Previous Visa Denials?

[mogiftney 144]

8 minutes ago, Boiler said:

I can see there may be public charge issues especially with your GF being a student.

What does this mean? My girlfriend is not a student as she was denied a student visa, and now is not able to study in America.

[payxibka 10,047]

1 minute ago, mogiftney said:

What does this mean? My girlfriend is not a student as she was denied a student visa, and now is not able to study in America.

Not completely true.  Nothing prevents her from studying after entry on a k1, should she so desire 

[mogiftney 144]

4 minutes ago, payxibka said:

Not completely true.  Nothing prevents her from studying after entry on a k1, should she so desire 

The semester she applied for will have ended by the time she would even get the visa. The college basically said oh well, sorry we couldn’t have you. What is this public charges thing? I’m really worried and I don’t know what this means.

[EandH0904 1,184]

1 hour ago, mogiftney said:

 am nervous now, because we have been wanting to marry for a while, but didn’t think they would take us seriously as we hadn’t been together for over two years.

Do you mean you haven't seen each other in over two years? Or you haven't dated for 2 years? You must see each other IN PERSON within the past two years to file K1. 

 

And why did she apply for B1/B2 and not just use ESTA?

[Boiler 46,176]

6 minutes ago, EandH0904 said:

Do you mean you haven't seen each other in over two years? Or you haven't dated for 2 years? You must see each other IN PERSON within the past two years to file K1. 

 

And why did she apply for B1/B2 and not just use ESTA?

Good questions.

[mogiftney 144]

20 minutes ago, EandH0904 said:

Do you mean you haven't seen each other in over two years? Or you haven't dated for 2 years? You must see each other IN PERSON within the past two years to file K1. 

 

And why did she apply for B1/B2 and not just use ESTA?

I am actually in the UK right now visiting her, so that won’t be an issue. I meant we haven’t been in a relationship for two years. I remember reading about this a while ago and thinking that’s what the two year thing meant, and it wasn’t until I recently looked into it further and asked around that I found out that I was misinformed. 

 

She was confused about the terms of an ESTA. She used it twice before to stay in the US with me for a month each time, and renewed her passport when she came back the second time. She thought she was only allowed to stay for 90 days out of a one year period rather than 90 in 90 out, and wanted more time with me than three months a year. Now she cannot get an ESTA with the previous visa denials and such, that’s completely not doable.

Edited April 17, 2019 by mogiftney

[kris&me 572]

1.  for the student visa, should should have gone thru the college itself to show she had applied,  been accepted,  paid the fee to hold her place for the semester she was starting and had the college help with all the paperwork/  doing it herself with you as her bf is always a good reason for denial

 

2.   if disabled ,  you should be applying for disability benefits (if from birth or job)   as you are entitled to them/ giving you needed income

Even on disability you can ask to have tax withholding taken and file the returns each spring although the income is not always taxable ,  this would give you the needed tax transcripts

 

3.   i assume u have met in person but you say she couldn't get tourist visa,  so did you travel there?

  if so,  why not return to marry and do spouse visa?   It would enable her to get the green card to be able to go to college faster. waiting for all the process a K1 visa has to do is lengthy after the marriage ( from what i can see posted on here)

BTW   K1 turns out to be more expensive than the CR1

 

Wealthy family i am sure you could go and marry

[mogiftney 144]

5 minutes ago, kris&me said:

1.  for the student visa, should should have gone thru the college itself to show she had applied,  been accepted,  paid the fee to hold her place for the semester she was starting and had the college help with all the paperwork/  doing it herself with you as her bf is always a good reason for denial

 

2.   if disabled ,  you should be applying for disability benefits (if from birth or job)   as you are entitled to them/ giving you needed income

Even on disability you can ask to have tax withholding taken and file the returns each spring although the income is not always taxable ,  this would give you the needed tax transcripts

 

3.   i assume u have met in person but you say she couldn't get tourist visa,  so did you travel there?

  if so,  why not return to marry and do spouse visa?   It would enable her to get the green card to be able to go to college faster. waiting for all the process a K1 visa has to do is lengthy after the marriage ( from what i can see posted on here)

BTW   K1 turns out to be more expensive than the CR1

 

Wealthy family i am sure you could go and marry

We did go through the college, we got accepted and paid every fee legitimately, she still got denied. Also on a sort of unrelated note, we are a lesbian couple. 

 

I am given enough money from my family to not qualify for disability as I don’t actually need it with support from them

 

We have met in person and I am currently in the UK spending time with her. She doesn’t have a job currently so we don’t qualify for a UK-based marriage.

 

Thanks much for the response!

