If K1 Denied, Try K3?

[3AD 0]

Perhaps a naive question, but is it possible to apply for a K3 if a K1 is denied? Does this show persevearance or will the prior application's denial negatively influence the new visa application?

Does anyone know anybody who has been successful with this?

Thanks,

3AD

[joej 0]

It should depend on the reason for the denial. I have seen people being denied for K1 because of the CO's unwillingness to accept a co-sponser. In that case they have gotten married then applied for K3/Cr1. I think you half to be married to apply for K3. Hmmm someone correct me if I'm wrong. We did Cr1 and K3. Cr1 was fastest in our case.

Good luck.

[scy 0]

Perhaps a naive question, but is it possible to apply for a K3 if a K1 is denied? Does this show persevearance or will the prior application's denial negatively influence the new visa application?

Does anyone know anybody who has been successful with this?

Thanks,

3AD

It is a naive question because anything is possible. You should fill in your timeline and country so we can help you. There are a lot of reasons for a K-1 denial. Some can be remedied if you got married and apply for K-3, others can not be remedied at all. So tell us your situations and why you think you might be denied a K-1.

[desert_fox 32]

You dont seem very confidant....why are you asking?

[Jasman0717 9]

With your question I assume that you have not had your interview yet so why worry about denial at this point. Keep a positive outlook on this and go into the interview with a positive attitude.

[3AD 0]

OK, here's my story, and why I'm worried. Anybody who can give me some candid insight, I'd appreciate it.

Bad news:

1. I'm previously married to non-U.S. citizen. I applied for and received legal permanent residency for my ex-wife 10 years ago. She never became a citizen. We since divorced and she left the U.S. with our child. Of course, I explained all of this in my application very clearly. For privacy reasons, I don't want to divulge my ex-wife's home country, but it's a rich country (where visas are easily obtained, no fraud, etc.)

2. There are 15 years difference between me and my fiance in Vietnam. I'm 32. She is 17 at time of filing, so I submitted notarized parental consent letter so that we can "legally marry" at time of filing (which meets obligations in the state we will marry), although it's unlikely she will get a visa within 90 days of her 18th birthday.

3. Although separated for over one year at the time, I was still finalizing my divorce when I proposed to my fiance. Everything was final about two months before submitting I-129F.

4. I'm a grad student (i.e. below poverty line income) and will need to use a co-sponsor for affidavit of support.

Good news:

1. I met my fiance while living/working in Vietnam. I worked for a major Fortune 500 firm. I have business cards, pictures, etc., of me working at my company, and a letter (with letterhead) from my manager verifying my employment and timeframes. In other words, nobody "introduced" us and no "mail order" internet/websites, etc. I just met her while living and working there, found out she spoke great English and we hit it off. I submitted this "work evidence" with my app -- think that's going overboard?

2. I've spent over 6 months with her, cumulatively, over three different trips (two of which were work-related). We had a long "courting" period before I proposed.

3. We have extensive phone, chat, SMS and letter records. Also lots of great photos (with indications of date in background in some), plane ticket stubs, engagement ring receipt, etc. We'll have an official engagement ceremony (aka "dam hoi", with my parents attending) before her interview at embassy (assuming I make it past TSC/NVC).

4. I'm not "Viet Kieu" (overseas Vietnamese), but Caucasian American. I know there can be more scrutiny for overseas Vietnamese returning to marry (due to higher potential for fraud, I guess?) At least that's what my Vietnamese friends have told me. They all say: "You've got nothing to worry about" ... but I don't know.

I'm afraid because I will definitely be with her one way or another. So if we fail the K1 app, I'll ditch grad school and move there, bringing a ton of student loan debt with me (and knowing my education won't mean the same pay on the VN job market). If they turn us down because of all my complications, that's what I'll have to do but I'm trying to figure out a different angle if possible. I'm afraid they will think I'm an "immigration factory," since this is the second person for whom I will be applying.

HCMC is tough, and that's also why I'm afraid.

Thanks for any help ... and for being honest.

3AD

[vicki/bala 0]

I too was married to a non citizen previously. I appled for and helped him receive his resident card. We were married nearly seven years, but he still lives in U S. Now I am engaged to gent from India. My ex was from Sri Lanka but was citizen of Norway. My fiance has already had his interview with chennai embassy, and there were some questions about my previous husband. In fact I had to send a letter at their request to explain how we (ex and myself ) came to be married. Other than that they havent (so far) made a big deal out of it.

