K1 visa with previous denied B visas

[MrBr 0]

Hi all!

Here I'm again.

The last time I posted about my situation and get a good feedback and some insights, but I didn't hear none that had some experience like mine.

Now I've decided what we're going to do (i was thinking betweek K1 and K3 before), so I'd like to see if anyone had any experience like that before and could help us.

Sorry for the long history, but maybe you guys can have a clear understanding what is happening and if someone can help me.

Well, in 2007 I went to US to get "long vocation" [5 months] after working 7 years non-stop.

I had a B1/B2 visa so I went to US to stay few months (nothing more that they allow me) and have some fun..

Well I did and in the 4th month, I found a woman (and I didn't know that that one will be the woman of my life)...

After our first date we start to see each other everyday, hanging out and enjoying the time...

But my stay limit in US was getting close to expired (i-94) and I had to fly back to my home country, so I did, but instead forget her and stay in my home country forever I decided to go back to US and keep the life running there. (I had a company in Brazil, so I was doing consulting work on behalf of my company in US, so I could get money without problem and keep my life running).. [ok im not the fact that I could or not could be doing this kind of consulting for a while and if is right or not].

Well, the life was great and we were kind of living together, each one had your apt but we were almost living in the same place.. So always before my stay expires I came to my home country, spend some time with my family (usually short time.. 1 month) and come back to US.. [but never overstay]

No magical, I knew one day if I still doing that i will get caught when I try to get in US... yep.. so in Dec '08 it happened, when I was trying to getting in US after my trip to my home country they said that i was spending to much time in US so looks like I was living there so they couldn't allow me to get in and they will cancel my visa.. well they did.. [i didn't get ANY ban, but for sure some giant red flag]

After that, after just 4 months I applied back again for B1/B2 visa to go back to US [that time I really had a meeting there], but again, it's logical, they denied the visa saying that in my history look like I was planning to immigrate to US...

After that the pain in the #### situation started.. I really wanted to see my girlfriend and didn't have how... well we went to Canada together spent a 3 days there... after a little bit she went to Brazil to stay with me a few days.. so that time i wanted to go back to US to stay with her... so I company in US offered me a J1 (exchange program) to go to US.. for me it sounded great.. i could get back together with her..

No big deal, in the interview day (just after 8 months after the B denied), the guys just looked at me and says: "it's getting worse, it's clear that you're trying to come back to US.. cyaa.." denied.. little frustration but I understood, it was clear, I just didn't tell him that was because my girlfriend, for me it could get worse...

Well, she came back again to Brazil and we decide that we really want to live together and we want to marry.. I asked her to live in Brazil for a little bit, but the language will turn our relationship in a nightmare.... we both parents know about our relationship, she has met my parents and my family, sure I didn't meet her parents because I can't go to US...

The point is, she just left back to US this week, and she's coming back again next month to we spend the new years together and after that we will apply for K1 visa..

We're together since Dec '07, i know all her friends in US and she knows my friends over here, and she will be in Brazil 4 times in 12 months, and we also went to Canada together... my worry is in the interview.. (if I was the officer, def i will suspect like this guys is back again here trying to get in US... but the point is.. ok i was trying to get in US to see her.. )

Do you guys think that for this history for many denies, "living" in US that time (going back and forth, even never overstaid), have B visa denied and J visa denied could we have too much trouble trying to get our K1 visa?

We already talked that she fly here to the interview day, to we do together..

But have you guys hear about any case like that? Any advice?

Thanks again for all help!!

Cheers

[Stephen + Elisha 92]

The short version: the previous B and J visa denials should have little effect on your K-1 application. Those were nonimmigrant visas, and you must satisfy the consular officer that you do not intend to immigrate in order to get one. Likewise, the CBP officer at the port of entry must likewise be satisifed that you do not intend to stay, or he/she will deny entry. The K-1 visa presumes immigrant intent, so you don't have to prove nonimmigrant intent. Shouldn't have any problem there.

