Advice on our application

[MikeAndMolly 1]

Hello all.

Very new to the forum and firstly wanted to say what an excellent job you all do in providing opinions, help and support to all concerned.

I was just interested in other peoples opinion of mine and my fiancés case.

I am 24 years old, born and raised in England. I arrived in the US (Kansas City) on the 31st May 2013 on a J1 Visa. While out in America I met my fiancée who is 25 years old. We began our relationship on the 27th July until I left on November 8th.

During this period I met all of her family, had many pictures with her family and also visited my brother in New Jersey who is at college there so he could meet her aswell. Again this was all before we got engaged.

I proposed to my fiancée on November 7th 2013

Whilst out in America I had an opportunity to go to college, unfortunately it was too late to change the status of my Visa. This process occurred before I proposed. My advice from the college was to come home and reapply for an F1 visa, I had my interview towards the end of November and unfortunately it was rejected under section 214b.

This was before me and my fiancée even knew about the K1 visa. At the time I had very genuine plans to attend college in the United States and continued with those plans after out engagement until the F1 refusal.

After doing some research and discussing wether we wanted to live in England together or in America we decided to pursue the K1 visa and applied on the 20th December 2013. We have received our NOA1 and currently waiting for our NOA2.

Since then she has just returned from a visit to England where she met all of my family. I was hoping to visit her for the whole of March where I could get time off work but unfortunately my ESTA was denied, obviously because of my F1 visa denial.

A couple of questions...

1. In your opinion is it worth applying for a tourist visa (I have a very respectful job for the English government and can easily show when I am due back at work, the same job I returned from my J1 visa for) Me and my fiancée would never do anything to jeopardize our K1 visa. But I wonder how immigration will view it.

2. What is your opinion of the chance of our k1 success (As honest as our situation is, I totally understand certain red flags in regard to our case) There are no issues in regard to any other aspect of the application.

Any help and advice would be greatly appreciated. As I am sure you are all aware how stressful this situation can be.

Thankyou again

[Nich-Nick 3,354]

1. No.

2. Pretty good.

Just opinions.

[christeen 966]

As far as the tourist visa... I would certainly try... Bring proof of ties to the UK, lease n home, employment letters, bank statements and go for it... It's $160 and with good proof you might get one?

As far as the k1, unless there are some issues you have not said, I see no obvious red flags... Denials of tourist or other non immigrant visas due to implyed immigrant intent (214b) have no bearing on your K1

[volkditty 23]

You absolutely can apply for a tourist visa. If you can show strong ties to England and that you will return, there's no reason it should be denied.

What do you consider to be the red flags in your case? I don't see any in what you wrote, or any reason why your K1 wouldn't be approved.

[MikeAndMolly 1]

What do you consider to be the red flags in your case? I don't see any in what you wrote, or any reason why your K1 wouldn't be approved.

I am probably being paranoid, but it is the fact I had an F1 refusal so soon after my return to the UK.

Thank you very much for all your replies so far.

[volkditty 23]

I am probably being paranoid, but it is the fact I had an F1 refusal so soon after my return to the UK.

Thank you very much for all your replies so far.

Won't be a problem. An F1 visa is temporary, they just didn't have enough proof that you would leave at the end of it. With a K1 visa, the whole point is that you are coming to stay, so the earlier refusal won't affect you negatively at all.

[baron555 934]

1. In your opinion is it worth applying for a tourist visa (I have a very respectful job for the English government and can easily show when I am due back at work, the same job I returned from my J1 visa for) Me and my fiancée would never do anything to jeopardize our K1 visa. But I wonder how immigration will view it.

No harm in trying, only potential is lost money. Will not affect the K-1 process.

2. What is your opinion of the chance of our k1 success (As honest as our situation is, I totally understand certain red flags in regard to our case) There are no issues in regard to any other aspect of the application.

Way more than 90% chance of being approved.....more likely around 99%.

[Nich-Nick 3,354]

I am the only no to "is it worth trying for a tourist visa?". Didn't have time to explain earlier.

Reason that is my opinion is I see time after time on here (almost 6 yrs) where tourist visas are denied in London with little discussion. It's a visa waiver country and they don't hand out tourist visas easily because most UK citizens should be eligible for VWP. Maybe if you had a very compelling reason like medical treatment you could only get in the US or business purposes. But to visit a fiancé and previous visas denied ....well there is reason to think you might have immigration in mind. Anyway if you don't mind a trip to London and losing the fee, try it. I was surprised myself when I found so many didn't get approved in London. Would love to hear a positive experience.

Your K1 isn't influenced by the other visas. If you meet the requirements...fiancé earns enough, no health issues, clean police record, etc...then it should be a cake walk.