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emfish

How do prior F1 denials affect future K1 visa?

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Filed: K-1 Visa Country: United Kingdom
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Hi!

 

Just after some advice! I seem to get a lot of people saying that my 2 F1 denials in 2018 due to lack of home ties (214b), will not affect my future application for K1 with my fiancé, but I haven’t seen anyone with the same experience? Has anyone been through the same thing? Do you think they will bring the 2 denials up in my interview? What could they ask? 
 

I have been dating my fiancé for 4 years and was dating him during my F1 applications, however I was not asked about him during my interviews nor did i mention him. I had had a lot of J visas (Camp Counsellor/Au Pair) approved prior to my F1 application so I suspect they thought I did not have enough ties to home because of this.

 

We have literally thousands of pictures/proofs/texts/calls and were living in the same city whilst i was an au pair for over a year, so i am not afraid of the bona fide relationship part, I am more concerned that the prior student denials will damage our chances - could they think we were trying to get married on the F1? Am I overthinking?

 

I do plan to go back to school eventually once I am settled in the US. I am just concerned that they will see my past visas as fraud because I had a boyfriend in the states. Has anyone had any similar experiences?

Edited by emrid364
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Filed: Citizen (apr) Country: Taiwan
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Prior non-immigrant visas which were denied due to lack of ties to home country will have no effect on a visa with which you intend to immigrate....Immigrant visas and K-1 visas do not require evidence of ties to your home country.  There is no need to overcome the presumption of immigrant intent for a K-1.

You are, indeed, over-thinking........good luck.

Edited by missileman

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from the IMBRA subforum to General Immigration Discussion.

---------------

For clarity, the K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.  It will be processed by the Immigrant Visa unit at your consulate.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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