B1/B2 Denied while K-1 Processing

[Keegan 1]

Hello! 

Thank you in advance for any feedback!

I began the process of the K-1 Visa, as the petitioner, in November of 2023, for my Costa Rican fiance, shortly after I found out I was pregnant. When we realized it would not come in time, we applied for the B1/B2 Tourist Visa- expedited- on the terms of a "once-in-a-lifetime-event".

Upon requesting the expedited interview, you are asked to submit documents proving your reasoning, which we did. We were approved and our appointment date was given to us on June 11th. I wrote into ASC services of Costa Rica as my due date is May 27th and after multiple outreaches, our appointment was bumped upto May 9th. We were beyond thrilled until my fiance was denied-again. 

 

He has applied for B1/B2 Visa every year for the past 3 years now. He has been denied every time, given the same generic blue paper. We understand that he probably did not have enough proof to return to his home country for the first 2 times... however this time, we had documents showing the K-1 visa process which we provided as he knew he needed to return for the interview/did not want to do anything illegal to jeopardize the K-1.

 

As my partner said, the first window he was called to, the woman said she could not assist him as she denied his visa last year. The second officer he was then sent to did not look at one piece of paper, and only asked the question "why do you want to go to the states" to which my fiance answered " to be present for the birth of my child. my fiance needs me". He was responded to with, "I cannot approve your visa at this time" and that was the end. Handed the same blue paper.

 

It is important to note that his sister applied for and was approved for her B1/B2 last year, but unfortunately was deported out of the country upon her second arrival. My fiance is 26yo has no criminal background, owns property in Costa Rica... 

 

My questions:

Any ideas on the reason behind the denials? 

Will these denials effect the K-1 outcome? 

 

[Boiler 45,451]

Why was his sister deported? Obviously that does  not help.

 

Inability to show non immigrant intent

No

 

Very unusual for them to look at any papers, they have the DS160.

[nastra30 2,284]

Op. IMO and unfortunately, the very things you've stated are typical (not always but typical) in denying B2 visas.

+ Fiancée

+ On top of that pregnant Fiancée

+ On top of that baby soon

+ On top of that pending K1. K1 application does not in a slightest prove you'll return to home country. Not even close.

 

The pending K1 itself should(or could) be fine as long as there aren't any schenegans belong B2 denials.

Edited May 18 by nastra30

[Crazy Cat 41,814]

7 hours ago, Keegan said:

Any ideas on the reason behind the denials? 

The consulate thinks he will stay in the US. It won't affect the K-1.

Edited May 18 by Crazy Cat

[Keegan 1]

6 hours ago, Boiler said:

Why was his sister deported? Obviously that does  not help.

 

Inability to show non immigrant intent

No

 

Very unusual for them to look at any papers, they have the DS160.

His sister entered her first time and worked during her stay. obv not allowed on tourist visa. upon her second return to LAX, stopped at immigration, called the US contact and was deported the next day

[MaxP22 186]

6 hours ago, Keegan said:

His sister entered her first time and worked during her stay. obv not allowed on tourist visa. upon her second return to LAX, stopped at immigration, called the US contact and was deported the next day

Since his sister got deported for working, that's another reason to deny his visa, as they will think he will do the same.

 

He was correctly denied.