K1 red flags is it even worth applying?

[nick050183 9]

First of all let me say we are a real couple and we do want to get married. I met her while traveling to see my family in Ukraine through a dating site (not marriage broker). We're thinking about applying for a k1 visa but I'm worried that it might just be a waste of time considering the red flags in our relationship and how a CO would see it.

 

Red flags:

1) We've only known each other 4 months.

2) We've only spent 18 days together in person. I spent about a week hanging out with her back when I was in Ukraine. We recently spent 11 days on a vacation.

3) She applied for a B2 visa before went on vacation. She was denied due to lack of ties to home country. We wanted to spend the holidays together. She paid for some service that would help her fill out the paperwork. They instructed her not to mention me in the application. Reading this forum I realize that was quite foolish.

4) I'm not sure if Ukraine is a "high risk" country or not. But I do know the B2 visa denial rate is very high.

 

Strengths

1) We speak the same language. I am ethnically half Ukranian myself. 

2) We have tons of correspondence. We talk all the time. I could provide 100 pages of texts, calls, video calls etc

3) We have a lot of pictures together. Most from our recent trip together but some from our first meeting.

4) WE ARE REALLY ENGAGED.

 

My other option is to move there and go the CR1 route. But that is very tough considering I have a good job here in America. 

 

What do you think? 

 

 

Edited December 24, 2019 by nick050183

[MelOe 187]

There is a third option: why not marry there during a visit, then go the CR1 route without you moving and giving up your job?

 

Judging by the advice I have seen other people give on this forum it doesn't seem to me that you have many red flags. For sure the more face time the better, but you have met twice and can prove it, so you are definitely eligible to file for her. If the Ukraine is considered high fraud (I don't know that) maybe wait until your next meeting before filing just to be able to front load the application with a bit more relationship proof, but if its not a high fraud country I don't think that's necessary. You might want to look for the visa guide for Ukraine and find the regional subforum to get more information how much you will need to submit there.

I can't imagine that the B visa denial would be a hindrance to a K visa in itself. But of course if your fiancee lied on the visa application that would be a different story. Did she lie though? I mean was there a question about wether she has a love interest in the US and she said no? When I went to visit my then boyfriend (before the engagement and K1 filing) in the US the officer at the airport would always ask me if I had friends or family there. I always said friends, and never specified that it was a boyfriend. They didn't ask. Someone please correct me if I'm wrong about this but I don't think I lied.

[Crazy Cat 41,881]

I don't see too many red flags from your post. The B2 denial will not impact a spousal visa.  One idea......go there, marry, return to the US, and file for CR-1.  Many people find the CR-1 superior.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US  
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

[Boiler 45,519]

No need to rush, spend more time together.

[Highmystic 234]

1 hour ago, MelOe said:

 in the US the officer at the airport would always ask me if I had friends or family there. I always said friends, and never specified that it was a boyfriend. They didn't ask. Someone please correct me if I'm wrong about this but I don't think I lied.

your boyfriend was just that a friend that happened to be a boy.  I say you did not lie. 

[SalishSea 17,833]

2 hours ago, nick050183 said:

She paid for some service that would help her fill out the paperwork. They instructed her not to mention me in the application. Reading this forum I realize that was quite foolish.

Correct.  Always, always tell the truth when it comes to US visas and petitions.  It is not worth trying to conceal anything, plus the officers have seen/heard it all.

[nick050183 9]

2 hours ago, MelOe said:

There is a third option: why not marry there during a visit, then go the CR1 route without you moving and giving up your job?

 

Judging by the advice I have seen other people give on this forum it doesn't seem to me that you have many red flags. For sure the more face time the better, but you have met twice and can prove it, so you are definitely eligible to file for her. If the Ukraine is considered high fraud (I don't know that) maybe wait until your next meeting before filing just to be able to front load the application with a bit more relationship proof, but if its not a high fraud country I don't think that's necessary. You might want to look for the visa guide for Ukraine and find the regional subforum to get more information how much you will need to submit there.

I can't imagine that the B visa denial would be a hindrance to a K visa in itself. But of course if your fiancee lied on the visa application that would be a different story. Did she lie though? I mean was there a question about wether she has a love interest in the US and she said no? When I went to visit my then boyfriend (before the engagement and K1 filing) in the US the officer at the airport would always ask me if I had friends or family there. I always said friends, and never specified that it was a boyfriend. They didn't ask. Someone please correct me if I'm wrong about this but I don't think I lied.

