Jump to content
ColeH93

K1 Visa attempt after 2 Failed B2 Attempts

12 posts in this topic

Recommended Posts

I met my girlfriend in February of this year while working together on a cruise ship in Asia. She's Thai, I'm a US Citizen and I just recently returned from visiting her and her family in Thailand. I wish I had found this forum before to get some more info about tourist B2 visas and more. We originally tried two different ways and failed both times for the B2 visa. The first time we just tried as boyfriend/girlfriend and that of course failed. And the most recent time she purchased a tour and was trying to go along with a tour group to the US and that also failed. So we had already talked about getting engaged/married and we have both agreed that getting the K1 visa is the best and only option for us at this point.

 

I was hoping to get some advice on if anyone thinks there might be any issues obtaining the K1 Visa because of the 2 failed previous B2 attempts? We will have plenty of evidence to show for the K1 Visa in terms of pictures and messages and what not, so my only major concern right now is the history of failed attempts. But any and all advice is appreciated.

 

Also does anyone recommend using third-party help like paying for a visa coach or attorney? 

Share this post


Link to post
Share on other sites
1 minute ago, ColeH93 said:

I met my girlfriend in February of this year while working together on a cruise ship in Asia. She's Thai, I'm a US Citizen and I just recently returned from visiting her and her family in Thailand. I wish I had found this forum before to get some more info about tourist B2 visas and more. We originally tried two different ways and failed both times for the B2 visa. The first time we just tried as boyfriend/girlfriend and that of course failed. And the most recent time she purchased a tour and was trying to go along with a tour group to the US and that also failed. So we had already talked about getting engaged/married and we have both agreed that getting the K1 visa is the best and only option for us at this point.

 

I was hoping to get some advice on if anyone thinks there might be any issues obtaining the K1 Visa because of the 2 failed previous B2 attempts? We will have plenty of evidence to show for the K1 Visa in terms of pictures and messages and what not, so my only major concern right now is the history of failed attempts. But any and all advice is appreciated.

 

Also does anyone recommend using third-party help like paying for a visa coach or attorney? 

K1 is a very different visa and requirements.   Failed b2 will have zero influence 


YMMV

Share this post


Link to post
Share on other sites

A B-2 is subject to INA 214(b) - immigrant intent. If that was the reason for refusal (as was almost certainly the case), then a K-1 should not be an issue as it does not have that requirement.

If there were any misrepresentations made, then it could be an issue for any other visa.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
25 minutes ago, ColeH93 said:

So we had already talked about getting engaged/married and we have both agreed that getting the K1 visa is the best and only option for us at this point.

Travel to Hong Kong is visa-free: https://www.passportindex.org/comparebyPassport.php?p1=us&p2=th&fl=&s=yes You can marry quickly in Hong Kong and then start the CR-1 process:

K-1 and CR-1 comparison by @missileman:

On 6/21/2019 at 6:54 PM, missileman said:

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.

 

Share this post


Link to post
Share on other sites

My gf was very honest, she was already in USA with a J1 no 2 yr restriction, and she wanted to study.   So she went back to China to get a full F1 (although she could just do AOS from J1 to F1 length of stay no exit visa).  But she wants a real F-1 as she wants to do grad school.   

 

Guess what... went back to China with 1 luggage to change J-1 to F1 and got rejected 2xs F1.   First time I was doing the financial support paperwork - faster as we have all the stuff here in USA, second time her parents gave her the funds.   I guess the first time me as a USC triggered INA 214(b) - immigrant intent..   Which in reality wasnt the case.

 

I guess they think she wanted to immigrate but it was really just grad school.   Both times rejected was a real bummer.. she went back with expectation of 2 weeks only to convert J1 to F1.  She had demonstrated no intent to AOS and had honestly returned to China to get a F1.   Imagine all her stuff stuck in USA, and we have to settle her down in China to wait for K1 approval.

 

I visited her every 3 weeks  - USA CHINA  USA, ... i have a stack of air tickets and high speed train tickets.

 

But now, .... fast forward 6 months, we have NOA2, waiting for NVC and embassy interview so she can come.... but this time as fiancee and later spouse.    She had to reapply grad school for 2020 if she wants to , but i doubt... there is a lot of stress.  She will just focus on family for now.

 

So this is our story to share with you.  In summary, K1 vs non immigrant visa have to prove different stuff and base on different reasons.  Independent of each other.

Edited by flfreddy

=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

Share this post


Link to post
Share on other sites
10 hours ago, ColeH93 said:

I met my girlfriend in February of this year while working together on a cruise ship in Asia. She's Thai, I'm a US Citizen and I just recently returned from visiting her and her family in Thailand. I wish I had found this forum before to get some more info about tourist B2 visas and more. We originally tried two different ways and failed both times for the B2 visa. The first time we just tried as boyfriend/girlfriend and that of course failed. And the most recent time she purchased a tour and was trying to go along with a tour group to the US and that also failed. So we had already talked about getting engaged/married and we have both agreed that getting the K1 visa is the best and only option for us at this point.

