ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCan K1 visa be rejected if B1/B2 was denied couple of times?

I mentioned to you about my wife's friend in the earlier post. As I stated earlier, the CO simply said he doesn't believe the relationship is genuine. When you get denied a B2 visa, it does NOT mean your K1 will be denied.

 

The larger point I'm making is this: it's 50/50. The B2 denial may have ZERO impact on the K1 for most applicants, but sometimes and very unfairly COs get influenced negatively and that may impact the decision to refuse a K1; although the CO will not put on paper or tell you "I denied the K1 because the applicant has been denied a B2 in the past".

 

Someone mentioned that being denied B2 does not make one ineligible for the K1. Being refused or denied a visa is TOTALLY DIFFERENT from being "ineligible". IMO, these are two different things and that needs to be pointed out. A quick google search will give one the clear distinction between "being ineligible" and being refused/denied" a visa.

 

Of course, your case is different and the past B2 refusal will have ZERO impact on your outcome. Best of luck!

Your response has been very enlightening and thank you so much for that. I was going to and fro with all the responses on my query and the thing is why did the CO put objection for your wife's friend's B2 and K1 visa? There should be some genuine and strong reasons behind all this. They cannot put rejection according to their whimes and fancies. Mine was simply because insufficient ties with my country. Now here I'm already telling them that I'm going there to marry this guy and later on immigrate to their country. So according to me all depends on your honesty, how strong case evidences you have of the continued relationship and its not a fake marriage but genuine.
 

 


Boggy1974Male02014-02-28 08:43:00
K-1 Fiance(e) Visa Process & ProceduresCan K1 visa be rejected if B1/B2 was denied couple of times?

It is just a perception. I'm not sure how you avoid a biased/an unfair perception, especially if one has a genuine case .

 

All I can tell you is, support your case with loads of hard core evidence. You can find some examples of such evidence in the K1 guides. I hoped you have heard of frontloading and side-loading a petition/case. I think it is too late to front/side load since your case is already at the consulate. However, you can still bring your additional evidence with you to the interview. My wife's friend who I cited in my earlier post brought additional evidence but the CO refused to even look at them.

One more thing, I've been reading loads of forums on this context. So other reason for rejection is that the consulate thinks that its a fake marriage to get US Citizenship. How to avoid this?

 


Boggy1974Male02014-02-28 05:32:00
K-1 Fiance(e) Visa Process & ProceduresCan K1 visa be rejected if B1/B2 was denied couple of times?

I disagree with the earlier responses for these reasons:

 

1. The two past B1/B2 denials can have a 50/50 chance of influencing a CO to deny a K-1. Why? Because this actually happened to my wife's friend at the Ghana embassy just in December. Note that all her documents (to include the I-134) for the K1 were in order yet the CO refused her. She had similarly been denied a B2 visa twice within a short time period. Remember that both the K1 and B2 visas are nonimmigrant visas whose approval/denial often is based on the whims & caprices of these COs. That's why you hear of lots of K1 refusal in the forums here. Just read the K1 reviews and you will get an idea of what I'm talking about.

 

2. The two B2 denials within a short time span tells the CO of an aggressive intent to immigrate on the part of the visa applicant (albeit indirectly). Also, it tells the CO that the applicant is visa shopping at all cost - and especially you starting a relationship close on the heels of the last denial and getting your fiancée to petition for you so soon afterwards.

 

3. Most K1 refusals occur in perceived poor and/or fraudulent countries which unfortunately India is somewhat lumped as one. These COs know visa applicants from these countries will do just about anything to migrate to the US. Note also that the K1 application has questions about past visa refusals which the CO will have access to review before your interview. Make sure to answer those questions truthfully.

 

I want you to have this in perspective so it isn't a shock to you in case this happened. Just read the reviews in the K1 forum, where K1s are refused because "the CO said s/he just didn't believe that our relationship is real".

 

If I were the petitioner (i.e. your fiancée), I would have gone in for the spousal immigrant visa (i.e. I-130). That is if she absolutely sure & convinced she wants to marry you in such a short time of dating. Also, the spousal visas have less denial rates. Remember, a lot of people will just hook up with someone just to get a US visa. I'm not saying this is the case with you, but just putting in into perspective.

