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Filed: AOS (apr) Country: Brazil
Timeline
Posted

:help:

Before we were engaged she (brazilian) was going to try to come to the states on a tourist visa. As a matter of fact I was going to ask her to marry me when she was here but I wanted her to actually see some of the country before I did to make sure thats what she wanted to do. Well when she applied for the tourist visa she listed me as a friend and put down my address as one of the places she was going to be. Well little did I know that brazil was one of the places that is really hard to get a tourist visa unless you own half of the country, or so it seems. Anyway she was denied because of lack of ties to brazil. My question is when she goes for the interview for a K1 visa (at the same consulate that she applied for the tourist visa) does anyone think that it will be brought up at the interview? We have been honest on all of the paperwork and said that she was denied a tourist visa before. So will the CO think that we commited visa fraud by not telling them I was her boyfriend at the time she applied for the tourist visa? I told her that the best thing to do if asked about it would be to tell the truth that we were dating but not yet engaged and to tell them that I was going to ask her to marry me when she came here.

sorry if this post kinda rambles but im in a hurry so any help or personal experiences would be greatly appreciated.

Thanks

G

Our Timeline:

Dec 1 05 - Met in London

Guy was on vacation Val was living there.

Mar 06 - Guy went back to London

Mar 06 - Val came to stay with me in Greece where I was living.

May 06 - Val went back to London

July 06 - Val came back to Greece and stayed until Oct 06

Oct 06 - Val went back to Brazil

May 07 - Val tried for tourist visa to U.S. DENIED!!!

May 07 - We decided to get married. Hired Lawyer

July 20 07 - Lawyer sent I-129F to VSC

Aug 9 07 - First of probably a few trips to Brazil for Guy

Aug 14 07 - NOA 1 Date

Aug 23 07 - We get officially engaged!!!!!

Sep 03 07 - Guy went back to USA

Dec 03 07 - NOA 2 Issued

Jan 22 08 - Embassy Interview

Jan 29 08 - Arrived POE Atlanta

Feb 09 08 - Wedding Day in New Orleans

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Filed: Citizen (apr) Country: Guatemala
Timeline
Posted

You did not commit visa fraud, she was denied a tourist visa because according to the Consulate she did not meet the requirements. The fact that you did not say she was dating you already is irrelevant IMO.

One of the forms (DS-156) has a question about prior visa denials, she'll have to write down where and when she applied and the reason for denial but that's all. I don't think that will be an issue for your K-1, if you do meet all the requirements for the K-1.

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

You can relax:-). Many individuals who later pursue a fiancee visa get refused visitor's visas because they do not have enough proof of ties to their homeland. Your fiancee, however, is no longer asking for a visitor's visa - she is requesting a fiancee visa and it is understood in the visa process that she IS an intending immigrant, even though it is a non-immigrant visa. If she is questioned about the previous denial she should just tell the truth that she was coming to visit with you but you were not yet engaged, and that they didn't feel she had enough ties to show she would return home. The officer may even say, 'yes, that happens a lot':-). There shouldn't be any problem at all with this during the interview. You have not committed visa fraud - and she has not misrepresented herself either. Good luck at the interview.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Filed: Country: Jamaica
Timeline
Posted

I've seen people in Jamaica approved for K-1 after being turned down for a visitor visa. Like the person above said, she was turned down cause she did not meet the requirements.

I think they ask that question primarily to catch those who have overstayed other visas.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Posted

We did the same thing as you, Guy&Val. My husband tried to get a tourist visa so he could see the US and see if he likes it here, but since he was a student and didnt own half the country, he got denied. We stated it on the paperwork, and still applied for the K1. It wasn't brought up anywhere down the line. The CO did not mention it at the K1 interview.

Don't worry, I think many couples try to do the tourist visa first.

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Filed: AOS (apr) Country: Brazil
Timeline
Posted
Thanks Everyone!!!!!!!!!!! :thumbs:

Our Timeline:

Dec 1 05 - Met in London

Guy was on vacation Val was living there.

Mar 06 - Guy went back to London

Mar 06 - Val came to stay with me in Greece where I was living.

May 06 - Val went back to London

July 06 - Val came back to Greece and stayed until Oct 06

Oct 06 - Val went back to Brazil

May 07 - Val tried for tourist visa to U.S. DENIED!!!

May 07 - We decided to get married. Hired Lawyer

July 20 07 - Lawyer sent I-129F to VSC

Aug 9 07 - First of probably a few trips to Brazil for Guy

Aug 14 07 - NOA 1 Date

Aug 23 07 - We get officially engaged!!!!!

Sep 03 07 - Guy went back to USA

Dec 03 07 - NOA 2 Issued

Jan 22 08 - Embassy Interview

Jan 29 08 - Arrived POE Atlanta

Feb 09 08 - Wedding Day in New Orleans

545.gif

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

It IS really hard to get a tourist visa in Brazil. You'll be fine - this happens to everyone.

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

 
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