Oh yeah, im 15 years older than my fiance also. And me being the female in the relationship that also raised some questions. But I think it all depends on the individual embassy, and the individual enterviewer. Because only one out of the three enterviewers Bala had even brought up the age difference. (and not so suprisingly it was the female interviewer).

Anyway best of luck to ya !!!

[ufkenmill 0]

It should depend on the reason for the denial. I have seen people being denied for K1 because of the CO's unwillingness to accept a co-sponser. In that case they have gotten married then applied for K3/Cr1. I think you half to be married to apply for K3. Hmmm someone correct me if I'm wrong. We did Cr1 and K3. Cr1 was fastest in our case.

Good luck.

Where have you seen a K1 denied because of the CO's unwillingness to accept a cosponsor? What was the situation, can you provide more details?

Thanks...

[babybunny 2]

maybe she could be denied coz she is 17 ... dayum

[ufkenmill 0]

OK, here's my story, and why I'm worried. Anybody who can give me some candid insight, I'd appreciate it.

Bad news:

2. There are 15 years difference between me and my fiance in Vietnam. I'm 32. She is 17 at time of filing, so I submitted notarized parental consent letter so that we can "legally marry" at time of filing (which meets obligations in the state we will marry), although it's unlikely she will get a visa within 90 days of her 18th birthday.

What are you thinking man? She's 17 at time of filing? So you've been dating her since she's 16 or possibly even 15?

[Cristy 4]

OK, here's my story, and why I'm worried. Anybody who can give me some candid insight, I'd appreciate it.

Bad news:

2. There are 15 years difference between me and my fiance in Vietnam. I'm 32. She is 17 at time of filing, so I submitted notarized parental consent letter so that we can "legally marry" at time of filing (which meets obligations in the state we will marry), although it's unlikely she will get a visa within 90 days of her 18th birthday.

What are you thinking man? She's 17 at time of filing? So you've been dating her since she's 16 or possibly even 15?

Yikes

[Overin2911 0]

OK, here's my story, and why I'm worried. Anybody who can give me some candid insight, I'd appreciate it.

Bad news:

2. There are 15 years difference between me and my fiance in Vietnam. I'm 32. She is 17 at time of filing, so I submitted notarized parental consent letter so that we can "legally marry" at time of filing (which meets obligations in the state we will marry), although it's unlikely she will get a visa within 90 days of her 18th birthday.

What are you thinking man? She's 17 at time of filing? So you've been dating her since she's 16 or possibly even 15?

[Yodrak 7]

3AD,

It's possible to apply, but recognize that the requirements don't change any - the visa applicant has to be admissable to the US and the relationship, whether it's pre-marriage or post-marriage, has to be bona fide (i.e. not for the purpose of evading US immigration law).

If a person is inadmissable, for whatever reason, getting married doesn't change that. Neither does perseverence. One needs to address the reason for being inadmissable.

Yodrak

Perhaps a naive question, but is it possible to apply for a K3 if a K1 is denied? Does this show persevearance or will the prior application's denial negatively influence the new visa application?

Does anyone know anybody who has been successful with this?

Thanks,

3AD

[kc456 0]

I don't believe the OP gave any reasons for the fiancee to be inadmissible. He was more concerned about his previous marriage. Some people here are concerned about fiancee's age. But we obviously cannot read minds (especially of the consular officers), so I guess the OP will find out when the interview comes. So far (to me, and I'm no expert) the situation does not seem dire. Only time can tell.

[scy 0]

OK, here's my story, and why I'm worried. Anybody who can give me some candid insight, I'd appreciate it.

Bad news:

1. I'm previously married to non-U.S. citizen. I applied for and received legal permanent residency for my ex-wife 10 years ago. She never became a citizen. We since divorced and she left the U.S. with our child. Of course, I explained all of this in my application very clearly. For privacy reasons, I don't want to divulge my ex-wife's home country, but it's a rich country (where visas are easily obtained, no fraud, etc.)