 

So yes, your past refusals may an have equal chance of affecting your success at the your K1 interview. I would advise that you two do a mock interview over the phone by asking questions of yourselves to anticipate answer some of the tough questions the CO will ask, and to clearly have answers to some of the certain things the CO will expect you know of each other in such a short time of dating in a LDR. I would also advise that, if possible, your fiancée must be at the interview with you. I'm not sure they will her in with you at the New Delhi embassy. But I'm sure if you and your fiancée do your homework well, you should get approved. Good luck!

Hi

 

I've been following this forum for quite a long time now or since my fiancé has applied for my K1 visa in US. Till now we've got the approval on our petition and our case has been forwarded from NVC, NH to New Delhi, India- US Consulate. But till now there hasn?t been any further communication from the local office, so we?re waiting for it.

 

I?m kind of terrified at this point, primarily because my interview day is coming close and we?ve been waiting for this moment so eagerly. If, by chance my visa is refused then it is very tough in the situation to think rationally and move forward. Secondly my B1/B2 visa was ?refused? in November 2012, so I?m scared about this aspect. At that time I never knew my fiancé; neither was I thinking about getting married. But now this whole marriage thing has happened so quickly and we?re really worried about getting the visa rejected on B1/B2 visa rejection grounds. So can anyone on this forum explain me about the dos and don?ts that I should keep in mind while going for my interview because I want to be fully prepared for everything beforehand. Can the US consulate ask me anything about B1/B2 visa rejection? Or deny my K1 visa on the grounds of B1/B2 visa rejection? Do they consider any prior rejection(s) on your passport for any other kind of US visa(s)? If so, then what precautions can I take to avoid it?

 

Thank you for your time and reply.

 

Harman

 


Boggy1974Male02014-02-28 05:20:00
K-1 Fiance(e) Visa Process & ProceduresCan I send DVD Videos to the embassy as proof of relationship?

Good decent photos is ok.

 

No DVDs

 

Not sexual.

but just showing me and my fiance spending time together alone.

 


Edited by Boggy1974, 02 March 2014 - 05:31 AM.

Boggy1974Male02014-03-02 05:31:00
K-1 Fiance(e) Visa Process & ProceduresPhoto help

I did not use "developed photographs".

 

We went to Wal-mart and printed photos into a collage on regular 8x10 paper. Worked perfect and we were approved one shot! Visa interview went smooth and easy and she's here with me!

 

Hello @ Boggy1974 and @EmN84. I too am planning to use a cross section of photographs over the course of our relationship. Are you using developed photographs in your package? I've seen suggestions to print pictures on regular paper and just wondering which of the two you chose to do? Thx!

 


Boggy1974Male02014-03-03 21:15:00
K-1 Fiance(e) Visa Process & ProceduresPhoto help

Include a cross-section of photos spanning your entire relationship. Good luck!

I was wondering what photo evidence needs to be included in the initial k1 visa application.

Do we only need to include photos from the past 2 years or from our whole relationship? I did not want to include too many photos, how many did you all send?

I dont want to make a mistake and make the application take longer than it needs to.

When going for the interview do i need to take more photos or only if they ask for them?

 

 

 


Boggy1974Male02014-03-03 18:52:00
K-1 Fiance(e) Visa Process & ProceduresIs the RFE an opportunity to submit more evidence NOT REQUESTED?

I would send the "new" relevant info -- pics, passport stamps, hotel receipts etc etc which helps to strengthen your case.


Boggy1974Male02014-03-30 06:10:00
K-1 Fiance(e) Visa Process & ProceduresSadly I got a RFE today waiting for my NOA2

One week to 21days.

 

My friend got approved a week after they receiving the RFE response.

 

 


Boggy1974Male02014-04-12 21:30:00
K-1 Fiance(e) Visa Process & ProceduresConviction in I-129F

It is possible to be ordered by a court to do something without being convicted.  For example a jiudge can order you to attend anger management class and once you finish it you come back to court and the case gets dismissed in consideration.

 

So don't assume that just because the judge made you do something there was a conviction.

 

Great advise/comment!


Boggy1974Male02014-01-29 05:53:00
K-1 Fiance(e) Visa Process & ProceduresNever Met My Fiance

No advice for the OP at this time, but I would say the thread makes for very an interesting read.

 

It exposes how confused the know-so-much in here are!


