Do tourist visa denials affect my K-1 visa case? What about ESTA ?
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Past B1/B2 visa denials usually don’t affect your K-1 visa case unless there’s an inadmissibility. The same goes for ESTA.
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If your fiance has a US tourist visa or ESTA (VWP), consider yourselves lucky. In fact, consider it a privilege he/she’s allowed to visit you at all.
Because most people around the world don’t get past the Embassy stage when applying for a visitor visa (B1/B2) to the US. Let alone be granted the privilege to visit multiple times. The denial rate is mixed and it depends on lots of factors.
So, it’s no surprise that you should use it carefully. And to the US Customs and Border Protection (CBP), this is a big issue, too. They’re on the lookout for visa or ESTA abuse. As a result, they deny some people entry at the border.
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But if you’re in fiance K-1 visa process — or thinking about doing it — this is especially worrisome. A common question I get in my inbox every morning is:
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“What if I was denied entry at the border and turned away. Does this hurt my K-1 case?”
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And if they have been denied a visa their question is:
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“I’m worried about a past visitor visa/ESTA denial. Does this affect my current K-1 case?”
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Fortunately, there’s not much to worry about unless there was an inadmissibility involved (e.g. overstay or some other violation). So, let’s unravel how this works and if you need to worry about your future k-1 visa interview.
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I applied for a tourist visa and it was denied. Does this hurt my K-1 visa?
Alright, let’s start simple. We’ve got 3 scenarios of those applying for a tourist visa. Let’s say your fiance’s…
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- ✧ Visitor Visa was denied before meeting you. Your fiance didn’t know you back then, goes to apply for a visitor visa (for some reason) and gets denied by the US Consulate. Does this “denial record” hurt your current K-1 situation even though it’s unrelated? (quick answer: usually not, but it depends on why you’re denied. We’ll cover that in a minute)
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- ✧ Visa denied after meeting you. Let’s say you two have a relationship and your fiance wants to come visit before you apply for a K-1 visa. What if your fiance applies for a tourist visa but gets denied? Is it bad for your future K-1 case? Did they suspect something? (quick answer: again, it depends on why you’re denied)
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✧ Visitor visa denied after filing the I-129F. Let’s say you filed the I-129F and while you’re waiting, your fiance decides it’ll be nice to visit you. And the B1/B2 visa application is denied because they think there’s no “strong ties to home”. In other words, they don’t believe you’ll come back. Does this hurt your current K-1 visa case? (quick answer: it depends on why you’re denied)
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For all three scenarios (#1, 2, 3) most of the time, a B1/B2 visa denial isn’t a problem for your K-1 application. Because every visa application is treated independently.
So, keep in mind: just being denied means very little. But, it does matter WHY you were denied. And if denied for the wrong reason, it spells disaster.
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A tourist visa denial is usually not a problem unless there’s an inadmissibility
It’s okay if your fiance goes to the interview and says “I want to go to the US to visit my fiance”. And in turn he/she is denied for no “strong ties to home”.
You see, it’s normal for Consular Officers to suspect you two just got tired of waiting for the K-1, and plan to marry and adjust status in the US using a tourist visa.
That’s why many K-1 couples are denied a visitor visa.
But, it’s worth a shot, right? The best that can happen is you get the visa. The worst is you get rejected and have to cancel plans. But there’s no harm done because it doesn’t affect your K-1 process.
Not unless your fiance’s denied due to an inadmissibility or ineligibility. Meaning some kind of immigration violation. Because those can bar you from the US (3 years, 10 years, or a lifetime). And be automatic denials for future visas.
So, what kind of things can get you in trouble enough to get you barred?
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Inadmissibility or ineligibility
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- ✦ Lying (misrepresentation). Lying (hiding material facts) is a grave offense. For example: let’s say your fiance applies for a tourist visa but instead of saying “I’m visiting my boyfriend / girlfriend / or fiance”, they say “just tourism”.
This could be considered a lie (misrepresentation INA 212(a)(6)(C)) if the officers find out. Worse, it’s grounds for future visa denials — including the K-1. Because you committed an immigration offense and lost credibility.
