Impact of previous visa denials

[Tacos 69]

I wanted ask about previous visa denials and their impact on the K1 visa. My fiance has 4 denials, 3 tourist and 1 student. I’m not sure for the reason for the tourist, but it was probably for the same reason as her tourist. Around the time of her student visa interview, we were on a break for our relationship, we started it again when she found out that she was pregnant, at which point we became engaged. 

 

Despite having a letter from her then employer, she was working from home doing computer work, but the CO didn’t believe that she was employed. I encouraged her to apply for the tourist because I wanted her to meet my family and spend time with me, when she was denied that, a coworker told me that I should have my fiance apply for a student visa so she could study in the US to improve her English. She applied, and while waiting for the interview for her student visa, we decided to take a break after I visited her. I had written a letter for her tourist visa, and during the interview for the student visa, she was asked about our relationship. She said that we were friends, and that she didn’t have contact with me. 

 

My fiance is freaking out about if she’s going to be asked about the denials and how to answer them. Our relationship is sincere and for the right reasons, we have a son together. She wasn’t being deceitful, but maybe the officer thought she was. Not sure how to handle this one and how to answer it. We will be honest, as we always have been.

 

I also called the police department and court house to get records for my arrest for not paying a traffic violation(s). They have no records, the police department doesn’t have ANY records prior to 2008 as their files were destroyed. I am getting a letter from both the PD and court, stating that I am in good standing, and the fines were paid, I can’t remember if the fines were more than $500. I didn’t disclose it on the I129F as it seemed I didn’t need to because my arrest was NOT for any of the reasons the forms is asking. How to handle this? Would the two letters be okay be fine and could she get denied the K1 over them? I marked “no” on 4A because I believed my arrest was for traffic violation, but I have come to learn that the arrest might have been because of “contempt”.

[designguy 1,179]

50 minutes ago, Tacos said:

a coworker told me that I should have my fiance apply for a student visa

Probably not the best advice

 

 

Your fiance was most likely denied visas due to immigrant intent. This is not something she needs to overcome for the K1 so unless she was denied for some other reasons like criminal history, etc, she shouldnt have an issue with the K1 as long as you have met in the past 2 years and your relationship is legitimate.

 

Keep in mind the CONS of the K1 and evaluate if a CR1 would be better. Good luck

[VISBIS 18]

I had a F1 denial, and that’s the first thing the CO asked at the interview. Like @designguy have mentioned, it shouldn’t affect her K1 eligibility directly, but since she has so many denials there’s a chance the CO might inquire about those denials. It’s best for her to be truthful and not contradict whatever she has said during those interviews since they do note down key things that you mention during the interview. 
I don’t think it’ll be an issue, but it’s best to make sure your fine wasn’t above $500. You could try to get this information about your driving history from the DMV or your insurance agent. I’m sure the USCIS do background checks and what comes up contradicts what you have noted, it’ll count as if you lied in the form. 

[Louis61404 133]

I would certainly plan on that being asked at the interview.