improve her english.

 

week after I go to the school to get required documents and start the process.

 

End of April 2019

I recieve her I20 from the school, 2 days later I go to visit her again in DR. While there we do the online process to make the two appts at the US embassy in Santo Domingo. I leave and 2 weeks later she goes one day for biometrics and the following day for the interview.

 

Interview was the worst it couls have gone. The officer did not let her get any words in. Completely dismissed anything she had to say and denied the Visa.

 

Mid-May 2019

I go to visit her again for 5 days.

 

 

 

I now want to persue a K1 Visa. Before starting this process I was very ignorant to how seriously the embassy takes these things and now am very worried that they will consider the attempt at the F1 Visa fraud and as a way to get her here while trying to circumvent any other type of immagration process.

 

At the time the idea seemed great, we could see how it would go living with each other without pressure and she would improve her english at the same time. I had no intention of commiting any type or fraud.

 

We now have very strong feelings for each other and want to persue a K1 visa but are very worried the consulate will look back upon the F1 application and think something fishy is going on. Not only am I worried that this might ruin the process, I am also worried getting denied for the K1 might ruin her chances of ever entering the USA.

 

Ive consulted a very praised upon lawyer in my area and she says there is nothing to worry about. People change the way they feel all the time and we didnt know we wanted to get married until after the denial of the F1 visa.

 

Some other information

She is early 20's and I am in my late 20's

My income is pretty high compared to most people. My tax forms from last year show 200k in annual earnings. Ive recieved my passport in january of 2019, so very recent. She studied 850 hours of english classes from the Dominican government and is almost finished with a 4 year degree in psychology. She holds a decent job and lives and supports herself in Santiago.

 

Any opinions?

 

Thank you so much for reading this, I am so glad ive found this website, I have learned so much already just lurking and hope any of my experiences can help others!!!

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Filed: Citizen (apr) Country: Taiwan
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The F-1 denial, in itself, won't have any affect on approval of the K-1......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

as for the studying that is something she would have to do on her own

she would apply to a school/college 

be accepted

pay the fees to hold her place

then apply for the visa

she would have to show she can pay for the classes not you

 

and this does not affect the K1

you can apply as directed with the proper proofs

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Just now, kris&me said:

as for the studying that is something she would have to do on her own

she would apply to a school/college 

be accepted

pay the fees to hold her place

then apply for the visa

she would have to show she can pay for the classes not you

 

and this does not affect the K1

you can apply as directed with the proper proofs

Shes has already been denied for the F1, I was her sponsor, I paid everything, SEVIS fee, deposit on tuition, filing fees and such for embassy related matters. She was accepted and registered into the school. My name was listed as the sponsor, and address she would stay at was my home address. She was not listed as paying anything herself

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Filed: Citizen (apr) Country: Canada
Timeline

Without commenting much on the whole F1 and how might have looked from a CO's point of view leading to the denial (ie. met online and then only 1 month later you're offering to pay for her entire schooling, room and board)... curious how all that came about so quickly after meeting a stranger?  Not something that commonly happens.  She has to show she can support herself for that anyhow.

 

The F1 denial should not affect pursuing a K1.

 

Plenty of facetime is always suggested....

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
4 minutes ago, sbny90 said:

Shes has already been denied for the F1, I was her sponsor, I paid everything, SEVIS fee, deposit on tuition, filing fees and such for embassy related matters. She was accepted and registered into the school. My name was listed as the sponsor, and address she would stay at was my home address. She was not listed as paying anything herself

you can not be the sponsor for this

she has to have the money herself for college and show it in savings 

that is why F1 was denied

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Filed: Citizen (apr) Country: Canada
Timeline

I wish I'd had friends nice enough to pay for my tuition back in the day.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

Is there a particular reason you prefer K-1 over CR-1 visa? It is much more expensive and now days isn't that much faster. From what I have seen over the years, K-1s are denied more often than CR1/IR1. I know someone that got denied the K-1 last year and has re-applied fro CR1, they are currently awaiting interview now. Not trying to convince you, just wondering why K-1.

“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

 

“I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS.”

 

Married: 03September2010

Beneficiary Country: Colombia

 

CR1 (Expedited USCIS and NVC)

NOA1: 21March2011

USCIS Expedited Approved: 21June2011

NOA2: 21June2011

NVC Expedite Approved: 14September2011

Interview: 21October2011

POE: 28October2011

 

I-90 (Name Change)

NOA1: 03January2012

Biometrics: 07February2012

Approved: 07February2012

 

ROC (Approved)

NOA1: 28October2013

Interview: 22November2013

Approved: 11March2014

 

***Moved back to Colombia to finish graduate studies. Wife filed I-407 (Record of Abandonment of Lawful Permanent Residence Status) at the tourist visa interview. After finishing graduate school, we decided to move back to the U.S.***

 

B1/B2 (Approved)

DS-160: 12June2017

Interview: 12July2017

Filed I-407: 12July2017

 

IR1 (Expedited USCIS and NVC)

NOA1: 09October2018

USCIS Expedite Approved: 05April2019

NOA2: 09April2019

NVC Expedite Approved: 23May2019

Interview: 10June2019

POE: 29June2019

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
11 minutes ago, ArmyVet said:

Is there a particular reason you prefer K-1 over CR-1 visa? It is much more expensive and now days isn't that much faster. From what I have seen over the years, K-1s are denied more often than CR1/IR1. I know someone that got denied the K-1 last year and has re-applied fro CR1, they are currently awaiting interview now. Not trying to convince you, just wondering why K-1.

