will B2 denial affect K1 process

[dee4dub 0]

Hi everyone,

i thought i would share my concerns with everyone to help ease my anxiety.

i was sent over to the US on a E-2 work visa October 2013 - this is where i met my now fiancee. my work decided to send me back to Australia in August 2014 - my girlfriend at the time came back to Australia to stay with me for three months as she wasn't working until winter (in US).... after much research we decided that we would apply for the B2 tourism visa which seemed to be the only appropriate visa at time. i went to the interview and i told the truth why i was going back to the united states. The CO asked me why i was going to the united states and i replied with "My girlfriend is a US citizen and a ski instructor so we are going back to Utah to do the season and travel through some states and return back to Australia in oct 2015 - he asked me if i had a visa previously and i told the truth about everything - He then denied my visa application saying i had applied for the wrong visa? i was so upset as my now fiancee was nearing the end of her visa here in Australia and i couldn't go back with her... So after a week of discussion we decided that we wanted to spend the rest of our lives together and we got engaged before she flew back.... we are now filing for K-1 visa but this will take 6 months.... she is coming back to visit me in April 2015 for 2 months, but i am filled with anxiety to the point of almost having panic attacks.. has anyone else had a similar experience - I'm 32 years old and never been married, i finally found the love of my life and i feel like it someone is trying to take it away from me ..

regards,

[Pinkrlion 2,724]

Nope, my husband was turned down for a student visa. They just ask about it on application. They never brought it up in interview.

[dee4dub 0]

Thank-you,

we have hired an immigration attorney to help us with the process... fingers crossed everything go's smoothly

[Boiler 45,579]

Any reason you were not eligible for the VWP?

[dee4dub 0]

yes i was eligible for VWP but i wanted to stay longer than 90 days and we were told off a friend who was in the same situation that B2 was the one that she applied for and received..

[Hypnos 6,576]

Your denial for the B-2 will have no bearing on a K-1, but your denial may jeopardise your ability to use the VWP as you will now have to declare that refusal on your ESTA application.

Edited December 27, 2014 by Hypnos

[dee4dub 0]

im not going to apply for any other visas until my K-1 , it was a horrible experience being denied a visa,this time around i want to make sure everything is exactly in order... that is why we have hired and attorney to do the process for us. it's just upsetting because I'm an honest person and i would never violate any visa that is granted.

[Hypnos 6,576]

Bear in mind that if you wish to visit the US on the VWP whilst your K-1 is pending then you are obligated to obtain a new ESTA in light of your B-2 refusal.

[msbau764 245]

Thank-you,

we have hired an immigration attorney to help us with the process... fingers crossed everything go's smoothly

If for any reason you get frustrated with your attorney take comfort in the fact that you can do it yourself.