Will we be Denied?

[Letspaintcookies 2,310]

3 minutes ago, georgi666 said:

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.

I don't think it's about the previous denial itself. It was probably denied cause back then she seemed to have more ties to the US than to her home country which isn't a problem going forward with a K1 or CR1.

From what OP is saying how they questioned about her brother it seems to me that they're suspecting she wants to be with her brother more than with her fiance. And this is something that needs to be overcome for a K1 and CR1. What proof do you have for your marriage OP? Like co- mingling of finances, having her on insurances, a will, a POA. Seems like you have to show more than pictures and letters.

[Letspaintcookies 2,310]

2 hours ago, AlbieBio said:

 

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. 

With explicitly stating that her visit was to see her brothers family and it had nothing to do with you she probably unknowingly dug her hole even deeper.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[SalishSea 18,191]

7 hours 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.

A "scam"?   You believe the United States Department of State is doing a scam?

[SteveInBostonI130 3,489]

8 hours ago, AlbieBio said:

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? 

 

What other evidence do you have other than the marriage certificate and the name change?  Co-mingling of finances?  Did you visit her after the marriage?  

 

If it is just the marriage/name change and nothing else, the embassy may question the validity of the relationship based on the history you stated.

[isis375 105]

While the denied B1/B2 and K1 may not directly affect each other or the future CR1, if they denied based on any impression of her misrepresenting herself or small lies of any kind, she can be denied in any future visa applications.

 

 

[JFH 12,191]

Having a brother who has a child and who wants his child to meet his/her aunt is not a reason for a K-1 denial. I strongly suspect that there was something on the B-2 application that was not 100% accurate and that came back to haunt you. 

[Crazy Cat 42,515]

As is the case often, there is more to this story.  Good Luck.

[Bob in Boston 767]

1 hour ago, Lucky Cat said:

As is the case often, there is more to this story.

As we used to say in law enforcement "The Story Behind The Story"

[Boiler 46,232]

I am intrigued as to what was found, I am sure she knows, now whether it will be shared time will tell.

[Cyberfx1024 7,980]

12 hours ago, isis375 said:

While the denied B1/B2 and K1 may not directly affect each other or the future CR1, if they denied based on any impression of her misrepresenting herself or small lies of any kind, she can be denied in any future visa applications.

 

 

Usually what ends up happening is that they got a misrepresentation issue because they were listed as married on the B2 application. We have seen this more times than we can count on here

[Boiler 46,232]

2 minutes ago, Cyberfx1024 said:

Usually what ends up happening is that they got a misrepresentation issue because they were listed as married on the B2 application. We have seen this more times than we can count on here

The problem is they do not get a Mirsep charge

 

They get an RFE for the Divorce documentation.

[LBX 44]

On 3/17/2021 at 7:33 PM, 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. 

Based on the details you have provided, my opinion is that the K-1 denial is because it appears that your spouse, at the time, had stronger ties to her brother than to you which raises the question as whether your relationship is valid or she was using you as a conduit to get to the US which is pretty common in Ghana. I think that is the key obstacle you both will have to overcome.
 

The timing of the marriage in relationship, IMO, is not a key obstacle.  Let me give a little background on my difficult case to explain why.

 

Before I married my wife, she had been denied a B1/B2 visa in 2016. Then in 2019 she was denied an F1 visa. We also had family in the US. We had been dating for a while but I was going through a bitter divorce. My divorce came through 10 days before her F1 denial (In hindsight we should have withdrawn her F1). Anyway, she went ahead and was denied.  So 9 days after the F1 denial, we tied the knot in Ghana and 4 months later I filed the I-130. So within 19 days I got my divorce papers, my wife got denied an F1 and we got married. Despite all this (and other big red flags - a huge age difference and with me just retiring) she still got approved for her CR1/IR1.  It all boiled down to overcoming the red flags and showing we had a valid rock-solid marriage.  In fact, the CO told her at the end of the interview:  "Congratulations - I can't find a reason to deny you". So the CO was looking for one.

 

Therefore, IMO,  to overcome a denial,  you will have to show plenty time together, strong comingling, a solid marriage, and a lot of other suggestions many have mentioned in this thread. You have some time to do all this because Ghana is running behind 12 to 14  months from DQ to interview.

 

Speak to your spouse and make sure there is nothing else looming in the background that she has forgotten to mention.  If her story only involves what you have posted here, then the task at hand rests on you showing that you both have a genuine marriage and proving a strong relationship.  That should not be an impossible task.

 

I wish you the best. 🙏🏼