2. There are 15 years difference between me and my fiance in Vietnam. I'm 32. She is 17 at time of filing, so I submitted notarized parental consent letter so that we can "legally marry" at time of filing (which meets obligations in the state we will marry), although it's unlikely she will get a visa within 90 days of her 18th birthday.

3. Although separated for over one year at the time, I was still finalizing my divorce when I proposed to my fiance. Everything was final about two months before submitting I-129F.

4. I'm a grad student (i.e. below poverty line income) and will need to use a co-sponsor for affidavit of support.

Good news:

1. I met my fiance while living/working in Vietnam. I worked for a major Fortune 500 firm. I have business cards, pictures, etc., of me working at my company, and a letter (with letterhead) from my manager verifying my employment and timeframes. In other words, nobody "introduced" us and no "mail order" internet/websites, etc. I just met her while living and working there, found out she spoke great English and we hit it off. I submitted this "work evidence" with my app -- think that's going overboard?

2. I've spent over 6 months with her, cumulatively, over three different trips (two of which were work-related). We had a long "courting" period before I proposed.

3. We have extensive phone, chat, SMS and letter records. Also lots of great photos (with indications of date in background in some), plane ticket stubs, engagement ring receipt, etc. We'll have an official engagement ceremony (aka "dam hoi", with my parents attending) before her interview at embassy (assuming I make it past TSC/NVC).

4. I'm not "Viet Kieu" (overseas Vietnamese), but Caucasian American. I know there can be more scrutiny for overseas Vietnamese returning to marry (due to higher potential for fraud, I guess?) At least that's what my Vietnamese friends have told me. They all say: "You've got nothing to worry about" ... but I don't know.

I'm afraid because I will definitely be with her one way or another. So if we fail the K1 app, I'll ditch grad school and move there, bringing a ton of student loan debt with me (and knowing my education won't mean the same pay on the VN job market). If they turn us down because of all my complications, that's what I'll have to do but I'm trying to figure out a different angle if possible. I'm afraid they will think I'm an "immigration factory," since this is the second person for whom I will be applying.

HCMC is tough, and that's also why I'm afraid.

Thanks for any help ... and for being honest.

3AD

I think you're are worrying too much. From the information given, I think your fiancee has a great chance of obtaining a visa at the HCMC consulate. A couple of points I'd like to make:

-Having a prior marriage to an alien will affect your K-1. But the fact that your former spouse doesn't live in the US is a positive factor. Either way, you have to tell your fiancee everything about your former spouse, where you lived, why you divorced, and where your former spouse lives right now. Your fiancee will be asked all of this at the interview.

-HCMC doesn't care very much about the affidavit of support. Having cosponsors are ok.

-HCMC does care a lot about the communications between you and your fiancee. Basically they want to know that you two communicated extensively prior to an engagement. You have a lot of proof in this area, but you should talk to your fiancee about everything. By everything, I mean everything. No detail is too small because you never know what they are going to ask at the interview. For example, you wrote that you submitted "work evidence" with your I-129F. Then your fiancee should know what you did at work, when you were hired, where you worked, how much you got paid, etc.. The consulate will use the evidence you submitted as basis for the interview.

-You wrote that you are not a native Vietnamese. I'm going to assume that you don't speak Vietnamese. If you fiancee English is great as you described, then that is a positive factor. Have her polish her English skills even further and conduct the interview in English.

-Your age difference is not a big factor. It is expected in Vietnamese culture for the wife to be younger than her husband. 15 years difference is not a big deal. Your fiancee might be asked why she wants to marry someone "older" and what you two have in common. So you should prepare for this line of questioning. Legal age of marriage for Vietnamese women is 18. So if your fiancee is at that age when she interviews, you shouldn't have a problem.

Personally I wouldn't get married in Vietnam. The government in that country is highly bureaucratic, slow and thoroughly corrupt. So marriage to a foreigner is very difficult, I think much more difficult than applying for a K-1 visa. US immigration is bureaucratic and slow, but at least it isn't corrupt.

Lastly, it's rare to actually be denied a K-1 visa. The consulate might deny the visa initially at the interview pending further evidence. But eventually they will approve if you give them what they want. So unless the consulate have concrete proof of fraud or some sort of inelligibility, they will approve the visa. It might take a long time, but I think anyone who is persistant and patient will receive their visa in the end.

Good luck to you.