Will we be Denied?

[AlbieBio 7]

About my K-1 

So my Fiancée got denied of the K-1 visa last year in Febuary 2020 and right after that, i had a friend who worked at the marriage court in Ghana and he was able to schedule a court marriage for us about 4 days after her denial of the K-1 visa, this was because i had a few more days to leave Ghana so we wanted to do the court so i don't have to fly back to Ghana for it. 

We did the court marriage and i came back to the states with the marriage certificate and she did a change of last name and everything she needs to do. A NEW PASSPORT, CHANGED HER LAST NAME TO MINE, and every necessary thing needed. 

I filled the I-130 when i got back and we just got approved. I am worried the Consular might feel it was too fast for the court marriage right after she was denied. I need help and some suggestions please. would the consular feel the court marriage was too fast right after the k-1 visa denial? 

[Crazy Cat 41,844]

6 minutes ago, AlbieBio said:

I need help and some suggestions please. would the consular feel the court marriage was too fast right after the k-1 visa denial? 

Why was the K-1 denied?

[AlbieBio 7]

10 minutes ago, Lucky Cat said:

Why was the K-1 denied?

K-1 was denied because her brother filled for visitors for her and she got denied but we were engaged at that time but i wasnt financially ready to file for her yet. they said if we were engaged when her brother filed for B1 visa for her in 2019 then why didn't i file the k-1 for her.  so im thinking maybe its a scam or something, i think thats why they denied her but besides that they didn't specify anything on the paper like always.

[Crazy Cat 41,844]

1 minute ago, AlbieBio said:

K-1 was denied because her brother filled for visitors for her and she got denied but we were engaged at that time but i wasnt financially ready to file for her yet. they said if we were engaged when her brother filed for B1 visa for her in 2019 then why didn't i file the k-1 for her.  so im thinking maybe its a scam or something, i think thats why they denied her but besides that they didn't specify anything on the paper like always.

Having previously filed for a B2 would not have caused the K-1 to be denied......something is wrong there.  Besides, her brother could not have filed an application for her.  Anyway, getting married right after a K-1 denial would not, in itself,  affect a spousal visa.

[AlbieBio 7]

1 minute ago, Lucky Cat said:

Having previously filed for a B2 would not have caused the K-1 to be denied......something is wrong there.  Besides, her brother could not have filed an application for her.  Anyway, getting married right after a K-1 denial would not, in itself,  affect a spousal visa.

Her brother sent her an INVITE because she is the God mother for his son. so he wanted her to be here in the states for the naming and she got denied. and they stated if at that time i had proposed then why didnt i file for the k-1 for her instead of her brother sending her an INVITE. and she said the consular went over to another consular to ask what they think and she came back and said denied. 

[Crazy Cat 41,844]

3 minutes ago, AlbieBio said:

Her brother sent her an INVITE because she is the God mother for his son. so he wanted her to be here in the states for the naming and she got denied. and they stated if at that time i had proposed then why didnt i file for the k-1 for her instead of her brother sending her an INVITE. and she said the consular went over to another consular to ask what they think and she came back and said denied. 

What does any of that have to do with why the K-1 was denied?

[AlbieBio 7]

1 minute ago, Lucky Cat said:

What does any of that have to do with why the K-1 was denied?

Exactly my point, besides that, everything was ut together, pictures etc. and im not sure if maybe our age difference because  she is 5 years older than i am but i am the one filling for her.

[aaron2020 11,651]

29 minutes ago, AlbieBio said:

Exactly my point, besides that, everything was ut together, pictures etc. and im not sure if maybe our age difference because  she is 5 years older than i am but i am the one filling for her.

You're missing the point.

 

A B2 visitor visa denial would not have affected the subsequent K-1 unless she lied about a material fact on her B2 visitor visa application.  The most popular lie in certain countries is that the B-2 visa applicant was married when in fact the person was single.  Then at the K-1 or CR-1 visa interview, the person could not produce a divorce decree for the fictitious marriage.

 

Your spouse got a denied B-2.  Then her K-1 was denied.  WHY?  Having a simple B-2 visa denial would not be cause to deny the K-1.  Many people have been denied B-2 visitor visas and subsequently gotten their K-1 or CR-1 visas without any problems.

Was her K-1 denied because of a lie on her B-2 visa application?  Was her K-1 denied because of another reason?  You have to tell us.  No way to help you unless you provide more information.  Marrying does not fix the problem with why the K-1 was denied.   

Edited March 17, 2021 by aaron2020

[mushroomspore 3,044]

43 minutes ago, AlbieBio said:

Her brother sent her an INVITE because she is the God mother for his son. so he wanted her to be here in the states for the naming and she got denied. and they stated if at that time i had proposed then why didnt i file for the k-1 for her instead of her brother sending her an INVITE. and she said the consular went over to another consular to ask what they think and she came back and said denied. 

