Question regarding previous denial of visa

[Snipe 21]

So yesterday I sent I-130 on the mail, yey!
So now as my mind starts to wonder on what to do after a week of non stop work on it I am beginning to worry about something.

My wife (the person I filed I-130 for) applied for a tourist visa on June and she was denied based on the usual lack of evidence and proving she wont stay illegally) they asked her how long she knew her boyfriend and she said about the right time. However by the time she was in embassy I was her fiance (had proposed some days before). Nowhere did she really have a chance to mention I was her fiance. Furthermore when she first did tourist visa application she did not list me as her fiance. I think it was some option somewhere.

So my question is this, when the time comes for interview, will this be an issue and if so how to prepare for it. I'm scared she will be nervous and worry about that or that it could be a problem. I was also thinking of talking with congressman to maybe find out more details on why she was denied to either try to apply for another tourist visa (or is it smarter to not do it since we filed for i-130?) or simply to have an explanation incase it comes up when interview comes. Or will it be counterproductive to try to talk to congressman about it?

My main concern is her getting the CR-1 as soon as possible and without problems. Even if it means not re-applying for tourist visa or whatever. But ideally that would be great. I Just dont want her to have 2 denials of tourist visa bring up questions during interview. I want her interview to be as smooth as possible.

Thanks for your help and FYI she is Russian and this was all at Moscow embassy!

Edited August 28, 2013 by Snipe

[NikLR 13,227]

Tourist visa denials don't have any impact on the CR1 process unless they were denied due to misrepresentation. I assume your wife isn't banned?

[dwheels76 5,468]

So yesterday I sent I-130 on the mail, yey!

So now as my mind starts to wonder on what to do after a week of non stop work on it I am beginning to worry about something.

My wife (the person I filed I-130 for) applied for a tourist visa on June and she was denied based on the usual lack of evidence and proving she wont stay illegally) they asked her how long she knew her boyfriend and she said about the right time. However by the time she was in embassy I was her fiance (had proposed some days before). Nowhere did she really have a chance to mention I was her fiance. Furthermore when she first did tourist visa application she did not list me as her fiance. I think it was some option somewhere.

So my question is this, when the time comes for interview, will this be an issue and if so how to prepare for it. I'm scared she will be nervous and worry about that or that it could be a problem. I was also thinking of talking with congressman to maybe find out more details on why she was denied to either try to apply for another tourist visa (or is it smarter to not do it since we filed for i-130?) or simply to have an explanation incase it comes up when interview comes. Or will it be counterproductive to try to talk to congressman about it?

My main concern is her getting the CR-1 as soon as possible and without problems. Even if it means not re-applying for tourist visa or whatever. But ideally that would be great. I Just dont want her to have 2 denials of tourist visa bring up questions during interview. I want her interview to be as smooth as possible.

Thanks for your help and FYI she is Russian and this was all at Moscow embassy!

She can apply for a tourist Visa and many times as she wants that has no bearing on her CR1. But highly unlikely to get one with a denial and no change to her ties to country.

Why ask a congressman. You said you know why she was denied no strong ties. And now you have submitted a I-130 her ties are now to US and her intention is clear to immigrate. So no need to call a congressman.

You said she mentioned you at tourist visa interview. Long as she didn't lie like "no i know no one in the US". She is fine. Don't worry.

You just filed so you are looking at 8 to 12 months for approval through USCIS then another 2 to 4 months at NVC and interview. So buckle up.

[makebalayesarr 9]

Yes the dwheels76 is absolutely and undeniably correct. There's a clear evidence that she wants to emigrate and the consulate officers know as well. So don't make it more difficult for her and for yourself when your petition is approved and she will have to face the same persons whose gonna interview her. Just chill out and let your petition get approved and she will get her immigrant visa. Good luck

[Snipe 21]

Thank you for your prompt responses. I feel much better now! As for waiting I think the first few days will be the hardest but then time will go on fast.

Plus I have these forums to lurk around in and get updates and try to help others

[SarahandTom11412 0]

Hi there!

I'm in a really similar boat, except with a different country--the UK. I'm just starting out in the process, but our intentions are to get married in the UK and file the I-130 for Tom to join me back in America. Tom was denied a tourist visa (per 214, no significant ties to UK) to the US and I'm wondering if that would bear any significant weight on the I-130 decision. Everything I come across says otherwise, but after being through the wringer once you're suspicious about everything that has to do with US immigration.

Best of luck and keep us updated. I'll be following. :-)

[Dwi Riis 0]

Please dont worry about that, I got tourist visa denial before, and It doesnt effect my CR1 application, I got my case completed at NVC and Im waiting for the interview

[SarahandTom11412 0]

That's great to hear! And here I am thinking of all the money we'll need to get immigration help just to get my husband to-be into the US. It's such a nightmare when you think you've got all your i's dotted and t's crossed just to run into another "we should've known that" issue. You guys are really great because the only way anyone seems to be sure of anything is to try and try again. Broke my heart yesterday to hear Tom breakdown in tears when we found out his ESTA would likely not be approved. It really tests your faith in humanity sometimes. Taking a deep breath and resetting--again.

Could someone verify what the difference is between the I-130 and the CR-1?

[Snipe 21]

Yeah everyone said to not worry so I am sure we will be okay. We will tell truth if asked and all should be ok since nothing was done wrong. Anyway for sure when the day comes and she gets her visa I will update this thread for sure just to make anyone feel better who may have the same question.

In reply to your question between the difference between i-130 and cr 1

CR-1 is the name of the visa for an immediate relative (ie: Spouse)

I-130 is just the name of the main form you fill out to.petition for that visa.

Look at the guides for CR-1 visa here at VJ for more info. I'd link you but I'm on my phone hence my bad grammar and style

too addicted to VJ that now I check even on my phone!

Edited September 27, 2013 by Snipe

[SarahandTom11412 0]

Perfect. Thanks for that One day closer!

[Snipe 21]

I promised I would update and so here I am, visa approved! no mention of previous tourist visa during the short 5 minute interview so there is nothing to worry about. we did mention it in the ds260 but the interviewing officer didnt even mention that so I guess everyone is right do not worry as previous tourist visas dont affect the process

[NikLR 13,227]

I promised I would update and so here I am, visa approved! no mention of previous tourist visa during the short 5 minute interview so there is nothing to worry about. we did mention it in the ds260 but the interviewing officer didnt even mention that so I guess everyone is right do not worry as previous tourist visas dont affect the process

Congrats!