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zippy28

Visitor for marriage visa

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Filed: Other Country: United Kingdom
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Dear all,

My partner is a US citizen and I am a UK citizen. I was recently denied an F1 student visa to the US. Since this happened my partner proposed to me and we researched the best steps of me getting back to the US. Seeing as my student visa was denied it would not look good me applying for a fiancé visa soon after therefore we were advised to go down the spouse visa route. My fiancé has subsequently applied for the visitor for marriage visa for the UK and we plan to get married in the UK in the next few months. The only thing is the procedure in the UK for obtaining the marriage license is quite lengthy and would mean my fiancé having to stay in the UK for a month. He has to work in the meantime so we were wondering if it is possible for him to come over on the visitor for marriage visa, give the notice of intent to marry and go back to the US whilst we wait for the marriage certificate to be processed in the UK? As this visitor for marriage visa is not a multiple entry visa could he then reapply for the visitor for marriage visa again and return to the UK when we are ready to get married? I would really like some help or advice with this matter and would be grateful if anyone could help. Thank you

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Filed: K-1 Visa Country: Wales
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You were wrong about the K1 so maybe everything else is irrelevant?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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Big assumption, that she has or can get an approved ESTA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: United Kingdom
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You were wrong about the K1 so maybe everything else is irrelevant?

Do you know why the f1 was rejected? Unless there are some red flags, you really shouldn't have a problem with getting the visa approved as a UK citizen.I also agree that getting the f1 rejected shouldn't Grace that much relevance on the k1

My F1 visa was rejected on immigration act 214b. It is a non immigrant visa and they rejected me on the basis that they thought I was going to the US to immigrate. At the time I was not engaged. The reasons they gave was that I did not show strong enough ties to the UK as I had been in the US on two back to back VWP for 3 months at a time. I was advised by a US immigration lawyer that because My student visa was rejected on this basis that they could also deny my fiancé visa. It was too much of a risk to go that route.

My F1 visa was rejected on immigration act 214b. It is a non immigrant visa and they rejected me on the basis that they thought I was going to the US to immigrate. At the time I was not engaged. The reasons they gave was that I did not show strong enough ties to the UK as I had been in the US on two back to back VWP for 3 months at a time. I was advised by a US immigration lawyer that because My student visa was rejected on this basis that they could also deny my fiancé visa. It was too much of a risk to go that route.

Edited by Ryan H
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Filed: K-1 Visa Country: Wales
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So the lawyer said that because you had been refused a non immigrant visa for immigrant intent you would be refused an immigrant visa for immigrant intent?

Immigrants have immigrant intent, it is the nature of the beast.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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So the lawyer said that because you had been refused a non immigrant visa for immigrant intent you would be refused an immigrant visa for immigrant intent?

Immigrants have immigrant intent, it is the nature of the beast.

I guess the lawyer thought that since technically the k1 is a non immigrant visa it might be denied. Of course I agree with you. A k1 is a non immigrant visa that has the intent to immigrate implied.

I think OP would probably be approved for a k1 but if they're uncomfortable with that, the route they have in mind should work too.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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I had a F1 visa rejected in November. My K1 interview is at the London embassy on Monday, I will let you know if anything comes up about my F1 rejection.

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Had my interview on Monday. Was asked about my F1 rejection. I said I did not know the exact reason for the rejection but I was given a form saying section 214b. CO seemed happy with this and moved on to different question. End result was visa approval.

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If a CO denies a K-1 purely for immigrant intent, that would be quite backwards. The whole purpose of the K-1 is to eventually adjust status within the US. I think your lawyer doesn't know what a K-1 is.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Sorry for the double post, but I couldn't stop thinking about what your lawyer said to you. I'm actually angry they're allowed to practice immigration law with such a distorted understanding of what you're applying for. I question the sanity of any CO who will deny a K-1 on the basis that the applicant doesn't have strong enough ties to their home country.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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