student visa rejection

[dkrivosheyev 0]

This is an issue that seems pretty simple on the surface, but where there are a few potential pitfalls, depending on precise details of the situation.

For example, while it's easy to say that her intent was to enter the US as a student to study, if the relationship with you pre-existed that application and she mentioned that fact, it would add to the sense of her intent being to enter the US and remain - quite possibly enough to cause a denial of that visa. It could also impact the K-1 visa application since it is possible (not certain by any means, but possible) that the previous visa application, coupled with the subsequent K-1 process could be seen by the consular officer as her seeking a visa to live in the US rather seeking one to marry you.

Much depends on the fine details of what was in the previous application, what she said and why she was denied.

In the broad sense, and leaving aside those questions, there is no real problem with having a previous non-immigrant visa denied (if it's on the basis of insufficient ties to the home country as opposed to the other forms of ineligibility) in the context of a subsequent K-1 application. There would almost inevitably be details of the prior visa application available to the consulate so it must be declared and would likely cause one or two questions during interview, but since a K-1 is issued to those who demonstrate clear immigrant intent, the fact a prior visa may have been denied for that very reason is not an obstacle as long as all the details are openly declared, and there are no other issues not included here.

I think apgk mentioned that his girlfriend did not put him down as her fiance on her F1 visa application. I am sure the record of her applying for F1 visa will be available for the officer during K1 interview, and few questions may be asked. She just needs to explain that her main intention was to attend the college program, not to visit her boyfriend. What kind of program was she enrolled into? Is there some paperwork to back up her intention (letters from college, communication between her and the college, etc?). In our case my fiancee has a number of letters from her professors stating that she was a good, motivated student really interested in studying. The officer needs to be convinced that her intention was to study, and to meet you was only a "secondary" intention.