B1/B2 denial would not have had any effect (negative or positive) on the K1. And nobody gets to be "invited" for a B1/B2. That's not how that visa works. The most likely explanation for the B1/B2 denial is that your fiancee did not show strong ties to her home country. But that does not explain the K1 denial.

[AlbieBio 7]

29 minutes ago, mushroomspore said:

B1/B2 denial would not have had any effect (negative or positive) on the K1. And nobody gets to be "invited" for a B1/B2. That's not how that visa works. The most likely explanation for the B1/B2 denial is that your fiancee did not show strong ties to her home country. But that does not explain the K1 denial.

With the K-1 visa, they honestly asked her Questions about her brother, her brother sent her invitation in 2018 when he was getting married here in the states and they said they will get back to her but they never did. and then her brother sent her another invitation for B1/B2 in 2019 when he had a baby so she could come for the christening but she was denied as well. i proposed in 2019 and then filed in the same year after she got denied the b1/b1. 

 

so what the consular told her her that, if we were dating from 2018 and i proposed in 2019 then why did i not file for her or send her the invitation in 2019 but rather her brother did. and she told the consular that , its her brothers christening for  nephew and it has nothing to do with me.  the consular then went to the back to talk to another consular and then came back and denied her. She did not give any tangible reason as to why she was denied but i am thinking the above explanation is the reason why.

51 minutes ago, aaron2020 said:

You're missing the point.

 

A B2 visitor visa denial would not have affected the subsequent K-1 unless she lied about a material fact on her B2 visitor visa application.  The most popular lie in certain countries is that the B-2 visa applicant was married when in fact the person was single.  Then at the K-1 or CR-1 visa interview, the person could not produce a divorce decree for the fictitious marriage.

 

Your spouse got a denied B-2.  Then her K-1 was denied.  WHY?  Having a simple B-2 visa denial would not be cause to deny the K-1.  Many people have been denied B-2 visitor visas and subsequently gotten their K-1 or CR-1 visas without any problems.

Was her K-1 denied because of a lie on her B-2 visa application?  Was her K-1 denied because of another reason?  You have to tell us.  No way to help you unless you provide more information.  Marrying does not fix the problem with why the K-1 was denied.   

With the K-1 visa, they honestly asked her Questions about her brother, her brother sent her invitation in 2018 when he was getting married here in the states and they said they will get back to her but they never did. and then her brother sent her another invitation for B1/B2 in 2019 when he had a baby so she could come for the christening but she was denied as well. i proposed in 2019 and then filed in the same year after she got denied the b1/b1. 

 

so what the consular told her her that, if we were dating from 2018 and i proposed in 2019 then why did i not file for her or send her the invitation in 2019 but rather her brother did. and she told the consular that , its her brothers christening for  nephew and it has nothing to do with me.  the consular then went to the back to talk to another consular and then came back and denied her. She did not give any tangible reason as to why she was denied but i am thinking the above explanation is the reason why.

[aaron2020 11,651]

Your story does not explain why the K-1 was denied.  

People do not get their K-1 denied because of simple B-2 visitor visa denials.  Many people with B-2 visitor visa denials have gotten their K-1 visas.  There has to be something more that you may not be aware of.  

[PaulaCJohnny 713]

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Edited March 17, 2021 by Paula&Johnny

[AlbieBio 7]

Just now, Paula&Johnny said:

Is her brother legally in the US? 🧐 

Her brother is, he wasn't legal till he got married two years ago and then did one invite for her to come to the wedding which she was denied and then another invite when he had the baby. 

 

He became Legal two years ago when he married his wife.

[Letspaintcookies 2,310]

1 hour ago, aaron2020 said:

Your story does not explain why the K-1 was denied.  

People do not get their K-1 denied because of simple B-2 visitor visa denials.  Many people with B-2 visitor visa denials have gotten their K-1 visas.  There has to be something more that you may not be aware of.  

I'm just thinking that maybe they suspected the relationship not to be real because the brother invited her to come to the US on a previous tourist visa attempt and not her fiance. Like why would she wanted to come to the US to see her brother but not her fiance... maybe they were expecting her to just go through with the fiance to get a greencard to be with her brother and family. 

I'm just speculating here but that came to my mind. Not saying that this is what it is, just throwing ideas out.

[georgi666 30]

1 hour ago, aaron2020 said:

Your story does not explain why the K-1 was denied.  

People do not get their K-1 denied because of simple B-2 visitor visa denials.  Many people with B-2 visitor visa denials have gotten their K-1 visas.  There has to be something more that you may not be aware of.  

Just reading this thread and I had my K1 approved today. I've had b2 denial before in  - disclosed those on the ds160 of course, but the consular officer did not even ask me about that. He asked have you ever been in the states and I was like yep , have you overstayed - no, and that was it. He did not even ask about past visa denials, AT ALL.