 

I was hoping to get some advice on if anyone thinks there might be any issues obtaining the K1 Visa because of the 2 failed previous B2 attempts? We will have plenty of evidence to show for the K1 Visa in terms of pictures and messages and what not, so my only major concern right now is the history of failed attempts. But any and all advice is appreciated.

 

Also does anyone recommend using third-party help like paying for a visa coach or attorney? 

This is actually pretty common actually. My then fiancé had a B2 visa denied and we sailed through the K1 visa with no issues at all. As long as you were honest during the whole process for the B2 visas then you will have no problem at all. Some people try to lie saying that they are married or have kids in order to try and get a B2 visa. Well guess what? All those responses are recorded and you will be asked about it during the K1/CR1 interview.  

Share this post


Link to post
Share on other sites
13 hours ago, HRQX said:

Travel to Hong Kong is visa-free: https://www.passportindex.org/comparebyPassport.php?p1=us&p2=th&fl=&s=yes You can marry quickly in Hong Kong and then start the CR-1 process:

I'm not sure going to HK right now is a good idea given the political situation there (even if Anastasia and I did meet for the first time there back in late 2017 because it seemed like the best place to meet for us among places both Americans and Russians could visit visa-free at the time). There are other countries where two foreigners can marry quickly with little trouble, but I'm not sure how they'd rank in terms of ease of getting there from both Thailand and the US.


K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

Share this post


Link to post
Share on other sites
Posted (edited)

Is it a problem that I have only known my girlfriend for 8 months, almost 9 before applying for the K-1? We are planning to get engaged at the end of November this year. I had read somewhere that we should have been seeing each other for a minimum of 2 years.

Edited by ColeH93

Share this post


Link to post
Share on other sites
On 9/19/2019 at 7:46 AM, Cyberfx1024 said:

This is actually pretty common actually. My then fiancé had a B2 visa denied and we sailed through the K1 visa with no issues at all. As long as you were honest during the whole process for the B2 visas then you will have no problem at all. Some people try to lie saying that they are married or have kids in order to try and get a B2 visa. Well guess what? All those responses are recorded and you will be asked about it during the K1/CR1 interview.  

Well the second B-2 attempt, she booked the tour group and the tour agency told her to say she did not know anyone in the US. During the interview, they definitely checked back to our first visa attempt (it was going well, then the interviewer left for 10 min, came back, denied her) when we simply told them we were in a relationship and they denied. That's my main concern with your response about us lying, because yes she did technically lie the second time when she was asked if she knew anyone in the US.

Share this post


Link to post
Share on other sites
10 hours ago, ColeH93 said:

Is it a problem that I have only known my girlfriend for 8 months, almost 9 before applying for the K-1? We are planning to get engaged at the end of November this year. I had read somewhere that we should have been seeing each other for a minimum of 2 years.

You can meet 1 x in 2 years.  That is min requirement.  But the longer the better .. but legally, 1 x per 2 yr minimum.   


=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

Share this post


Link to post
Share on other sites
On 9/18/2019 at 8:39 PM, ColeH93 said:

I met my girlfriend in February of this year while working together on a cruise ship in Asia. She's Thai, I'm a US Citizen and I just recently returned from visiting her and her family in Thailand. I wish I had found this forum before to get some more info about tourist B2 visas and more. We originally tried two different ways and failed both times for the B2 visa. The first time we just tried as boyfriend/girlfriend and that of course failed. And the most recent time she purchased a tour and was trying to go along with a tour group to the US and that also failed. So we had already talked about getting engaged/married and we have both agreed that getting the K1 visa is the best and only option for us at this point.

 

I was hoping to get some advice on if anyone thinks there might be any issues obtaining the K1 Visa because of the 2 failed previous B2 attempts? We will have plenty of evidence to show for the K1 Visa in terms of pictures and messages and what not, so my only major concern right now is the history of failed attempts. But any and all advice is appreciated.

 

Also does anyone recommend using third-party help like paying for a visa coach or attorney? 

Dont do the visa couch. I am writing a paper now on individuals representing themselves as immigration specialists and take a lot of peoples money. A K2 is very easy to fill out. They have instructions and a checklist what to send. I am on my second K1 visa application because my fiance is banned for 10 years but has 8 years already back in his country so I am hoping this time around.  

Share this post


Link to post
Share on other sites
1 minute ago, kmk813 said:

Dont do the visa couch. I am writing a paper now on individuals representing themselves as immigration specialists and take a lot of peoples money. A K2 is very easy to fill out. They have instructions and a checklist what to send. I am on my second K1 visa application because my fiance is banned for 10 years but has 8 years already back in his country so I am hoping this time around.  

K1 not K2. Read and post everything here. You will find a lot of answers here. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...