How, you may ask, will anyone ever find out you lied?
Well, imagine at your K-1 interview, the officer reviews your B1/B2 application and realizes you said the purpose of the trip was “tourism” but instead you clearly planned to visit your fiance. And verifies it with your K-1 documents. Will they spot a lie?
I can give you dozens of examples. But the moral of the story is — no matter what happens, don’t lie. It will come back to haunt you.
It’s better to be denied a tourist visa because of no “strong ties to home” (like everyone else does) instead of being barred after being caught with a lie (misrepresentation).
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- ✦ Using fraudulent paperwork – This falls under the same category as misrepresentation. And it may or may not apply directly to a tourist visa application, but it definitely affects your K-1 visa process.
If you’re caught using fraudulent paperwork, consider it an automatic denial. For example: if you ever used a false tax return during the interview and were denied for misrepresentation (law INA 212(a)(6)(c)(i)). That’s ground for future denials as well. Your only way out will be to file a (I-601) waiver for the K-1 visa.
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- ✦ Unlawfully present in the US which means you overstayed a visa, were deported, or were in the US illegally (law INA 212(a)(9)). That’s a disaster– because it’s a documented immigration offense that you’ve committed.
Imagine if you overstayed with a tourist visa or ESTA for several days.
Well then, you can forget about a tourist visa or ESTA privileges– in fact, you might be ineligible for any visa. You will “serve” your time outside the US. Depending on the length of overstay, you’re barred 3, 10 or multiple years.
You may be inadmissible and need to submit a waiver (I-601) or have some serious explaining to do at your K-1 visa interview.
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- ✦ Criminal incident in the US. If you were involved in criminal activities while in the US, then you may also be inadmissible in the future (INA 212(a)(2)).
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So that’s what happens if you go to apply for a tourist visa at the Embassy. Remember, unless there’s some kind of inadmissibility (violation), there shouldn’t be a problem for your future K-1 visa.
Now let’s see what happens if you’re denied entry at the border.
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I was denied ENTRY at the border by Customs. Should I be worried about my K-1 visa?
Let’s say your fiance has a legitimate tourist visa or ESTA and for some reason gets turned away from the border. How does this impact your future K-1 visa?
Well, just like being denied a tourist visa, it depends on why you were denied entry or why the ESTA was revoked.
The typical reason is because the Customs and Border Protection (CBP) didn’t think you’re here for tourism (going back to the “strong ties to home” situation) or perhaps you’re visiting “too often” or “too quickly”.
And so you’re just turned back and allowed to “withdraw the application” (form I-275). This is considered getting off easy. Because it does not force a denial or bar on your records. And it’s usually not a problem for your K-1 application.
Or if your fiance has an ESTA then it may be revoked due to overuse (remember it’s a privilege).
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But, if you lied, misrepresented, committed a violation, or used fraudulent documents to Customs (CBP), then you may be placed in expedited removal which results in a bar, and you’re inadmissible. And this definitely hurts you K-1 visa chances.
But… let’s say that’s all in the past. What’s done is done.
If you were denied entry, how do you prepare for the K-1 interview? What kind of things are asked and how do you respond?
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- ✢ Bring your records. First things first – the Embassy has access to all your records. You have to be truthful during your Fiance K-1 visa interview why you were denied entry. Do not cover up facts because lying is an inadmissibility. Also remember to bring all your previous visa documents. The officers want to see all notices, papers or letters you’ve gotten regarding previous visas (denial or not).
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- ✢ Tell the truth. If you tell the truth, there’s a huge chance you’ll be approved as the officers just want to hear an explanation from you. This applies to both denial of previous visa applications and entry into the US. They will cross reference what you say now versus the facts.
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- ✢ Update your DS-160. The DS-160 is something you file before scheduling your K-1 interview. It asks about any previous visa attempts, denials, deportations, etc. Be sure to answer honestly with any incidents in your past travels to the US.