Edited April 17, 2019 by mogiftney

[HP+IC 292]

1 hour ago, mogiftney said:

Hello! I am in need of some serious help. So, my partner and I have been in a relationship for nearly a year and a half, and we really want to marry. She is a UK citizen and I am a US citizen. However, my partner has been denied a B-2 visa because she lacked sufficient funds in December 2018, and was denied a student visa yesterday because the embassy said she was probably only studying in my country to be with me, and not to bother coming back to reapply. Being with me was a part of her studies, but she was super excited to be studying at that college and to be in the area as well, and we proved sufficient funds. I am nervous now, because we have been wanting to marry for a while, but didn’t think they would take us seriously as we hadn’t been together for over two years. But now we just want to be with each other. This is tearing us apart. So, will she be able to have decent odds of receiving a K1 visa with these two very recent visa denials if they’re not the same class? Also, if I will be using a joint sponsor (my mother) to prove sufficient funds for marriage? I am currently unemployed and do not file tax returns. It says this is an option online, but I don’t know how much these things combined would mess with our case. How long should I wait after this last visa denial to propose to my partner? Do I need to record it? She wants a private proposal, but I suppose I can record that if we need to. I have many pictures and documents to support the fact that we are in a serious relationship. 

Am I the only one confused by this explanation? Given we have a disabled petitioner coming from a wealthy, caring and supportive family in a relationship with a beneficiary, which lasts for over 1.5 years (with a personal contact only recently). And being with the petitioner makes the academic interest for the beneficiary, who wants to study at a particular college in the petitioner's area, which will be better accessible through marriage and moving. Does this sound like a bona fide relationship? At least, the 'how we met' and how we happened to decide to get married part should be sorted out, if not at the petition stage then at the interview stage all this stuff will be pulled out and discussed. 

[mogiftney 144]

2 minutes ago, HP+IC said:

Am I the only one confused by this explanation? Given we have a disabled petitioner coming from a wealthy, caring and supportive family in a relationship with a beneficiary, which lasts for over 1.5 years (with a personal contact only recently). And being with the petitioner makes the academic interest for the beneficiary, who wants to study at a particular college in the petitioner's area, which will be better accessible through marriage and moving. Does this sound like a bona fide relationship? At least, the 'how we met' and how we happened to decide to get married part should be sorted out, if not at the petition stage then at the interview stage all this stuff will be pulled out and discussed. 

No, we met after 6 months together in the US and are currently together meeting in the UK. I was the one who introduced her to the college anyway, she wanted time with me and studying there was a good way to get good qualifications and spend time with me.

[Boiler 46,176]

That would explain why she did not get a Student Visa.

[HP+IC 292]

13 minutes ago, mogiftney said:

No, we met after 6 months together in the US and are currently together meeting in the UK. I was the one who introduced her to the college anyway, she wanted time with me and studying there was a good way to get good qualifications and spend time with me.

I assume she happened to be in the US when you first met her. That is when your relationship started. Then she returned to the UK and applied for a B1 visa with an intent to be with you (correctly denied), then for a student visa (again correctly denied) and now you are considering a K1 visa, which finally is the only appropriate visa to transform a bona fide relationship into marriage. Mixing a relationship (immigrant intent) with travel or study is not a good idea. On the other hand, studying through family-based immigration is no better. Both are visa abuse. 

PS. Several visits before filing would have improved the situation. 

Edited April 17, 2019 by HP+IC

[yuna628 9,727]

OP: To put it simply her past denials will not affect her getting a K1 visa.

 

However as you are disabled and have no income, you will require a cosponsor for the K1 process, and then a joint sponsor for the AOS process after you marry. The sponsor should be aware and prepared of what that means. Furthermore you should be prepared and understand what that means.

 

Do you have enough money provided for food, clothe, and buy health insurance for your new spouse once she arrives, and if not, are they prepared to provide that?

[kris&me 572]

55 minutes ago, mogiftney said:

We did go through the college, we got accepted and paid every fee legitimately, she still got denied. Also on a sort of unrelated note, we are a lesbian couple. 

 

I am given enough money from my family to not qualify for disability as I don’t actually need it with support from them

 

We have met in person and I am currently in the UK spending time with her. She doesn’t have a job currently so we don’t qualify for a UK-based marriage.

 

Thanks much for the response!

sorry but you said above the semester she applied for had ended.   We apply usually by end of November for the following year (August or September) so i don't understand how you say you went thru the college /  she would have done the application for the future and the college lawyer or register's office would have helped by doing the paperwork 

 

not knowing your disablility,  many well to do families have a handicapped person who gets disability /  it is not based on family income but circumstance making you disabled /  birth is one of them / getting hurt on the job another 

[mogiftney 144]

 

1 hour ago, HP+IC said:

I assume she happened to be in the US when you first met her. That is when your relationship started. Then she returned to the UK and applied for a B1 visa with an intent to be with you (correctly denied), then for a student visa (again correctly denied) and now you are considering a K1 visa, which finally is the only appropriate visa to transform a bona fide relationship into marriage. Mixing a relationship (immigrant intent) with travel or study is not a good idea. On the other hand, studying through family-based immigration is no better. Both are visa abuse. 

PS. Several visits before filing would have improved the situation. 

She’s not planning on studying through family-based immigration and nowhere in this thread did I say this. She’s given up those plans. We just want to be together. We met online in December 2017 and arranged to meet in person in the US in July of 2018, so our relationship started about 7 months before our first in person meeting. She had two one month long visits before filing for a B-2, and we have been together in the UK for 5 months until now.

Edited April 17, 2019 by mogiftney