New to VJ and looking for advice

[Amulan 0]

My bf recently got denied for a B2 visa. The CO told him that someone had already applied for him. He told them that his mom applied (I-130) but due to health and financial reasons she withdrew the application. He wanted to show the CO the letter from USCIS showing that the application was withdrawn in 2012 but she no you're not eligible for a visa. Going forward we would like to apply for a K1 visa, what are our chances now since (1) his I-130 was withdrawn by his mom and (2) he was recently denied a B2 visa? Thank you for any advice on how we should proceed.

[msbau764 245]

My bf recently got denied for a B2 visa. The CO told him that someone had already applied for him. He told them that his mom applied (I-130) but due to health and financial reasons she withdrew the application. He wanted to show the CO the letter from USCIS showing that the application was withdrawn in 2012 but she no you're not eligible for a visa. Going forward we would like to apply for a K1 visa, what are our chances now since (1) his I-130 was withdrawn by his mom and (2) he was recently denied a B2 visa? Thank you for any advice on how we should proceed.

it has no effect.

[Amulan 0]

Ok. His denial for the B2 visa was 2 weeks ago, how long should we wait to apply for K1 visa?

[msbau764 245]

Ok. His denial for the B2 visa was 2 weeks ago, how long should we wait to apply for K1 visa?

was his mom trying to immigrate to the US? Tell me more about her specific application. Regardless, it has no effect; however, the circumstances regarding the moms petition could lead to additional questioning.

[Amulan 0]

msbau764 thank you for responding...I appreciate it.

His mom is a green card holder and petitioned for him and his siblings. However their dad got really ill and most of the finances went to his medical treatment. She decided to withdraw the application 2yrs ago because she figured at the time she won't be able to show proof of financial support.

We have known each other for 3yrs with on and off communication. We recently met and rekindled our relationship four months ago and have decided that we want to get married. I suggested that he should apply for tourist visa to come visit thinking he would be approved since he owns his own business, is in good standing and has strong ties to return after the visit. The B2 visa process took some time but he wanted to visit over the Christmas holiday and then return. My intent was to apply for a K1 visa in January 2015 after his visit. BUT now with the recent denial I don't know if I should put in a K1 application so soon. Not certain if the time frame is too short and I would like to do everything correctly and not jeopardize anything.

[msbau764 245]

msbau764 thank you for responding...I appreciate it.

His mom is a green card holder and petitioned for him and his siblings. However their dad got really ill and most of the finances went to his medical treatment. She decided to withdraw the application 2yrs ago because she figured at the time she won't be able to show proof of financial support.

We have known each other for 3yrs with on and off communication. We recently met and rekindled our relationship four months ago and have decided that we want to get married. I suggested that he should apply for tourist visa to come visit thinking he would be approved since he owns his own business, is in good standing and has strong ties to return after the visit. The B2 visa process took some time but he wanted to visit over the Christmas holiday and then return. My intent was to apply for a K1 visa in January 2015 after his visit. BUT now with the recent denial I don't know if I should put in a K1 application so soon. Not certain if the time frame is too short and I would like to do everything correctly and not jeopardize anything.

one of the main reasons for his tourist visa denial is that his mom tried to petition for him to "permanently reside" or "immigrate" to the US. this shows that he is a likely candidate to live in the US, or that his intent is to live there. tourist visa applications must show strong 'ties' to their country and are automatically assumed to want to immigrate and have to prove otherwise. His mom's rescinded applications demonstrates that he has more motives than just to visit. The excellent news for you is that the K1 visa assumes intent to immigrate. no ties to home country are needed. the real question would be if he is going to marry you upon arriving in 90 days and isn't using you to go to the US. Your relationship to him is what will factor in your application, not a visa denial.

How long have you guys dated? do you communicate frequently? when was the last time you saw him? those are the things that matter. maybe, just maybe a CO could question why he is applying for a K1 to marry you after a B1 visa denial, in that they could reasonably assume he wants to be with his mother instead of with you. that risk to me is minimal, provided you include all the evidence of your relationship. It really has no effect.

edit: I just read that you have known him for 3 years with on and off communication. You are good to go. If you really want to strengthen your application a wee bit more visit him once more before filing; however, you meet all the requirements and shouldn't have a problem if you file now.

Edited December 12, 2014 by msbau764

[TBoneTX 45,319]

Welcome to the forum.

[Darnell 8,478]

for a K-1, to file the I-129F petition,

must have met face to face, in person, within 2 years of the I-129F filing date. If you've not done that, you should ! [meet face to face]

[msbau764 245]

for a K-1, to file the I-129F petition,

must have met face to face, in person, within 2 years of the I-129F filing date. If you've not done that, you should ! [meet face to face]

yeah, I am assuming when she said recently met him again "4 months ago" she meant that she saw him person. If not, then she definitely needs to go see him.

[Amulan 0]

Thanks for clarifying why the tourist visa was denied.

Yes we met again in August 2014 after initially meeting in 2011. Been communicating daily and decided we want to be together long term. I do believe that I have a good judge of character and I won't marry him if I feel his intentions aren't genuine. I do understand these days you have to be cautious because most have a hidden agenda. I'm planning to visit him again in January since he won't be coming here for the holidays. Then file K1 upon my return.

Thanks everyone....I feel much better & can now resume breathing lol!!!

[Amulan 0]

TBoneTX thank you for the welcome comment . Glad to know that I'm not alone in this process and others been through the headaches as well and can give advice.

[Pitaya 2,577]

Welcome to the forum.

[raven52 233]

Great idea visiting him one more time in Jan. '15.,. then I think I would have a real good cover letter, not too much detail, just the facts, when you file your K-1..,., should be no problem.,.,.just try to keep from marrying and then having to file I-130.,.,.,then you could have 12-16 months of a wait instead of 4-6 months for K-1.

Good Luck, provide all the info. you can! Cover letter.

[MariaLD 8]

My bf recently got denied for a B2 visa. The CO told him that someone had already applied for him. He told them that his mom applied (I-130) but due to health and financial reasons she withdrew the application. He wanted to show the CO the letter from USCIS showing that the application was withdrawn in 2012 but she no you're not eligible for a visa. Going forward we would like to apply for a K1 visa, what are our chances now since (1) his I-130 was withdrawn by his mom and (2) he was recently denied a B2 visa? Thank you for any advice on how we should proceed.

it has nothing to do with that, u can petition ur fiance without any problem, many K1 visa were aprooved after visitor or other denied visas