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- ✢ Inadmissible. Now here’s the worst situation: what if you had some kind of inadmissibility or past violation?
Meaning either at the B1/B2 interview or with Customs, you had a violation.
Well, it depends on the type of bar you get (3 year, 10 year, lifetime?). And it depends on if the officer allows a waiver (I-601). Needless to say this is not a good spot to be in. It’s a huge topic and we’ll cover it in another article.
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But for now, remember, as long as there’s no inadmissibility (or bar) during the denial of entry, it should not harm your K-1 visa application. Consular officers will only ask about the incident to verify the details. Not to force you into a corner.
Alright, so that’s great and all — the fact that past visa denials typically don’t affect our K-1 visa process. But, I want to talk about other interesting things that may happen as a result of denials or numerous attempts for a visa…
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Multiple visa attempts are a Red Flag
So, if it’s okay to be denied a tourist visa or even denied entry (as long as it’s not an inadmissibility), then does that give you permission to go crazy and apply for a tourist visa multiple times — just to try your luck?
Or repeatedly take a flight to the US, just to see if Customs will allow you in this time?
Well, no. You have to be sensible about it and not push your luck. You see, it’s one thing to be denied a tourist visa or entry, it’s another thing to try repeatedly.
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The more you do, the more it rings a “red flag” bell. It’ll force them to believe that you’re doing it just to get into the US by any means necessary. It may even force them to bar you. So, be careful and be cognizant of how often you travel.
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Previous visa denials
Many couples wonder if their previous rejected student visa, for example, is a problem for their current fiance K-1 visa. In this case, the same rules apply. It depends on why you were denied previously (i.e. inadmissibility?).
And the gap of time between previous visa attempts and current K-1 visa application is crucial. It becomes noticeable if it’s coupled with other ‘red flags’ (e.g. a short relationship, huge age difference, etc.)
It also depends on if your attempts look insincere. For example, were you recently denied a student visa and all of a sudden, you find an American fiance to sponsor you?
Again, it’s not an automatic ground for denial. However, you’ll need to prove you’re not deliberately trying to force your way in. Perception is everything. And you have to be prepared with a good answer.
And finally, just an interesting fact to share: the US Department of State shares data with select countries. So don’t be surprised if they know you’ve been rejected a United Kingdom (U.K.) visa recently right before showing up to the US Embassy.
Again, perception is key. And be sure to have a solid answer.
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Should you visit or not?
The best advice in all of this is: be wise.
Use your tourist visa / ESTA responsibly. Don’t visit too frequently. Meaning don’t spend more time in the US than your own home country. Keep a good balance and err on the side of caution to avoid looking like you’re abusing your visa.
It’s only a matter of time before your K-1 gets approved. You don’t want to muddy the waters with several visa or entry denials. And now I’ve got a question for you…
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Was your fiance denied a visa or entry to the US? Let’s talk about it below
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Hi,
My fiance got denied entry in 2019 because they thought he was going to work ilegally in the USA, when he was just visiting. They told him his esta was no longer valod and he had to return. They wrote on his passport 212(a) (i)(i) something like this. We got approved for k1 visa and are awaiting interview but is delayed due to covid. Do you think we will have a problem at the interview? Thabk you.
Hello Miguel! Thanks for writing in.
First things first, we cannot offer legal help on this matter.
However, what we can say is that the decision on issuing a waiver or not is totally on the consular officer’s discretion.
We recommend that you consult a legal professional.
-Cris (Visa Tutor Team)
What happens if you got your visa b1 canceled due to working in the US. Can it affect if I applied for a k-1 visa to married my girlfriend.
Hello Sam. Thanks for contacting us.
It’s known that any immigration violation may hurt a decision on granting potential applicants future benefits.
Since you’ve done an immigration violation by working unauthorized in the US during your B1 visa stay, you will face an inadmissibility and need to get a waiver for the K visa.
Any final decision is done under the immigration officer’s discretion.
Having a strong bona fide relationship and being able to prove them your intention is primarily to marry and start a family with your fiancée is the key factor to your K1 Visa approval.
