B1/B2 Denied and however wants to know if that will affect my chances with a K1 visa

[Nitas_man 3,100]

6 hours ago, Pixiedeluna said:

Hey, I didn't check married however there is a section that applies to common law relationship meaning that I was living with my spouse at the time of application. Which isn't a lie, I was living with my spouse but now have moved out and moved on.  My question was basically if the short time frame would indicate a red flag for the K1. Or what visas is best in my case.

In our experience applying for a B visa with a pending application had no affect.  I would venture that a large percentage of couples try that and most get denied.  Who wouldn't.

 

We have all dealt with and done immigration paperwork and referring to a "spouse" who was not a "spouse" in a B visa application to show ties to your home country a few months before a K visa application filed on your behalf by someone else with no reference to a "spouse" hits the same NIV desk where your B application was processed might be a huge flag.  You're having difficulty explaining it here.  Prepare to be able to clearly explain it at your K1 interview.

 

 

[caliliving 606]

what country are you from? how old are you and the new spouse? do you have any alarming red flags?

and i assume when you say 'married' you mean common law and not actually married, right? 

 

[Cathi 5,771]

11 hours ago, Pixiedeluna said:

So I applied for a B1/B2 visa in July. I noted on the form that I live with my spouse which is my now ex boyfriend. I met this wonderful man and we became serious and within 2 months, he visited me and we are trying to take the next step.

 

He wants to apply for the K1 visa for me to come to the United States and get married.

 

or which option do you think will work best in our case? Do u think we should marry here in my home country then apply for a Immgrant visa? Or fiancé  visa? We were working with fiancé visa because it's takes like 6 months.

 

Do u think because of the time frame they will think I am lying??? 

 

I am scared that they will think I misrepresented the info on the form.

 

Please advise on the best route to take. 

 

AD

 

How can you spouse be an ex-boyfriend? Wouldn't that make him an ex spouse?

[JFH 12,190]

Be careful with your use of terminology. It seems you use the word "spouse" to mean anyone you are in a relationship with, even a casual dating relationship. When dealing with immigration, a spouse is someone to whom you are legally married (or were legally married to in the case of a former spouse). Do not use the word spouse for anyone other than someone you formally entered into a marriage with. 

 

Your timeline may suggest that you could be attempting a "partner shuffle" - breaking up with your boyfriend, quickly entering into a new relationship with an American and applying for an immigration benefit very early in the relationship, only to divorce and marry the original boyfriend once you have a green card and subsequently petition for an immigration benefit for the original boyfriend. I'm not saying you are doing this but it happens a lot and a fast K-1 application soon after a break-up can be a red flag for exactly this reason. 

[Illiria 980]

Does your country even have common law marriage? This is a legal status that exists in some countries notably the US (in some states), some of which require a type of divorce to terminate them. So the American form will be referring to their version of common law marriage which would require a divorce to dissolve. This is bound to be confusing if you have a cultural concept of common law marriage that has no legal standing in your country but when dealing with immigration they tend to take a literal view of things.

Edited October 7, 2017 by Illiria