Boggy1974Male02014-03-18 20:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew update on i130
I doubt if that's an approval notice per se...Sometimes one gets that message when the petitioner does a change of address.
Boggy1974Male02014-01-07 00:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Filing Question

I was recently married just over a week ago. However, it was an arranged marriage, so I'm having some difficulty meeting all of the requirements; specifically, for the I-130 the requirement to show documentation for

 

E. joint ownership

F. joint tenancy

G. co-mingling of financial resources

H. birth certificate of children born to us

I. Affidavits by third parties having personal knowledge of the marital relationship

 

I've only known my wife for about 3 weeks (however we do have common distant relatives (no blood relation) which is how it was arranged), so off the bat, I cannot meet E, F, or H. 

 

Can someone please explain what the requirements are for meeting G and I? For instance, would I have had to sent money via e.g. Western Union over a long period of time to meet the requirement for G? And who are the best 3rd party people to use for affidavits. 

 

I appreciate the help.

Western union or money gram receipts can be used as evidence of financial comingling.

 

See the VJ checklist above the page, you should find plenty of ideas.

 

Affidavits could come from anyone who have knowledge of your marriage or r/ship. But note affidavits have little weight. Good luck!

 

Please fill in your timeline properly.


Edited by Boggy1974, 01 February 2014 - 11:42 AM.

Boggy1974Male02014-02-01 11:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow Does Visa Denial @ U.S. POE Affect Spouse Visa Application?
Refusal at POE or B2 denial will not impact the I-130 petition negatively (at uscis).

However, this could come up during visa interview at the embassy/consulate. Remember the DS 260 form has questions that must be answered to the effect of PoE refusal or visa denial.


Boggy1974Male02014-02-05 18:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures3rd legel way to submit AOS petitioner & co-sponsor not available

there is no "third" option. No other options. Zero, zilch, nada, nothing

This response is rude and dismissive of the OP, when in fact there is a third option of sponsorship -- through Assets.

I'm sure the mods and forum monitors are taking note & not turn a blind eye to such.


Boggy1974Male02014-02-11 08:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 denied due to stupid USCIS office mistake

We received a denial notice Feb 8, 2014 stating that we abandoned the petition since we did not submit a document they asked for Dec 10, 2013. Now let me explain, on Dec 10th, I get a letter asking for a divorce decree/death certificate to proof that I am not married to an imaginary person. The had my previous married name (first marriage-ended back in 2007) noted to be married to a man that was made from the first and middle name of my current husband (beneficiary) and the last name of my ex husband. I called them the moment I opened the letter and reported the insane error. The say they noted it and I will get a letter in about a week notifying me that they had been made aware of the error. A month passed and I got nothing. I called in and asked again and was told that  a typo was noted, but that it had gone on to adjucation already. Then about a month later,  we get the letter from the local field office and I'm optimistic until I'm hit with the worst. They say that they have denied us because we abandoned the petition by not submitting the document...I was livid...and that is putting it lightly. I am scheduling to meet with an immigration attorney asap. I am baffled as to how they can choose to ignore the multiple corrections and just push it through anyhow. We started this Dec 2012...I really, really do not want to start over because of their error.  Anyone had this happen before or anything similar?

Make an info pass and bring ALL your evidence in person!


Boggy1974Male02014-02-13 14:33:00
IR-1 / CR-1 Spouse Visa Process & Procedures165$ immigrant fee question

The $165 CG production fee has nothing to do with your POE... They will let s/he in, but if that fee isn't paid you will not receive the physical card in the mail.

 

So I don't think it makes much of a difference if one pays it before or after entry.


Boggy1974Male02014-02-17 21:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE advice needed - Cuba
Maybe you can post this in the Cuba regional subforum to generate specific responses. Or you can request a mod move it for you. Good luck.
Boggy1974Male02014-02-11 08:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long does it take to get a freaking case number from NVC?
NVC says it takes 4 to 8weeks. But it just about four weeks for ours.
Boggy1974Male02014-02-11 08:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to drop second last name?

Why he do a name change through a court degree in Mexico. Get a new passport & other IDs?

 

Then present these new docs when he comes over.


Boggy1974Male02014-02-17 18:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat are the chances that I will need a co sponsor for my petition?
Explain why you're correct. Any source info?
Boggy1974Male02014-02-20 06:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused about the process

Hello
 
I filed an I-130 petition for my wife on December 02, 2013. I thought I knew the process and the average waiting times until I came across a few posts here.
 