 I asked her about that. Whether the CO asked her anything about who she might know in USA. She told me she was such a nervous wreck during the interview that she doesn't remember what he asked her. 

[Dashinka 24,505]

6 hours ago, nick050183 said:

First of all let me say we are a real couple and we do want to get married. I met her while traveling to see my family in Ukraine through a dating site (not marriage broker). We're thinking about applying for a k1 visa but I'm worried that it might just be a waste of time considering the red flags in our relationship and how a CO would see it.

 

Red flags:

1) We've only known each other 4 months.

2) We've only spent 18 days together in person. I spent about a week hanging out with her back when I was in Ukraine. We recently spent 11 days on a vacation.

3) She applied for a B2 visa before went on vacation. She was denied due to lack of ties to home country. We wanted to spend the holidays together. She paid for some service that would help her fill out the paperwork. They instructed her not to mention me in the application. Reading this forum I realize that was quite foolish.

4) I'm not sure if Ukraine is a "high risk" country or not. But I do know the B2 visa denial rate is very high.

 

Strengths

1) We speak the same language. I am ethnically half Ukranian myself. 

2) We have tons of correspondence. We talk all the time. I could provide 100 pages of texts, calls, video calls etc

3) We have a lot of pictures together. Most from our recent trip together but some from our first meeting.

4) WE ARE REALLY ENGAGED.

 

My other option is to move there and go the CR1 route. But that is very tough considering I have a good job here in America. 

 

What do you think? 

 

 

In our situation, I had met my now wife two times in person for a total of 20 days together in Russia.  We do both speak the same language as she is an English teacher (I read Russian pretty well, but my conversational skills are a bit lacking).  My then girlfriend/fiancé applied twice for a B2 visa and was denied both times.  I filed for a K1 soon after her second B2 denial, and we had no issues (my third visit with her was at the interview in Moscow).  Like Russia, I do not think the Ukraine is considered a high fraud country for a K1 or spousal visa, so I would not worry too much.  If you are both ready, go ahead and file, or as others have suggested, look into marriage first and a spousal visa.

 

Good Luck!

[Dashinka 24,505]

3 hours ago, nick050183 said:

 I asked her about that. Whether the CO asked her anything about who she might know in USA. She told me she was such a nervous wreck during the interview that she doesn't remember what he asked her. 

At my wife’s second B2 application/interview they actually asked her about me.  Of course she told the truth and was denied even though in my opinion she had pretty strong ties.

[Dashinka 24,505]

6 hours ago, MelOe said:

There is a third option: why not marry there during a visit, then go the CR1 route without you moving and giving up your job?

 

Judging by the advice I have seen other people give on this forum it doesn't seem to me that you have many red flags. For sure the more face time the better, but you have met twice and can prove it, so you are definitely eligible to file for her. If the Ukraine is considered high fraud (I don't know that) maybe wait until your next meeting before filing just to be able to front load the application with a bit more relationship proof, but if its not a high fraud country I don't think that's necessary. You might want to look for the visa guide for Ukraine and find the regional subforum to get more information how much you will need to submit there.

I can't imagine that the B visa denial would be a hindrance to a K visa in itself. But of course if your fiancee lied on the visa application that would be a different story. Did she lie though? I mean was there a question about wether she has a love interest in the US and she said no? When I went to visit my then boyfriend (before the engagement and K1 filing) in the US the officer at the airport would always ask me if I had friends or family there. I always said friends, and never specified that it was a boyfriend. They didn't ask. Someone please correct me if I'm wrong about this but I don't think I lied.

You did not lie.  No one is required to offer additional information.

[Nitas_man 3,100]

I dont see any flags with you guys.

 

 

[Sparkle Sparkle 914]

12 hours ago, nick050183 said:

They instructed her not to mention me in the application. Reading this forum I realize that was quite foolish.

When did you guys get engaged? After your first visit or on your recent vacation?  I understand she applied for the B2 before your recent vacation. The only red flag I see is if you will present evidence of engagement (dated pictures, engagement ring receipt etc) showing that you guys were already engaged before she applied for the visa she was refused. If this is true, then it  means that the question 'do you have a fiance in the USA'  she answered no which could be material representation if discovered. But my advice is spend more time and do a CR1. 

[Sarah&Facundo 595]

When my now-husband applied for a B2 when we were dating, he also said he was visiting "friends." This was way before we found visajourney. Anyway, it never came up again in the K1 interview,  POE, AOS, or Green card interview. Mehh-- I wouldn't consider it an outright lie. I don't think you guys have red flags.