Feel free to use my analysis if you like....😁

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   


 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
7 minutes ago, missileman said:

Feel free to use my analysis if you like....😁

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   


 

Thanks, I understand the differences. I was just wondering why the OP oped for K-1 instead of CR-1, since it is a much easier process. I figured they would want to avoid the future hassle since they have been denied a Visa in the past. Anyhow best of luck on what ever they decide, the previous denial should not have an impact on their decision.

“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

 

“I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS.”

 

Married: 03September2010

Beneficiary Country: Colombia

 

CR1 (Expedited USCIS and NVC)

NOA1: 21March2011

USCIS Expedited Approved: 21June2011

NOA2: 21June2011

NVC Expedite Approved: 14September2011

Interview: 21October2011

POE: 28October2011

 

I-90 (Name Change)

NOA1: 03January2012

Biometrics: 07February2012

Approved: 07February2012

 

ROC (Approved)

NOA1: 28October2013

Interview: 22November2013

Approved: 11March2014

 

***Moved back to Colombia to finish graduate studies. Wife filed I-407 (Record of Abandonment of Lawful Permanent Residence Status) at the tourist visa interview. After finishing graduate school, we decided to move back to the U.S.***

 

B1/B2 (Approved)

DS-160: 12June2017

Interview: 12July2017

Filed I-407: 12July2017

 

IR1 (Expedited USCIS and NVC)

NOA1: 09October2018

USCIS Expedite Approved: 05April2019

NOA2: 09April2019

NVC Expedite Approved: 23May2019

Interview: 10June2019

POE: 29June2019

 

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Why are people suggesting CR1 Visa is beyond me. OP suggested that they are not ready for marriage at this point. Not sure why they are even thinking of K1. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Brazil
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There's no US visa for living together, to "just try things out," that's why the F-1 was denied.  To have had any chance to get an F-1, she would have had to be her own sponsor without your assistance, with enough strong ties to her home country to convince the CO that she would return home after she finished studying in the US.  She clearly had immigrant intent just from the fact that you sponsored her.  The only visa options for a romantic couple are K-1 and CR-1, so be sure, before going down either of those roads, by visiting her multiple times, don't rush such an important decision. Long-distance relationships are tough, but if true love and commitment develop, you can later file a petition for her.  Visit, visit, visit, to make sure her intentions are genuine, for your own protection.

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Started dating a Dominican girl here in NYC last year. Since then I was intrigued with Dominican women, learned quite a bit of spanish, had a ton of fun.

For (removed) and giggles I made a profile on a popular Dominican dating website and was receiving 15+ messages a day. A lot of gold digger types and others that I did not have much interest for. Recieved a message from one girl that had a lot of similiar interests. Went back and forth with text messages for a couple of days before she asked me to facetime. Initially she did not beleive I was as young as I was until the video chat.

We immediately clicked, started talking 2 hours every night and a couple weeks later I decided why not go and meet her, ive been wanting to visit DR anyway and just got my passport.

She works at the airport I flew to. Landed, met her and one of her friends after she got off work. Took a shuttle van to a well known hotel in the city. Both had one of the best times we ever had that weekend. Explored the city, had a lot of fun. Felt like we knew each other for a long time.

Told her I wanted her to come visit NY. She exaplained to me it's really not that easy. Again, this is when I was very ignorant to the topic of immigration. She's always wanted to study english in the US. Week later I proposed the Idea of maybe coming to study here for a few months. My income is comfortable and the tuition for the school was surprisingly cheap. School recommended we apply for a year, looks better on paper and i would not have to pay for the entire year if I wanted to just do a few months.

Started the process, booked another ticket to visit. I-20 happened to be ready just before my trip. Got denied, yada yada....

Yes lol, I can absolutely understand how this situation might look peculiar with the short duration of time. In fact it's completely taken me by surprise. Before I met her I actually did not see myself having a serious relationship anytime soon. However, for me, she fits the description of the ideal woman that's always been in the back of my mind. Beleive me, I am also shocked that I am in this position. But it just happened, it was not something that was planned for. To this day we speak for ~2 hrs a night and all throughout the day. I've tried finding a reason why I might be being taken for a ride. I cannot find one. The doubtful comments are very much expected and I understand why I am receiving them. I know exactly what this looks like from the outside. I am not concerned about any opinions about the validity of the relationship or seriousness, but I am asking a community for opinions on the topics of visa's, a community who im sure has much greater predicaments than I do and a community that might not take my situation seriously so I guess i owe an explanation of the incredibly short duration.

Admittedly, I do have somewhat of an impatient nature, but from my perspective everything makes sense to me and the experience i have had with other women makes me feel stronger about this one. I dont want to waste time and I feel like I am going in the right direction persuing this.

Hope that clears up any of your curiosities. Thanks for all the input so far!

Edited by Unlockable
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Filed: Citizen (apr) Country: Canada
Timeline

As stated above, seems the F1 was correctly denied if she wasn't showing any evidence of paying for her own schooling, etc.

As also mentioned, the F1 denial does not make you ineligible to apply for the K1 and will not count against you (of course, a K1 itself can be denied for various other reasons).

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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