Where I would advise caution and extra care is in the presentation of evidence to establish the bona fides of your relationship. Given your history, the consular officer may suspect that you have entered into a sham relationship for immigration benefits. To counter this, you'll want to present plenty of evidence that your relationship is for real. Moreover, you may wish to consider front-loading your K-1 petition with this evidence so that it will be part of the official record and seen by the consulate even before you appear for an interview. USCIS only requires evidence of meeting in person in the past two years for the initial I-129F petition, but front-loading with the consulate in view may be to your benefit to address this potential red flag.

Best of luck to you!

Edited November 13, 2009 by Stephen + Elisha

[Gary and Alla 3,694]

Hi all!

Here I'm again.

The last time I posted about my situation and get a good feedback and some insights, but I didn't hear none that had some experience like mine.

Now I've decided what we're going to do (i was thinking betweek K1 and K3 before), so I'd like to see if anyone had any experience like that before and could help us.

Sorry for the long history, but maybe you guys can have a clear understanding what is happening and if someone can help me.

Well, in 2007 I went to US to get "long vocation" [5 months] after working 7 years non-stop.

I had a B1/B2 visa so I went to US to stay few months (nothing more that they allow me) and have some fun..

Well I did and in the 4th month, I found a woman (and I didn't know that that one will be the woman of my life)...

After our first date we start to see each other everyday, hanging out and enjoying the time...

But my stay limit in US was getting close to expired (i-94) and I had to fly back to my home country, so I did, but instead forget her and stay in my home country forever I decided to go back to US and keep the life running there. (I had a company in Brazil, so I was doing consulting work on behalf of my company in US, so I could get money without problem and keep my life running).. [ok im not the fact that I could or not could be doing this kind of consulting for a while and if is right or not].

Well, the life was great and we were kind of living together, each one had your apt but we were almost living in the same place.. So always before my stay expires I came to my home country, spend some time with my family (usually short time.. 1 month) and come back to US.. [but never overstay]

No magical, I knew one day if I still doing that i will get caught when I try to get in US... yep.. so in Dec '08 it happened, when I was trying to getting in US after my trip to my home country they said that i was spending to much time in US so looks like I was living there so they couldn't allow me to get in and they will cancel my visa.. well they did.. [i didn't get ANY ban, but for sure some giant red flag]

After that, after just 4 months I applied back again for B1/B2 visa to go back to US [that time I really had a meeting there], but again, it's logical, they denied the visa saying that in my history look like I was planning to immigrate to US...

After that the pain in the #### situation started.. I really wanted to see my girlfriend and didn't have how... well we went to Canada together spent a 3 days there... after a little bit she went to Brazil to stay with me a few days.. so that time i wanted to go back to US to stay with her... so I company in US offered me a J1 (exchange program) to go to US.. for me it sounded great.. i could get back together with her..

No big deal, in the interview day (just after 8 months after the B denied), the guys just looked at me and says: "it's getting worse, it's clear that you're trying to come back to US.. cyaa.." denied.. little frustration but I understood, it was clear, I just didn't tell him that was because my girlfriend, for me it could get worse...

Well, she came back again to Brazil and we decide that we really want to live together and we want to marry.. I asked her to live in Brazil for a little bit, but the language will turn our relationship in a nightmare.... we both parents know about our relationship, she has met my parents and my family, sure I didn't meet her parents because I can't go to US...

The point is, she just left back to US this week, and she's coming back again next month to we spend the new years together and after that we will apply for K1 visa..

We're together since Dec '07, i know all her friends in US and she knows my friends over here, and she will be in Brazil 4 times in 12 months, and we also went to Canada together... my worry is in the interview.. (if I was the officer, def i will suspect like this guys is back again here trying to get in US... but the point is.. ok i was trying to get in US to see her.. )

Do you guys think that for this history for many denies, "living" in US that time (going back and forth, even never overstaid), have B visa denied and J visa denied could we have too much trouble trying to get our K1 visa?

