k1 visa Help! Will b2 Visa Denial Affect K1 Visa

[Indiknight 0]

Hello,

 

As I will be traveling back to the US soon, I need some advice as soon as possible. Please see below for the details of my case. The main thing I want to know is will this  affect our chances of getting a K1 visa? Should I change the dates of me returning home or not return home at all this December? This would show a complete disconnect between her trying to visit the states with me. I appreciate any help!

 

General Information:

·       We met in May of 2016.

·       Started dating August of 2016.

·       I have lived and worked in China since December 2015.

·       We are the same age. 

Applied for B2 Tourist Visa in October of 2017

·       Status: Denied

·       Applied for B2 tourist visa from Dec 14^th to January 3^rd.

·       Applied strictly as a tourist with no point of contact the states

·       Booked her hostels in the two cities she was supposed to travel to, which shows her intent to travel solo (Have documents)

·       Why we didn’t mention me?

o   Didn’t include me as a contact because I live and work in China; I don’t have a US address or phone number anymore.

o   It was still not clear whether or not I could get the leave to come home.

Applied for B2 Tourist Visa in November of 2017

·       Status: Denied

·       Applied for B2 Tourist visa from Dec 18^th to Dec 28^th

·       Received an invitation letter from our mutual friend

·       She met our friend while their family traveled to Shanghai in June of 2016.

·       She met them by acting as their tour guide for the week.

o   She met them through me, although we did not make this clear on the application.

o   I sent her to meet them and act as their tour guide (never mentioned).

·       She was invited by our friend and his family to spend the Christmas vacation with them.

·       Why we didn’t mention me?

o   Didn’t include me as a contact because I live and work in China; I don’t have a Seattle address or phone number anymore.

o   It was still not clear whether or not I could get the leave to come home.

Things to Point Out:

·       My current planned trip home is planned from Dec 14^th to Jan 3^rd, which coincides with her first visa application. Maybe this will look too suspicious?

·       We wanted her to go and visit America before deciding to potentially move there.

·       My leave to return home was approved after both of her interviews.

·       I returned home last year from Dec 14^th to Jan 3^rd.

·       We are currently not engaged.

Possible Solutions:

·       Change the dates of my tickets to show the disconnect between our trips?

·       Don’t return back to the States at all (this will ruin my Christmas and New Year). This will show that she was not trying to visit with me?

[JE57 239]

Applying for a tourist visa will not hurt your chances of getting a K-1 Visa unless she misrepresents her intent.  She has ALREADY misrepresented her intent twice! Her intent to go to the USA was because of you a USC whom she was in a relationship with and was not mentioned on the application.   You tried to justify not mentioning you for a whole bunch of reasons but it seems the real reason she didn't mention you is because you believed this would result in the denial that she got anyway.   The problem you have now is that you will submit a K-1 application for her and will have to state truthfully when met.. Yes, technically you only have to prove that you met in person in the last two years but you also have to show that you have a genuine relationship and that is where you will have to disclose the fact that you were in a relationship with her when she twice applied for a tourist visa and failed to mention her relationship with you.  

  There is no logical reason that she can not go and visit the USA with you.  She should state that as her intent on her B2 interview.  She should point out that you reside in China and work in China and that you intend to apply for a K-1 for her IF she finds the USA as someplace the two of you would like to settle down.   She will likely be denied again but at least she'll be being HONEST (this time).   This is unlikely to end well for her.  She should should be prepared to explain why she didn't mention you in the past in terms that make some logical sense other than attempting to deceive the officer of her true intention.  Also a 3rd application in as many months makes her look desperate and not mentioning you previously virtually guarantees a denial and she may be looking at a 5 year ban for misrepresentation if she tells the truth now or a 5 year ban when she tells the truth on her K-1 application/interview.   In my opinion better to get the truth on record now then wait..  

