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MarklovesAmy

Will this be a problem?

By MarklovesAmy in K-1 Fiance(e) Visa Process & Procedures

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* Kristin * Rising Star

* Kristin *   49

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Did she get the student visa and overstay or something?

If everything is all in line - then no - no problem at all!

My fiancee applied for a student visa in June of 2010 and now we are applying for the K1 will this be a problem at her interview?

All opinions will help...

Thank you!!

K1 Journey
11/2006...... met for the first time on a night out in London!
11/25/07..... I moved to the UK on a work visa to be with him 🙂
02/27/09..... he proposed!
08/30/10..... sent I-129F
09/02/10..... NOA1
01/27/11..... NOA2 (147 DAYS from NOA1)
03/22/11..... INTERVIEW! (201 DAYS from NOA1) - APPROVED! --> Read the review here!
03/25/11..... visa received!!!
06/09/11..... POE LAX!! --> Read the review here!

AOS Journey
07/22/11.... SSN received
08/27/11.... our wonderful wedding!!
09/23/11.... sent AOS package
09/25/11.... AOS package delivered in Chicago (7:33 p.m.)
10/10/11.... AP rejection letter, refiled 10/17
10/11/11.... NOA1 received via text & email (AOS + EAD only)
10/15/11.... hard copies of NOA1 for AOS + EAD received (dated 10/7)
10/17/11.... refiled AP
10/18/11.... successful biometrics walk-in, Santa Ana, CA (appt for 11/1)
10/20/11.... NOA1 for AP
12/12/11.... call in to USCIS. Told to call back after 12/26.
12/23/11.... I-765 approved
02/1/12...... Interview
02/02/12.... Approved!
02/10/12.... Hubby's GC in hand!

 

ROC Journey

12/09/13.... sent I-751 to CSC

12/10/13.... package delivered / NOA1

12/12/13.... cheque cashed

01/06/14.... biometrics

04/18/14.... approval letter dated (received 4/22)

 

Naturalization Journey

09/29/22.... filed N-400 online

09/30/22... NOA/biometrics reuse

01/23/23... interview scheduled for 02/28 

02/28/23... successful interview + oath ceremony in Santa Ana, CA! so proud! certificate of naturalization received! --> Read the review here!

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fazmo Explorer

fazmo   24

Posted
Filed: Country: Ethiopia
 Timeline
Posted

Yes it is a problem since it will trigger a red flag. The CO officer may assume (he/she WILL assume) that since the student visa was unsuccessful, this is another attempt to go to America and not a legitimate marriage/fiancee visa. You will need to have a substantial evidence to counter that assumption and convince the consular office your relationship is genuine. In other words, you need to have more evidence that the average person. It is always something that you can overcome - provided the relationship is genuine.

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C Med Enthusiast

C Med   14

Posted
Filed: K-1 Visa Country: Ireland
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Posted

her student visa was denied in 2010 and now were doing the K1 will this be a problem at her interview?

I think it depends largely on the reason why her visa was denied. Was she denied for insufficient ties to her home country? Was the visa not applicable to her planned course of study? Was she told that she didn't qualify for the visa for any other reason? I think that as long as your relationship is genuine, and you have supporting documentation for that relationship (especially prior to the visa denial) then you should be ok. I don't think that the denial of the student visa will be a factor when considering her for the k1, but again, this depends on WHY the visa was denied. Hope this helps and best of luck! :star:

December 2nd, 2011 - AOS Packet sent

December 8th, 2011 - Received electronic NOA1

January 3rd, 2012 - Received notification that case has been transferred to CSC

January 4th, 2012 - Biometrics

February 11th, 2012 - Employment Authorization Card received

February 25th, 2012 - Social Security Card received

August 24th, 2012 - Green Card Received

August, 2014 - I-751 sent

August 2014 (two weeks later) - NOA1 Received

March 2015 - RFE Received

May 2015 - RFE Packet Sent

July 28th - Letter received for interview

August 13th - Interview (GC Pending)

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