The US Embassy will give you further directions on the date of your interview on your qualifications and ability to get a waiver.
-Cris (Visa Tutor Team)
(Visa denied after meeting you. Let’s say you two have a relationship and your fiancé wants to come visit before you apply for a K-1 visa. What if your fiancé applies for a tourist visa but gets denied? Is it bad for your future K-1 case? Did they suspect something? (quick answer: again, it depends on why you’re denied)
We went for the interview as a family of five and my father answered all the question, but in the DS160 form the purpose was mentioned as tourism, this was because the agent which filled our form informed us to mention that or else the visa will be denied, and my father mentioned to the officer the reason of visit was tourism,we were denied the VISA for reason 214B stating due to lack of international travel, my K1 petition was approved and I will be scheduling my interview for the K1 visa, what shall my reply be if the officer asks me about my tourist visa denial and why did my father mention Tourism in the form as a purpose of visit to US.
Please help me to answer this question I am very tensed regarding this.
Hello Javed
Thanks for getting in touch with us.
When asked about anything related to previous visa denials, always tell the truth.
You mentioned the visa was denied because of reason 214B, so, the best thing to do is to repeat this information to the officer.
What usually happens is if the applicant was a minor during that attempt, there will be less scrutiny, given that parents are usually responsible for filling out forms, etc.
Always provide truthful, succinct, and precise responses.
-Cris (Visa Tutor Team)
Hello, I’m on my K! visa application journey, interview stage. I’m so worried. I was denied twice last year for tourist visa. First, i told them i’m going to visit my boyfriend (now my fiance). The second one, i used a tour agency and when they asked me if i would see my boyfriend, i said NO.
I’m more worried now.
We can strongly prove about our bonafide relationship, but my previous history scares me for another refusal.
Hello CH,
B1/B2 visa denials usually don’t affect your K-1 visa case unless there’s an inadmissibility.
Only if you lied, misrepresented, committed a violation, or used fraudulent documents, then this definitely hurts you K-1 visa chances.
-Cris (Visa Tutor Team)
They cancelled my US visa and asked me to withdraw the application as I was visiting my fiancé. They gave me two paper work one was a sworn statement and the other was the petition to withdraw. The airline staff took both the paperwork along with my passport. She returned the passport but did not return the paperwork. Will I be able to apply for a k1 visa without the paperwork.
Hello Sharmi,
Yes, you can still apply for a K-1 visa. However, you’ll need to research about waivers for the upcoming K visa interview. Our K-1 visa interview preparation course discusses your steps/options if you’ve been denied entry and how to prepare for waivers at the K visa interview. Good luck
-Cris (Visa Tutor Team)
I was denied B1/B2 visa twice and applied for both in a matter of 2-3 months apart. When the CO asked me the reason, I told him my boyfriend and I would like to spend time together for Christmas and/or New Year with his family in the US, unluckily, I got denied. Now we are applying for the K1 visa after the 2nd denial which was just a couple of months prior and I am a bit worried about the past denials. For both denials, I was handed the blue slip by the way, if this is of any help.
As for our K1 application, we have received the approval, but we are still waiting for the case to be ready then I can proceed with the medical and interview, but then again, it is the only thing that worries me most. Do you think that no questions will be raised since the tourist and K1 visas application were just months apart?
Hello Ann,
As long as you don’t have any inadmissibility, your previous visitor visa denials shouldn’t hurt your K1 Visa.
I’d recommend that you read Prem’s article about this topic:
https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/
By reading this you’ll be more aware of what your case may look like.
-Cris (Visa Tutor Team)
We met on line in 2015. We were married in her country. We applied for a spousal Visa. It was disapproved because she was not divorced before we married. We have since divorced now to each other. And she is getting her first divorce in Philippines. I have visited for many months and daily stay in touch. Do we have a chance at getting a K1 Fiance Visa approved now in possibly 2020?
Hey Joey,
The requirement for the K visa is to be free to marry. If you’re sure the divorces are sorted out, you’re allowed to do the K visa or spousal CR-1.
