Is there a problem if she apply for K1 visa and she got denied b1/b2?

[Naomi ll 0]

She said in the interview that wanted to visit Pennsylvania and she said she doesn't have friends in there to get the b1 visa. If I petition for my girlfriend to come to Pennsylvania to get married, how can we ensure it doesn't affect her case if she said she doesn't have any friends there? We've been together for a year. What would the process be, and how long do you recommend waiting before applying for a K-1 visa since she was denied a B-1 visa?

[Boiler 48,824]

I dont like the K1 but that aside you cant.

[Lyubov 142]

I got a tourist visa denied - I was working for an American company, and they considered my ties to the US "too strong". In 3 months, we applied for K1 - no issues

[appleblossom 5,922]

2 hours ago, Naomi ll said:

She said in the interview that wanted to visit Pennsylvania and she said she doesn't have friends in there to get the b1 visa. If I petition for my girlfriend to come to Pennsylvania to get married, how can we ensure it doesn't affect her case if she said she doesn't have any friends there? We've been together for a year. What would the process be, and how long do you recommend waiting before applying for a K-1 visa since she was denied a B-1 visa?

 

When she had the B visa interview, was that before you met, or were you living somewhere else at the time? Or did she lie in that interview? 

[Naomi ll 0]

21 minutes ago, appleblossom said:

 

When she had the B visa interview, was that before you met, or were you living somewhere else at the time? Or did she lie in that interview? 

She lied. We were alredy dating when she ask for tourist visa, but not engage, yet

 

[appleblossom 5,922]

22 minutes ago, Naomi ll said:

She lied. We were alredy dating when she ask for tourist visa, but not engage, yet

 

 

Then that's misrepresentation, and a potential problem. Did she also lie on the DS-160?

 

I'd consult a lawyer before filing anything personally. 

Edited 3 hours ago by appleblossom

[Sandra G. 5,128]

This is where the problem can surface. The consular officer can see her previous DS-160 tourist visa application and notes from her past interview. If they notice that she said you didn’t know anyone in the U.S., but now she has a fiancé, they may question when the relationship actually started, whether she was truthful before. If the officer believes she intentionally lied about something important, they can find misrepresentation, which can lead to K-1 visa denial, a possible permanent bar (unless you later qualify for a waiver).  

 

About 13 years ago, my client’s parents applied for a tourist visa and lied, saying their son did not live in the United States. When they arrived in the U.S., they also told officers they would stay in a hotel and that they didn’t know anyone there. Thirteen years later, their son sponsored them for an immigrant visa. During the interview, something surprising happened,  the consulate showed them a video from their entry into the U.S. 13 years earlier, where they made those statements. Because of those inconsistencies, the visa was denied, and the officers determined that they had misrepresented the facts. The ban is generally a lifetime ban, they had to submit a waiver in order to overcome the visa denial.