The USCIS website says the average processing time is 9.0 months for this petition at the Vermont center. Now I learned that the case goes to "NVC" after approval and it takes an additional 2-6 months. So is it 9.0 months plus the 2-6 months at NVC? Or is the NVC process included in the 9.0 months?
 
Another confusion I have is: does the interview come before the process at NVC or after?

If so, my family members who filed petitions for their spouses in the past say they got their visa to come to the US days after the interview. So is the interview process after the approval or before? 
 
 









- 9months +/- for uscis petition approval.
- 2 to 6months +/- NVC docs in-take process.
- Package shipped to embassy or consulate by NVC; visa interview scheduled. Medicals completed by visa applicant.
- Interview is conducted; if approved...
- Visa is issued; then you pick up visa or visa is sent to you by courier. Then you purchase tickets and fly to the States.

- On the other hand, CO can issue a request for more evidence (221g). In this instance, the process will continue until they receive what they need & visa issued. GL!






Boggy1974Male02014-02-20 07:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling I-130 fees from Canada, and (form I-864) of a none working petitioner
Now the wait begins (about 8 to 12months). But lets hope your moves quicker.

In the meantime, you read up on the next steps of the process to get yourself familiar with what docs you will. See up the to of the page. Good luck!


Boggy1974Male02014-02-21 06:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe got a weird RFE and need help
You can enquire from the embassy. They notarizr documents for a fee.
Boggy1974Male02014-02-21 06:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGood news? Bad News? Or No News?
Yes I agree this is normal/routine news. Lately that's what uscis is doing -- transferring cases and then notify you of the action taken & what to expect next (steps).
Boggy1974Male02014-02-21 07:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI130
Anywhere from 8 to 12months.
Boggy1974Male02014-02-21 06:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan spouse stay in US processing for NVC and visa interview?

We are currently both living outside US, however we might consider moving back to US before IR-1 processing is complete.
 
I (spouse) have a US visitor visa and there's no problem of staying for a few months in the states as a visitor, but not so sure if it's legally allowed to go through remaining processing (NVC and interview) from inland, any advice?

If you approved visa and cbp lets you in, then you can stay here while your case is processing at NVC.
Boggy1974Male02014-02-21 07:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Returns at Interview

Hi All. I believe my wife's interview will be after April 15th. I wanted to wait until she is in the US to file our 2013 return. I plan on filing for an extension.Would transcripts for 2010,2011 and 2012 along with w2s for 2010 through 2013 and last 6 monthsof pay stubs be good enough ? Thanks

If the interview if after April 15th then you will need 2013 tax transcripts or copies of the tax forms you actually file.

If I were you, I would look more into this so you don't get surprised with a 221-g for current tax returns(Even though agree with you that 6months of your pay stubs should suffice).


Boggy1974Male02014-02-21 07:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help and confused
Yes you the I-864 even though you a joint sponsor. And you submit your tax transcripts or forms.
Boggy1974Male02014-02-21 06:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEgyptian husband, we live in Senegal I-130 ?s
Just to add: I think looking at your timeline, it will be a good idea to bring the kids to live with you in Senegal; If you don't want to leave your husband there alone, because you're looking at a wait time of anywhere from 8 to 12months until visa approval. Then you guys will potentially be facing AP for an extended period of time.
Boggy1974Male02014-02-19 06:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEgyptian husband, we live in Senegal I-130 ?s
AP is acronym for administrative processing...where embassies/consulates place approved visa applicants into extra security and/or background checks. Sometimes to put more scrutiny on paperwork to ensure it is order.

Unfortunately this is more often done on males between a certain age range and from MENA and/or Muslim countries. Sometimes people are placed in AP for no specific reason(s)...and that's the unfortunate part. GL!


Boggy1974Male02014-02-19 06:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner filed for bankruptcy, is it an issue

My husband that is the petitioner for I-130 filed for bankruptcy 6 months before we married. Is that going to be a problem for the I-130, having in consideration that now he has a good job and salary?

No.
Boggy1974Male02014-02-21 17:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNot sure which box to tick (split topic)
I would send the last 3yrs. We sent the last three yrs of our tax transcripts. My wife was approved easily.
Boggy1974Male02014-02-21 06:51:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat's next

Read links below:

 

http://www.visajourn...tent/i130guide1

 

http://www.visajourn...he_NVC_ShortCut

 

http://www.visajourn...wchart_v1-2.pdf

Hi guys
My wife and I have file the I 130 since december 2013 and have gotten our NOA1. My questions is now what's next ? And when we get approve for the I-130 do we still pay any fees for the next stage? Pls fill us in on the next procedure???