-Prem
Hi just wondered what you mean by inadmissibility? I was turned away at Boston on an esta. I believe they thought I intended to work as I had been an au pair recently then travelled back after a month for the 90 days then came home again for two months before flying back to stay for 90 days again but that was the time I was refused.On one of the documents I have it says I have been found to be inadmissible under INA section 212 (a) (7) (A) (i) (I) as an immigrant without a valid and unexpired immigrant document.
It also says your application for admission under the visa waiver program will be refused in accordance with INA section 217. You will need to have a proper visa prior to commencing tracks to the USA in the future.
They did not tell ask me if I had a boyfriend so I don’t tell them either, this happened last week me and my boyfriend would like to start applying for a k1, so my question is is this an inadmissibility and when can we start applying?
Hey Georgia,
It sounds like there’s no bar in place, it’s just a one-time inadmissibility since they may have thought you’re abusing your ESTA privileges. Unfortunately, your ESTA is gone forever. You will have to apply for visas whenever you want to enter the US, even for a tourist visa. However, your last entry refusal doesn’t stop you from applying for a K-1 visa. You can begin anytime to file the i-129f for the K-1 visa.
-Prem
my fiance recently received a letter that he overstayed a visa he was on in the US by two weeks. his visa was granted for a period of 3 months but came a week early and left a week later due to flight fares. the letter stated warnings that could happen if you overstay but did not mention anything about being barred from the US. will this affect our k-1 visa process?
Hi Prem,
I’m a US citizen and I stupidly applied for a UK Visitor Visa. I say stupidly, because I was not aware that as a U.S citizen I did not need a visitor visa. Anyways, I was denied the visitor visa for mistakes on my part such as I did not provide strong enough ties. I DID provide that I had a job with paycheck stubs, but i did not provide proof with a letter from my employer that I would have a job when I came back. Which fair enough, I admit I would not have had one, because I work seasonally so I had planned to come back to work the season when Health Care Representatives were needed.
I also converted the money I said I had to pounds because that is what I thought I had to do, because every time I put the amount of money I had in my savings to dollars, when I would review the application it would just change the currency back to pounds. So, I just decided to convert the money to pounds but did the conversion wrong. So, what I was saying I had was not matching up with the paycheck stubs and the bank statements. I also provided my checking and savings bank statements, but they only looked at the checking which had very little money and thought that was everything, so they said that I would not have been able to sustain myself which was not true I had plenty of money.
Since this was a visitor visa I also did not realize I would have to provide proof of my relationship with my boyfriend, but I did mention he was the reason for my visit and included a letter of invitation from him but they said I did not provide proof that we were in a genuine relationship. All in all it was just me making mistakes and not including things I should have that got me denied. I applied more then 3 months ago and got denied december or early Jan? Now that I know about not needing a visa I had just wanted to try keeping my plans to visit him in March but I was afraid with the denied visit visa that I would have trouble at customs…I don’t know if maybe you would have any idea if I would actually have troubles? I know you were answering more for the K-1 Visa, I do plan to apply for a fiance one in the future but for right now I was just trying to visit him so we could get more pictures together and to show we’re visiting each other and still in a relationship but I have been pretty scared about my upcoming trip and when I encounter the UK customs because of this denial and for my future visa
My boyfriend is Italian. I am an American citizen. We met 2 years ago he has tried to come to see me with a tourist visa twice and he has been denied a visa based on article 214 b, during the interview he said he came only for tourism and never mentioned that he had a girlfriend in the USA, He applied for the b2 visa last month and it was denied, now I want to start the k1 visa process to be together, do you think this process could be satisfactory with the previous background? Thank you
Hey Aida,
That’s a fairly common question. He may have had previous visa denials and said something which the officer may or may not have jotted down in their notes. But the fact still remains, as long as he wasn’t denied with an inadmissibility, he can try for the K visa.