  Further,,  everyone here is here to help but it is not unheard of for COs to check social media accounts and cross reference things or even read posts here.  SO... I would assume that immigration may already know about you...

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  There are few golden rules of immigration and lots of variables but the one constant is NEVER, EVER, EVER lie or intentionally try to mis-lead to gain benefits.  

-

[Unlockable 7,316]

NEVER lie about the reasons for your trip.

 

You are going about this the wrong way. You are trying to change your evidence to get it to what you think the CO wants to hear instead of simply telling the truth. Changing dates and travel plans is not the way to go. And as you can see it has gotten you nowhere.

 

Invitation letters don't help. It is a foreigners myth. Your GF don't need to have an invitation letter from someone she knows in the US just like you don't need an invitation letter from someone you know in Brazil if you want to go Rio and tan on the beach.

 

Back to the approach you are attempting. Your girlfriend was denied because she didn't prove to the CO that she has enough ties to her home country. Not because her travel plans were not good enough. She should be focusing on having evidence that she will return home, not who she will see in the US. Things like a strong stable job, business ownership or partnership, property ownership, and often immediate family like small children and spouse helps. If she doesn't have any of those things then what is stopping her from using the visitor visa to come to the US and live and play house with you? That is the hurdle she has to overcome.

 

Now comes the realization... If she has been denied twice before and nothing has changed in her evidence of strong ties then she is likely to be denied again. There is still a chance she may get approved but you should be prepared in case it doesn't. Majority of people on this forum, including me, had significant others who never stepped foot into the US before obtaining their visas. This is something you may have to consider if she doesn't get her visitor visa this go round.

 

Fortunately, her denials will not impact a future visa petition for her.

[Bruce1 0]

On 11/21/2017 at 12:09 PM, JE57 said:

Applying for a tourist visa will not hurt your chances of getting a K-1 Visa unless she misrepresents her intent.  She has ALREADY misrepresented her intent twice! Her intent to go to the USA was because of you a USC whom she was in a relationship with and was not mentioned on the application.   You tried to justify not mentioning you for a whole bunch of reasons but it seems the real reason she didn't mention you is because you believed this would result in the denial that she got anyway.   The problem you have now is that you will submit a K-1 application for her and will have to state truthfully when met.. Yes, technically you only have to prove that you met in person in the last two years but you also have to show that you have a genuine relationship and that is where you will have to disclose the fact that you were in a relationship with her when she twice applied for a tourist visa and failed to mention her relationship with you.  

  There is no logical reason that she can not go and visit the USA with you.  She should state that as her intent on her B2 interview.  She should point out that you reside in China and work in China and that you intend to apply for a K-1 for her IF she finds the USA as someplace the two of you would like to settle down.   She will likely be denied again but at least she'll be being HONEST (this time).   This is unlikely to end well for her.  She should should be prepared to explain why she didn't mention you in the past in terms that make some logical sense other than attempting to deceive the officer of her true intention.  Also a 3rd application in as many months makes her look desperate and not mentioning you previously virtually guarantees a denial and she may be looking at a 5 year ban for misrepresentation if she tells the truth now or a 5 year ban when she tells the truth on her K-1 application/interview.   In my opinion better to get the truth on record now then wait..  

  Further,,  everyone here is here to help but it is not unheard of for COs to check social media accounts and cross reference things or even read posts here.  SO... I would assume that immigration may already know about you...

-

  There are few golden rules of immigration and lots of variables but the one constant is NEVER, EVER, EVER lie or intentionally try to mis-lead to gain benefits.  

-

Don't u think that she has a right to apply b2 visa in order to visit the US and see him aswel but could answer the Co's question any reason she may be suitable for her ? Can the Co reinterpreted as he/she wish to sabotage her k1 visa? I mean morally ?

[SJI 8]

There is no false information here at all. If the consular asks her why she didnot mention me in the B2 visa, the answer is we didnot get engaged yet. Thanks for your wrong advice.