 


Boggy1974Male02014-02-22 06:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLast minute tips before the interview?

The interview is always not as hard as it seems if we do our homework well. It appears you have done so.

 

I wish you two the very best!


Boggy1974Male02014-02-22 11:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLast minute tips before the interview?

Anyone? Even if it's just a yes, it looks good.
I'm very nervous about missing something. Please help me alleviate some of my anxiety. Thank you.
 

Ask your husband to sleep well the night before the interview.

And you also take it easy.

Anyway your evidence package looks solid!




Boggy1974Male02014-02-21 17:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP,HELP,PLS.
OP, sorry I'm on my not so smart phone. Hopefully I can respond adequately when I get home on my computer.

You can check under my content. I believe I posted this exact sample rfe of my friend last year. Look through my response then and you should find your answers to your rfe. Good luck

And just so you know OP, your rfe is very common kind issued by uscis to perceived fraudulent poor countries.

Edited by Boggy1974, 26 February 2014 - 05:04 PM.





Boggy1974Male02014-02-26 17:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP,HELP,PLS.
DNA is the most expensive and very last resort of proving legitimation that's why you see last on the RFE.

There several documents that prove legitimation if you had the child out of wedlock. I actually help a friend overcome such a rfe. Examples docs to present include:

1. Life insurance documents like military SLGI which shows the child as a beneficiary.
2. Evidence of having lived with the child at same address
3. Affidavits by family who were there when child was born (I admit this is weak though).
4. Evidence of Financial care of the chil
5. Baptismal certificates
6. School records with parents name
7. Receipts of Taking care of such child; clothes, food, rent payment receipts, hospital bills for the child
And #8 is DNA.

DNA in and of itself does NOT prove legitimation. Dna only proves parentage. So in order to prove legitimation, the response needs to incorporate a combination of the above to include DNA, if you have the money to request it & the time it will take for collection and uscis actually getting the results.













Boggy1974Male02014-02-26 16:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I go to the USA on a tourist visa?

Hi all,
 
So I filed an I-130, which got received on January 2nd, 2014.... it went to Nebraska.
 
I had assumed we'd be done and dusted very quickly (we went through the immigration process for my husband to come to the UK and the processing time for the fiance visa was less than a week!) and I went ahead and booked a boat ticket for July to get into the USA and let my work know I'd be leaving.
 
Now realising that actually that was a huge mistake... and that if I'm lucky I'll have a green card by the end of the year. 
 
My question is, is there a way I can go into the states on a standard tourist visa and spend 2 months or so living with my husband? The idea of being apart for a year is horrible, I don't want to waste the boat ticket, and the reason husband went back to the States is because his mother is pretty ill. I'd really like to be with him while he goes through that.
 
How likely is it that I'll be approved, with the I-130 sitting in processing?
 
Thanks for all your help.
 
 
 














Yes.
Boggy1974Male02014-02-27 18:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSCIS to NVC

I had two I-130 (Nebraska Service Center) Petitions approved - Notice Date February 19th
One for My Wife and One for Our Step-Son - Both in Russia
I'm being told that it will take up to eight weeks to arrive at the NVC.

Is this a realistic or conservative estimate?
Anyone with recent statistics?

I was hoping to be together for our April 4th Anniversary.
Doesn't look promising if it's going to take eight weeks.

Also, My wifes I-797 NOA2 assigned her an Alien Registration No.
But my Step-Son's I-797 NOA2 did not assign him an Alien Registration No.
Should he have one as well?











Its odd why your step son did not get assigned an A-# I would call to ask why.

Look into CCA 2000 for your step son. I believe he should derive us citizenship based on that. Probably that might also explain why he is not assigned an A#? Doubtful because he has to get one though.


Boggy1974Male02014-02-27 18:11:00
IR-1 / CR-1 Spouse Visa Process & Procedurescover letter
There is a clearly laid out "Guides" up the top of the page to follow. Take a look and you can't go wrong with that.

Best of luck to you!


Boggy1974Male02014-03-05 08:40:00