B2 denied is K1 the right way to go?

[agrabs 250]

My husband was denied a B2 visa twice and we applied for K1 after the denial. The B2 visa denials never came up during the process. While everyone has a different experience with this process, the one thing i found to be consistant is how inconsitant it is. We had a couple of things with our case that everyone said would be a red flag and would be a problem and none of them ended up being an issue. I did attend my husband's interview with him so maybe that was the difference. Have lots of evidence of your relationship and be prepared to answer any questions that may come up and apply when you are ready. Research the consulate forum for your country specifically and read the reviews. Somethings are more important for some countries and others.

[Unidentified 2,930]

My husband was denied a B2 visa twice and we applied for K1 after the denial. The B2 visa denials never came up during the process. While everyone has a different experience with this process, the one thing i found to be consistant is how inconsitant it is. We had a couple of things with our case that everyone said would be a red flag and would be a problem and none of them ended up being an issue. I did attend my husband's interview with him so maybe that was the difference. Have lots of evidence of your relationship and be prepared to answer any questions that may come up and apply when you are ready. Research the consulate forum for your country specifically and read the reviews. Somethings are more important for some countries and others.

The issue is not that he got denied, that won't effect his K1. What will effect his K1 is how soon after the denial that he applies for the K1. If it's too soon (he got denied 9 days ago and thinks about apply within the next 7 days) that's a red flag.

[Pennycat 880]

My husband was denied a B2 visa twice and we applied for K1 after the denial. The B2 visa denials never came up during the process. While everyone has a different experience with this process, the one thing i found to be consistant is how inconsitant it is. We had a couple of things with our case that everyone said would be a red flag and would be a problem and none of them ended up being an issue. I did attend my husband's interview with him so maybe that was the difference. Have lots of evidence of your relationship and be prepared to answer any questions that may come up and apply when you are ready. Research the consulate forum for your country specifically and read the reviews. Somethings are more important for some countries and others.

Did he lie about the fact that you were romantic partners? This poster was asked point-blank if the friend he intended to visit was his girlfriend. Yes or no answer. He said no. And then 5 days later he applies for a fiance visa with this "not his girlfriend" named as the fiance?

When he fills out his DS-160 for the K1, it asks if you've ever been denied a US visa before. I don't know for sure but I would highly suspect that if you answer "yes", they go and look up that record, just to see why. So, they'll see the B2 application with "Susie Smith" filled in as the friend he's staying with (and possibly interview notes highlighting that she's not a girlfriend? Unsure), and wow, "Susie Smith" is the petitioner for the K1 and it was filed within a week of the B2 denial when she was "not a girlfriend".

These people are not only not stupid, they are very smart (it is one of the most highly competitive job application processes in the country), they have a lot of information and resources at their disposal and oftentimes, it comes down to sheer trust. If you get caught in lie, that trust could be gone for good. Applying for a K1 just days after a B2 denial, after having lied to the CO's face on a very straightforward question is likely not the best course of action.

[Unidentified 2,930]

Did he lie about the fact that you were romantic partners? This poster was asked point-blank if the friend he intended to visit was his girlfriend. Yes or no answer. He said no. And then 5 days later he applies for a fiance visa with this "not his girlfriend" named as the fiance?

When he fills out his DS-160 for the K1, it asks if you've ever been denied a US visa before. I don't know for sure but I would highly suspect that if you answer "yes", they go and look up that record, just to see why. So, they'll see the B2 application with "Susie Smith" filled in as the friend he's staying with (and possibly interview notes highlighting that she's not a girlfriend? Unsure), and wow, "Susie Smith" is the petitioner for the K1 and it was filed within a week of the B2 denial when she was "not a girlfriend".

These people are not only not stupid, they are very smart (it is one of the most highly competitive job application processes in the country), they have a lot of information and resources at their disposal and oftentimes, it comes down to sheer trust. If you get caught in lie, that trust could be gone for good. Applying for a K1 just days after a B2 denial, after having lied to the CO's face on a very straightforward question is likely not the best course of action.

Yes they do look up previous denied visa's as well as asks about details about approved visas. I was asked about my previous J1 and F1 visa's in correlation to when me and my now husband met. So yes, it will come up and if he files now... it won't be pretty.

[reazon 2]

Ok so the conclusion is gather evidence, prepare and submit after next face to face.

Thank you everyone who shared anything, it is very helpful.

[Pennycat 880]

Ok so the conclusion is gather evidence, prepare and submit after next face to face.

Thank you everyone who shared anything, it is very helpful.

Yes. And if they ask you when you became romantically involved (which they might not), you should figure out a way to address the discrepancy. You should not maintain that lie, but you should be prepared for them to ask and notice, just in case. I do not think that they will harp on it too much if you wait until after your next face to face. But bottom line: don't lie to these people. It will always cause more problems than it will make things easy.

[reazon 2]

Thank you Catharine!

[HFM181818 750]

this very common strategy with which to fool COs (I'm gonna visit a 'friend' ) has been seen so many times that seasoned COs will have a hard time keeping a straight face....do any of you really believe that COs are that naïve? A moderately experienced CO will have interviewed upwards of 10,000 applicants over the span of 1-2 years...how many times do you think they have seen/heard this particular 'story?'.....

In one respect, multiple denials of tourist visas could actually be helpful when dealing with the K1....if....if the applicant/beneficiary applied for B2 visas (or the ever popular F1, for ESL, sponsored by a 'friend'!!....really??) to visit with the person who is their American fiancé, as it suggests (not with a 100% certainty, but a lot) that this relationship is not necessarily casual or for other reasons).....

But for those foreign fiancés who have applied for B2s numerous times, each time listing a new reason for going, a new person to visit, etc, are actually making an eventual K1 application subject to even more scrutiny, because the beneficiary has yet to establish his/her credibility....and credibility does not repair itself overnight....just a thought for those who think they are far more clever than an experienced CO...

Edited October 19, 2015 by HFM181818

[reazon 2]

Oh yeah, totally right, what do u think of this situation?

Will they "mind" that fact when I apply for a K1 3month from denial?

I am not going to re aply for a b2 again, that was a mistake in the first place.

Edited October 19, 2015 by Stjepan

[HFM181818 750]

no, they will expect it, and believe that they made the right decision when they denied your tourist visa application!

[reazon 2]

Thank you kind sir!

[dee4dub 0]

The Exact same thing happened to me. I thought the B2 visa was the way to go and got denied because i was going with my girlfriend. i later entered on the K1 visa. They didn't even bring up the B2 denial in my K1 interview!! you should be fine. I would speak to an immigration attorney though . Thats what we did and they helped a lot. I am currently in the U.S waiting for my Green Card.

[reazon 2]

Hm ok, good to hear We are not alone,

Can u share some things your immigration lawyer hinted u, if we decide not to use one.

Thank you!

[dee4dub 0]

I would also add that my B2 visa was denied on December 1st 2014 and i entered the USA on May 7th 2015! we basically went for the K1 visa straight after the B2 denial. No questions were asked! all in all it was a smooth process. We used an immigration attorney to speed up the process. And also to make sure all of our forms were filled out correctly. If you make any mistake on the forms, it could cost you months!! it was expensive but it was peace of mind for us! they do all the work for you. I guess you could do it yourself if you wanted to. but i would suggest at least having a consultation with one to see where you stand! we used www.kvisas.com and our consultant was yvonne. She was very helpful.

[reazon 2]

We might just do that, that was helpful.

Thx for Sharing.

Better be safe than sorry.