First Hello and Question for Previous Denial

[Brian & Kathy 0]

Hello, this is Brian and Kathy. This is our first post on VJ, but it has already been an excellent resource. Brian lives in Kansas, while we are trying to get a K1 visa for Kathy in China. We met a little more than 2 years ago through mutual friends who successfully obtained a K3, and live in the US now.

We have been together in china on two occasions, for a total of 27 wonderful days together, the most recent being in August 07. We are just recently engaged, but we are wasting no time to start the visa application process. We would like to have the petition in the mail by September 21st. Already, we’ve found countless answers on VJ to questions that arise as we fill out paperwork and prepare evidence.

We do have a few questions directly about our situation though. In January 07, we began the process of getting an F1 student visa for Kathy. The interview was August 6th, 07 and it was denied, because they didn’t believe she would return to china. At the time, we were not engage or ready to marry, and her full intentions were to go to school (and being near me would be great too!).

1. Obviously, this will come up later at the interview, with possible questions asking if we were trying to get the F1 visa for reasons other than studying. Would it be a good idea to write a letter of explanation of the attempt, and reason for denial, to be signed and included in the petition? Our thinking is that the Consular will find this letter and have some explanation before the interview even occurs. A letter signed and dated and included with the petition must surely be stronger than ones word at the interview, right? We have nothing to hide, because our intentions were fine (no plans to marry, not engaged and she would have studied for sure, ect), so why not be forth coming with this information immediately?

2. In the US, where can we get evidence that Brian is single and free to marry? We will need it at the interview as well. What needs to be done to prove this for Brian?

[rebeccajo 14]

Welcome to our little world.

There is no evidence in these forums that a previously denied visa for travel or studies causes a problem with family based petitions. The question may come up at the interview - if it does simply answer the CO's questions truthfully. There is no need to address the issue with the petition filing as there is nowhere on the forms where the question is asked. The only question asked about prior visas is for previously filed I129F's.

You only need provide proof of being free to marry if you answer that you have previously been married.

[pushbrk 13,729]

Welcome to our little world.

There is no evidence in these forums that a previously denied visa for travel or studies causes a problem with family based petitions. The question may come up at the interview - if it does simply answer the CO's questions truthfully. There is no need to address the issue with the petition filing as there is nowhere on the forms where the question is asked. The only question asked about prior visas is for previously filed I129F's.

You only need provide proof of being free to marry if you answer that you have previously been married.

The Consular Officer will be aware of the previous denial. If asked, answer truthfully. No need to address it in any way before the interview.