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Posted

Hi guys,

I am stressing for the interview....

With my fiancee we met in Nov 2011. I was on a J1 visa who expired at the end of April 2012. I was back in France where I lived and applied for a B2 visa (I didnt have a e-passport back then) in may 2012 for visiting friends in June 2012. B2 visa has been denied in Paris due to a lack of strong ties to France.

At the same time, a US company sponsored me for a H1B visa. I have reapplied for a B2 visa to visit friends and family in dec 2012 (they put 'cancelled without prejudice' on my expired J1 visa) and denied again for the same reasons. And two days later in dec 2012 my H1B has been denied for a change in the work location....

I proposed to my fiance in dec 2013 and we see each other regularly in London (where I live and work) or Europe.

We have tons of picture together, hotel receipts, train tickets, plane tickets...

We have received NOA2 without any RFE and I have never overstayed nor have criminal records.

Do you think that after 2 years these denials could impact on my K1 visa?

Thank you!

AOS Timeline


Adjusting from a K1 visa


NOA - December 27, 2014


Biometrics - January 20, 2015


EAD/AP - March 9, 2015


NPIW - April 20, 2015


GC being produced August 1,2015



Filed: Citizen (apr) Country: Brazil
Timeline
Posted

B2 and H1B denials have nothing to do with your K1 application unless they were denied for fraud or misrepresentation. "Lack of ties" is a reason to deny a tourist, but a good reason to grant a K-1.

Why was your H1B denied?

Posted

No.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

B2 and H1B denials have nothing to do with your K1 application unless they were denied for fraud or misrepresentation. "Lack of ties" is a reason to deny a tourist, but a good reason to grant a K-1.

Why was your H1B denied?

Neither fraud nor misrepresentation. They said 'lack of ties' because I was jobless and paid no rent (of course I was waiting for a job through H1B process).

My H1B should have been amended for reflecting a material change. Thats why it was denied...

AOS Timeline


Adjusting from a K1 visa


NOA - December 27, 2014


Biometrics - January 20, 2015


EAD/AP - March 9, 2015


NPIW - April 20, 2015


GC being produced August 1,2015



Posted

H1Bs aren't denied for lack of ties since they are dual-intent. I have had amended H1Bs, do you know why they denied yours?

No no, lack of ties were for B2 visa denials.

H1B was denied after RFE. It seemed to suggest a technicality as the reason for the denial in that you cant make material changes to the previously submitted petition and the change of worker address (LCA) is deemed a material.

AOS Timeline


Adjusting from a K1 visa


NOA - December 27, 2014


Biometrics - January 20, 2015


EAD/AP - March 9, 2015


NPIW - April 20, 2015


GC being produced August 1,2015



Posted

Whatever the reasons, the two denials have no carryover to deny a K1. That will be judged on if you qualify. London does not even want to see your "tons of picture together, hotel receipts, train tickets, plane tickets..." at the interview.

Read this entire thread in the UK forum http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

Go back to it when you need a refresher on the London process. Forget what people in other countries do. Each is different.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

Thank you both!!

AOS Timeline


Adjusting from a K1 visa


NOA - December 27, 2014


Biometrics - January 20, 2015


EAD/AP - March 9, 2015


NPIW - April 20, 2015


GC being produced August 1,2015



 
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