-Prem
My fiancé had a B1/B2 VISA. He stayed here for about 6 months in 2015. He returns in 2018 and stayed another 6 months. He left for 2 months back to his home country and when he tried to enter for another 6 months, he was denied entry and given a 5 year bar to re-entry as of December 2018. I’m previous visits he never overstayed 6 months. How much time should elapse before we can apply for the K1? Do we need to fill out any waivers along with the K1?
Hello Abena,
If your fiance got a 5-year bar, then he cannot enter the US for that period of time. You can still apply for a fiance visa, however, it’s up to the discretion of the Consular Officer whether he’ll be offered a I-601 waiver during the time of the interview. We cannot know until he has an interview for his K visa.
-Prem
Question..in 2014 i was given a visit visa and after a week i was called by the embassy while still in my country and they canceled it.They never explained why but i always suspect it was because i used an agency to apply the visa fo me instead of me doing it. In 2016 i tried again for a visit visa and was denied..now i and my fiancé wish to apply or a K1 fiancé visa in 2019..will what happened in the past affect my application?
Hello Lucy,
Without knowing much about why your visa was approved then canceled, we cannot guess how that affects your future K visa. Do you think it was a 214 denial or a 212(a) denial?
-Prem
Hey, first of all I would like to thank you. I am a Ethiopian citizen and my fiance is from USA. We met last year and I also wanted to go meet his family and applied for tourist visa but was denied and when I applied for the tourist visa I said I was going to see a friend so does it hurt my k1 process? Thanks
Hello Samrawit,
As you’ve read in this article, having a tourist visa denial normally doesn’t negatively affect the K visa process. Not unless there’s an inadmissibility. What denial was it? 214(b) for immigrant intent (i.e. no strong ties)?
-Prem
Hi Prem,
I got engaged with my fiance on August when he visited me the second time. We currently are finisihing the I129F packet. One thing that become my biggest worry, I was denied visitor visa B1/B2 twice. First it was on 2015 long before i met him. Second was in the beginning of 2018, but since my fiance is also my brother in law’s best friend who lives in the same area as well, i told the CO my purpose was to visit my sister and my niece and i did not mention that i have fiance (he was still boyfriend then). Do you think it would be a problem? What should i answer if the CO bring this issue up on the K1 interview in the future? Please advise.. this thing concerns me the most. Thank you!
Hi Van,
as you’ve read here, it’s common to be denied a tourist/visitor visa. It normally doesn’t bring up any issues whatsoever during the K visa interview unless there was an inadmissibility (violation) or some problem during entry at the border. If you feel like things might get confused about your prior visa attempt, the only solution is to tell the truth to the officer. Generally they will validate your responses from the notes of the previous interviewer.
-Prem
If my boyfriend was denied student visa twice for not having strong ties back home how long should we wait to start k1 process ?
Hello Isabel,
There’s no way to tell how long you should wait. You can technically file right away. You must, however, consider whether this presents any negative perception of your case. How long ago was this?
-Prem
Hello! My boyfriend and I are about to start the process for K1 visa. I have a plane ticket for June 2019, as I’m travelling with friends for turism on visa B1 already granted and also to see my boyfriend.
I’ve been to the US 3 times once a year for the past three years for 15 days each time.
If we start the K1 visa process and it takes more than 7 months, can I still go on my B1 visa to the US or will I be denyed entry?
Hello Sebastian,
You’re free to use your B1/B2 visa anytime as long as it’s valid. If you happen to take a trip to the US before you’re granted a K-1 visa, then it will not affect your process in any way. Once you’re approved a K-1 visa, you will use your K-1 visa to enter the US. Only after you enter with a K-1 visa, then the Customs officer may void your B1/B2 visa. So, for now, you can travel to the US with your visitor visa.