We already talked that she fly here to the interview day, to we do together..

But have you guys hear about any case like that? Any advice?

Thanks again for all help!!

Cheers

No problem. B visa denials generally have no effect on the K process. I would say to be sure you have evidence that your relationship occured and was progressing before the B visa denials. In your case, they may have made some notes and now along comes a K visa and maybe they doubt your sincerity. If you show the relationship was there before that will take care of that.

[MrBr 0]

Oh guys..

Thanks so much for the advices, I really appreciate....

It's what I had in my mind, just show them that it doesn't turned in a close relationship after I get my visas denied, that it always was a real relationship.. what is true.. so no fear to proof

We just don't have too much photo in US, it because it was kind of our day by day life... but I think a few letter from our friends telling how they met us and how we use to be in US and show our trips together may help..

Thanks for advice to I consider front-loading the petition with all evidences to be part of the official records. make sense! :-)

One thing that always I don't know if I can or I can't say...

"Living in US" with a non-immigration visa is unlawful... I say that i wasn't, but at the end of the day, none stay 90% of the year in a country and is not really living there, so at the end of the day I was living there, even I was coming back and forth all the time to renew the visa stay...

They asking if "I was living" in US that time, if I saying YES, in fact the main reason that "I was living there was her", does it count at negative, positive or doesn't matter? (since [i think] they can't punish something that in the "paper" you didn't do])

I mean, I didn't overstay, but at the end of the day none in the officer are fool, they imagine that i was living there.

Attaching all my entries to US and the time that I staid there in the petition (before get my visa cancel) do you guys think that it counts to show a "bona fides"?

Or is better to forget this subject and just bring up if they ask?

She's coming for new years.. it will be kind of double celebration... new year + engagement celebration so we will start everything in Jan...

I will keep posting news. :-)

If anyone already passed for something similar what I'm going to, I will love to hear about! :-)

Thanks again for all help..

Cheers,

[Gary and Alla 3,694]

As long as you have no visa overstays it doesn't matter if you say you "lived" here or not. You were not a permanent resident, it does not mean you do not have a "residence" I own a residence in Ukraine but am not a permanent resident. Do I "live" in Ukraine? Sometimes.

[mrs. wife! 3]

Just a thought... Why dont you guys get married in Brazil? If you are afraid they will deny, maybe if you are already married it would help.

Oh guys..

Thanks so much for the advices, I really appreciate....

It's what I had in my mind, just show them that it doesn't turned in a close relationship after I get my visas denied, that it always was a real relationship.. what is true.. so no fear to proof

We just don't have too much photo in US, it because it was kind of our day by day life... but I think a few letter from our friends telling how they met us and how we use to be in US and show our trips together may help..

Thanks for advice to I consider front-loading the petition with all evidences to be part of the official records. make sense! :-)

One thing that always I don't know if I can or I can't say...

"Living in US" with a non-immigration visa is unlawful... I say that i wasn't, but at the end of the day, none stay 90% of the year in a country and is not really living there, so at the end of the day I was living there, even I was coming back and forth all the time to renew the visa stay...

They asking if "I was living" in US that time, if I saying YES, in fact the main reason that "I was living there was her", does it count at negative, positive or doesn't matter? (since [i think] they can't punish something that in the "paper" you didn't do])

I mean, I didn't overstay, but at the end of the day none in the officer are fool, they imagine that i was living there.

Attaching all my entries to US and the time that I staid there in the petition (before get my visa cancel) do you guys think that it counts to show a "bona fides"?

Or is better to forget this subject and just bring up if they ask?

She's coming for new years.. it will be kind of double celebration... new year + engagement celebration so we will start everything in Jan...

I will keep posting news. :-)

If anyone already passed for something similar what I'm going to, I will love to hear about! :-)

Thanks again for all help..

Cheers,