K1 visa after a B2 refusal

[EllaC 190]

I have started a topic "Ok, a piece of advice, please?", but no one has replied. I'm so nervous. I need help, please, take time to read this. And you can tell me if I'm paranoic or not. I promise I won't take it as an offense. Your replies would be highly appreciated. Thanks!!

I have a little situation here, so I'm just going to tell you how it is. I really hope you'll have the patience to read and maybe help me with an answer.

Here's what happened. My fiance and I are from Romania. He and my cousin graduated from the same university. So that's how I know him. We started talking online back in 2006, but just as friends at first. Our romance started in June 2007. Since then, we've seen each other 5 times(twice per year). We'll meet again this summer, he comes to Romania to visit me. Everything is perfect, we have lots of evidence.

The thing is, in August 2009 I applied for a tourist visa, but I was denied. Twice. At this point it will not affect my K1 visa. But there's more to come: My current fiance, was the one to send me an I-134 Affidavit of Support. In August 2009 we were just boyfriend and girlfriend. He only proposed on the 14th of March, 2010. So in August 2009 he wrote on the I-134 that we are "family friends" and I wrote on the DS-156(Nonimmigrant visa application) that he is a family friend. We did it because we were convinced I would be denied if we tell them we're together. I was denied anyway. On the DS-156 form, which they kept, I wrote his name and his address as the address where I would have stayed. The CO asked me a final question: Is he married? And I said: No. Then she probably figured what type of family friends are we. And she told me that for students it's hard to qualify for a tourist visa and "Please, come back later when you can show more ties to Romania"(or something like that). It's not like I hid something important, like an engagement or a marriage. We could say we weren't ready to commit to a K1 at that time because of the little time spent together - In August 2009 we only met 3 times(compared to a normal relationship) and he was just a Permanent Resident at that time. But we did love each other.

Do you think that we'll encounter any issues at our interview? We're going together. We have lots of proof for our relationship. And if they ever ask us, the fact that he sent me an I-134 in August 2009 for a tourist visa could be used in our favor. You know, like a: "See? In August 2009 we wanted to spend even more time together to decide if we commit to a K1. Which we eventually did."

Please, help me. My fiance says we have no reason to be afraid. He's confident. He's sure we'll be fine. Maybe I'm paranoic, but I just need your opinion about this.

Thank you so much!

ELW, a great member of VisaJourney, has already given her advice. She really thinks it's going to be a smooth sailing for us and she made me see the positive side of that denial! So thank you, ELW!!

I'll be waiting for your replies. Thanks again... in advance!

Good luck to us all!

[Eric & Lizeth 0]

Let me see if I have your story straight...

You applied for a tourist visa back when you and your fiance were just "boyfriend/girlfriend" but you were denied because they might have had a fear that you'd be a flight risk. Usually, when denials for tourist visas stem from not being able to show more ties to your country, they are concerned that you might not have considerable reasons to return back to your country.

I would have to agree with your fiance at this point and say that you don't have anything to worry about. Just because you were denied tourist visas in the past doesn't mean you'll automatically be denied for your K-1. The consular handles each type of visa differently. The fact that you used him as a sponsor on your I-134 when he was still your boyfriend shouldn't complicate the process by using him now as your fiance. I don't see how the consular could look back on the past and assume that you're up to something shady.

It's my opinion that as long as you meet the requirements of the K-1 and present substantial proof of your relationship as being genuine and honest, I don't see where you will have anything to worry about.

Good luck on your Visa Journey!

[katie & sifa 25]

I wouldn't worry too much. My (now) husband applied for a student visa back when I first moved back to the states & I was on some of his forms (including using my address as his residence while in the states.) He did not list me as his girlfriend at the time and he was approved for the K-1 without question. Just be honest on the forms that you have applied for a visa and been denied before & you will likely be fine

[EllaC 190]

Wow, thank you for your replies, Eric & Lizeth and Katie & Sifa!! I will be honest on the forms, that's for sure!

Thank you for your answers and thank you for taking the time to read this. I'm aware it was a long post, maybe even boring.

Edited July 3, 2010 by Sunshine13