Tourist Visa Denial - Impact on K-1?

[smoahmad 0]

Hey VJ,

I haven't filed the I-129F petition yet for my fiancé: since I got home in December, our plan was for me to get a job, and him to apply for a tourist visa to visit me this summer, then send the petition together from here. Of course, life doesn't care about plans...

At any rate, my fiancé was denied this week for a tourist visa in Dubai. (His interviewer didn't give a reason, just encouraged him to "apply again" later.) He thinks maybe it was the timing, so soon after the Times Square incident: who knows. It's tough for young men from the Middle East to be granted tourist visas, I know, but he's a UAE citizen with a well-paying job and strong family ties, and we know other UAE male citizens his age who have gotten visas.

I'm just wondering for other people who tried to go the tourist visa route first and were denied, did it have any impact on your K-1 process later? We're just trying to figure out the best course of action. We would consider having him reapply for a tourist visa in a month or two, since he would ideally like to visit the US before the eventual move, but if a (very possible) second denial would negatively impact the success of our K-1 petition at the USCIS or DoS stage, then we'd move forward with the K-1 petition now.

Any thoughts or advice? Would greatly appreciate feedback!

Thanks!

[Hopeishere 4]

Im wandering on the same lines here, my husband applied for a student visa 10 years ago and not we are wandering if this is going to have any problems with our CR1/IR1 visa. I hope some replys come in. I posted this in another section

Edited May 13, 2010 by Sandra/Ahmed

[Audy_Rob 26]

The denial for a Tourist or B-2 visa will have absolutely no impact on the approval of your petition or success at the Embassy/Consulate assuming the denial was not for something not disclosed here such as some crimes of moral turpitude, etc...

In general it is very difficult if not impossible to get a Tourist Visa to the USA. I am not sure your fiance should even attempt it again. But do not let it stop you from filing the I-129F petition for a K-1 visa. Be completely honest and disclose all visas received and visas denied on the DS-156 when the time comes for the Embassy or Consulate paper preparation and Interview.

A student visa should have the same reasoning again if the denial was for some of the usual reasons like a concern that there would be an overstay or perhaps sufficent funding and support was not demonstrated. Ten years ago was a long time and circumstances have changed. It should not be an issue again if the denial was not for a serious proble undisclosed here.

Document correctly and fully all attempted and denied visas.

[smoahmad 0]

The denial for a Tourist or B-2 visa will have absolutely no impact on the approval of your petition or success at the Embassy/Consulate assuming the denial was not for something not disclosed here such as some crimes of moral turpitude, etc...

In general it is very difficult if not impossible to get a Tourist Visa to the USA. I am not sure your fiance should even attempt it again. But do not let it stop you from filing the I-129F petition for a K-1 visa. Be completely honest and disclose all visas received and visas denied on the DS-156 when the time comes for the Embassy or Consulate paper preparation and Interview.

A student visa should have the same reasoning again if the denial was for some of the usual reasons like a concern that there would be an overstay or perhaps sufficent funding and support was not demonstrated. Ten years ago was a long time and circumstances have changed. It should not be an issue again if the denial was not for a serious proble undisclosed here.

Document correctly and fully all attempted and denied visas.

I wasn't sure how worthwhile it would be to try again for the tourist visa: now I now, next to nil. So onward with K-1 petition, and make sure we document his tourist visa denial when we get to DoS and the DS-156.

Thanks!

[Audy_Rob 26]

I wasn't sure how worthwhile it would be to try again for the tourist visa: now I now, next to nil. So onward with K-1 petition, and make sure we document his tourist visa denial when we get to DoS and the DS-156.

Thanks!

Yes, please be honest and document all. It will not hurt to have been denied. They already know 99% of the applicants are denied.

It will hurt you if you do NOT document it. So please be sure to list everything.

[K and L 27]

In our experience (as L had a failed tourist visa after being forthright about the purpose of the visit to be to visit me and meet my family) was that:

1) We disclosed the B2 denial in the paperwork for the K1 (I don't remember which form asked about denied entry, probably the 156 or 230, but we answered that with "denied B2 visa in July 2009").

2) The didn't need the copy of the B2 denial sheet. The document list for our interview asked for any copies we may still have, but they removed it when we submitted our passport behind the window and returned it to us. It was my observation that they already had a copy of the B2 paperwork in his K1 file already (I recognized the B2 denial letter that was on the right side of his folder). In my opinion, this is because someone along the line just added the K1 to the B2 file. However: we did the K1 at the same consulate where the B2 denial occurred, so if you interviewed at a different consulate, this may not happen.

3) One of the three questions L was asked at his interview was about the attempt to procure a B2 visa. (The other two were: how did we meet, and what is your present career.)

4) We spent far more time discussing my previous trips to Brazil than we discussed the B2 denial. The conversation on the B2 denial in its entirety was:

CO: "I see you applied for a tourist visa last year and was denied. Tell me about it"

L:"Last June, I applied for a tourist visa to visit [K] and meet her family, and it was denied at my interview in July for failure to show ties, and I was unable to visit her in August."

The denied tourist visa did not mean our K1 was denied (it was approved). In fact, it is my opinion that it was just one more piece of evidence showing that we had a committed relationship, as his B2 visa paperwork had my name all over it (sponsoring his trip, the person he would be staying with, purpose of the trip, etc).

As someone pointed out up thread, the two visas are nothing alike. The K1 is treated more like an immigrant visa than a non-immigrant visa (you don't have to prove ties to your home country - you have to prove that your relationship is legit!). As well, from the global statistics for 2009, the K1 has an approval rate of just over 95%, whereas the B visas have an approval rate of 72.6%. Incidentally, my fiancé's B2 denial was from Brazil, a country with a 93% B visa approval rate last year, and we still had no problems getting an approved K1.

Be honest with your denial - they already know about it, and will probably be more suspicious if you do not disclose it.