Previous Visa Denials?

[mogiftney 144]

1 hour ago, yuna628 said:

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?

Yes, I am prepared to use my savings, and my mother is more than supportive of our relationship and our engagement and has agreed to help us financially if need be.

[Boiler 46,176]

You mentioned in your first post she wanted to go to the US to Study and was super excited to do so.

[mogiftney 144]

29 minutes ago, kris&me said:

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 

It wasn’t a university, it was a community college and she was actually approved for the semester that starts in late August 2019. They didn’t release applications until March 2019, which was when she applied.

 

My mother and I have both looked into the process of receiving disability benefits and for my specific disability, you need to be below a certain amount of money in savings to qualify. 

[mogiftney 144]

8 minutes ago, Boiler said:

You mentioned in your first post she wanted to go to the US to Study and was super excited to do so.

She was excited, but part of that was being with me. The embassy knows that and that’s why she was declined a student visa. We didn’t know that was a bad thing. The K1 visa would be first and foremost so that we can marry (obviously), as it is something we have been interested in for a while, but also to spend time together permanently which is our priority. The embassy already knows this which is why she was denied the student visa. I didn’t think there’d be an issue with her wanting to be with her partner and that being a huge part of things while also studying on a student visa. I also thought we had to be together for 2 years before we could marry, which I was mistaken on, and that’s why we never thought this was even an option for us right now.

Edited April 17, 2019 by mogiftney

[geowrian 22,338]

I think the point is that it's really strange to be so excited to study in the US (and also spend time with you while you're there), but then suddenly not be interested in studying. It sounds like the primary purpose was to be with you, not to study. That's borderline misrepresentation. It's fine to spend time with you while being a student, but not to misrepresent one's intentions about why they are coming to the US.

 

That said, it's in the past now. I don't foresee a misrep bar applying here, especially since it was not material as the visa was denied anyway. You can do the K-1 path fine.

But be very careful about what is stated in the future...had it been a material misrep, that's a permanent bar on any visa.

[mogiftney 144]

2 minutes ago, geowrian said:

I think the point is that it's really strange to be so excited to study in the US (and also spend time with you while you're there), but then suddenly not be interested in studying. It sounds like the primary purpose was to be with you, not to study. That's borderline misrepresentation. It's fine to spend time with you while being a student, but not to misrepresent one's intentions about why they are coming to the US.

 

That said, it's in the past now. I don't foresee a misrep bar applying here, especially since it was not material as the visa was denied anyway. You can do the K-1 path fine.

But be very careful about what is stated in the future...had it been a material misrep, that's a permanent bar on any visa.

Thanks for your reply. To be completely honest with you, I recognize that you and the other people commenting in this thread raise an important point, and seeing thing from a more informed perspective, we should’ve applied for a K1 in the first place. But please understand that I had no idea that we could marry if we weren’t in a 2 year long relationship as I was misinformed misinterpreting by my own research as well as my partners as well as long distance forums. If I would’ve known that, I would’ve done this longer ago. But unfortunately, what’s done is done and I can’t change that now. We need to work from here forwards.

 

edit: no idea why the first part of that font is so small. I don’t know how to work this website.

Edited April 17, 2019 by mogiftney

[Mezyan 153]

3 hours ago, mogiftney said:

Thanks for your response, that’s some pretty useful info. I think my partner would be totally okay with me taking pictures of her ring after our engagement and cute pictures to show our families anyway, so that could be the best route. Great news as we want the proposal to be something special between only the two of us.

Honestly, you do not even have to be officially engaged. You just need to both write letters stating your intentions to marry within 90 days.

[HP+IC 292]

I think before this point both you and your partner had misunderstood visa process. If you have a bona fide relationship, focus on substantiating it with evidence. Also you may benefit from doing more research on the subject and creating a timeline of what happened when and why. Then you will have a better idea of what has been wrong and what shall be made to tackle the existing issues. Misunderstanding visa process is not a fraud, it is lack of understanding. Sort that out, collate evidence and you will be fine

[mogiftney 144]

14 minutes ago, Mezyan said:

Honestly, you do not even have to be officially engaged. You just need to both write letters stating your intentions to marry within 90 days.

That’s some useful info, however I’d still love to be engaged to my partner. Thanks regardless!

[mogiftney 144]

10 minutes ago, HP+IC said:

I think before this point both you and your partner had misunderstood visa process. If you have a bona fide relationship, focus on substantiating it with evidence. Also you may benefit from doing more research on the subject and creating a timeline of what happened when and why. Then you will have a better idea of what has been wrong and what shall be made to tackle the existing issues. Misunderstanding visa process is not a fraud, it is lack of understanding. Sort that out, collate evidence and you will be fine

I fully agree. We were under the impressions that things were much more different than they actually were. I’m so glad that a couple of people recommended this website to me, as I’m already finding tons of useful info, resources and conversations. I’m confident this time. We have tons of proof of our relationship being legitimate because, well, it is. 

[Cyberfx1024 7,980]

4 hours 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. 

Don't worry my wife was denied a B2 tourist visa and we had no problems getting a K1 visa at all. So please do not worry. 

[mogiftney 144]

3 minutes ago, Cyberfx1024 said:

Don't worry my wife was denied a B2 tourist visa and we had no problems getting a K1 visa at all. So please do not worry. 

That’s great to know, thanks for the encouraging words

[sam.e 19]

To answer your original question, her B-2 and student visa denials should not affect her K-1 Visa application. My husband (UK Citizen, who was my fiance at the time) was denied entry to the US on his ESTA, and then a month later denied a B-2. We then filed for the K-1, and had no issues 

[mogiftney 144]

3 minutes ago, sam.e said:

To answer your original question, her B-2 and student visa denials should not affect her K-1 Visa application. My husband (UK Citizen, who was my fiance at the time) was denied entry to the US on his ESTA, and then a month later denied a B-2. We then filed for the K-1, and had no issues 

Thanks for more encouraging words!

[Cyberfx1024 7,980]

2 minutes ago, mogiftney said:

That’s great to know, thanks for the encouraging words

Not a problem at all. The only time a B2 or student visa denial could jeopardize a K1 or a CR/IR visa is if the beneficiary lied on the Tourist/Student visa application.  We have seen cases in the past where people from different countries are told to list as being married or have X amount of children in order to show that they "have sufficient ties to their country". So then it comes back to bite them in the butt later.