-Prem
hi when i was 18 i was denied a tourist visa 214 b i gues ties to my country ,, at that time i was a macedonian citizen,, now i am a German citizen and i am allowed a Visa Waiver the problem is when i do the visa waiver there is a question have you ever had a visa denied with your current or a previous passport or entry at a us Port what should i say cause if i say yes i want to be honest then it says that with this answer you will not be able to continue i mean i dont get it i am being honest and if i say yes it says you will not be able to continue the visa waiver program if i say no i can continue i just dont get it or should i call the embassy
Hello Chris,
I’m not the expert with VWP or ESTA, but I do know that if you have been denied before or if you have past issues with getting a visa to the US, then it automatically voids your ESTA application. In my opinion, you may not be able to get an ESTA. If that’s the case, you will have to apply for a tourist visa like everyone else. An ESTA application denial won’t negatively affect your K-1 visa situation.
-Prem
HI I have a question . I am applying for K1 visa. My fiancé is from Egypt. He was refused tourist visa I believe because he told the truth However I need to know , he doesn’t want citizenship to USA If he comes here to marry me can he returne to Egypt as he has work there
Hi Jenny,
Thanks for your question. That’s fine if your fiance was refused a tourist visa. As long as he doesn’t have an inadmissibility as a result of the denial, then he won’t have trouble at the K-1 visa interview.
If your fiance doesn’t want US citizenship, he’s not forced to take it. He can have a green card indefinitely. But keep in mind that once he’s approved for a K-1 visa and he enters the US, he can work with a K-1 visa only after receiving his EAD/AP card.
In addition, he can’t leave the US before he get’s an EAD/AP card which is roughly 6 months after submitting your I-485, I-765 or I-131 applications. You can read all about it in the link provided. As a side note, green card holders cannot live outside the US for too long before “abandoning” their status.
-Prem
Hello,
My fiance and I were seperated at the U.S point of entry after vacationing together in his home country. He intended to return to the States with me to stay for a little while, as he had a few months previously. He was stopped by a Border Patrol agent, and taken into the Customs office. I think the frequency with which he had been visiting me raised a red flag. We were honest about our relationship, and I suppose unprepared for this experience. After we were both thoroughly interviewed, and traumatized, he was denied entry. He the option to withdraw his application (he did), and his ESTA was revoked. We were told he was barred from the ESTA program for life.
Upon his arrival home we have decided to file a K-1.
I would like to know if our situation merits any concern. According to your article, we don’t have much to worry about but I am new to this and a little daunted.
Also, should we be concerned about minor criminal infractions affecting our K-1? I have a DUI charge from when I was 19 and am very nervous about it.
Thank you!!
Hey Lindsey,
Your story is, unfortunately, very common for those couples who like to visit each other often on ESTA. Like the officer said, the ESTA is a once-in-a-life deal. If it’s revoked, it’s gone for life. So, he will have to get a visa whenever he travels to the US. If he was allowed to withdraw his application to enter the US, then that’s the best scenario. He will simply have to take those documents with him when he goes for his future K visa interview at the Consulate. I doubt he will have trouble, like my article says here.
Your criminal history may affect your I-129F. It depends on the crime, sentence, etc. You can read about it further here https://www.visatutor.com/129f-k1-fiance-visa-criminal-records-petitioners/
In all likelihood, you will simply have to supply your certified court documents in your I-129F to comply.
-Prem
I am currently starting the K1 visa petition for my fiance. It’s just making me sick at my stomach reading all the things that can go wrong. He was approved last year and had his ESTA. He had traveled here and spent 2 month with me and my family after I was there for a month last year. We planned on him coming and spending 2 months this summer and he had a return ticket. He made it all the way to Detroit and was turned away and sent back home. He said he was here to visit his girlfriend. The Border Control officers asked him if he intended to marry his girlfriend and live here and get a green card some day, he said, “some day” but was just visiting this time. This was the end of our time together. They told him he had the wrong visa or papers and sent him home on the next flight out. We were devastated. They revoked his ESTA and told him he has to get a K1 visa and come back again with proper papers. It states this in his report. I am very concerned that he may be denied a K1 visa at the interview because of this situation. How does this affect our chances of being approved?
We are just sick about this.
Also, I have read that if you are approved for a K1 visa when he is traveling back to the US so we can marry, he should not say that he intends to live or work here. That this may get you sent back home. His intent is to marry me. So how do you answer this question again? It concerns me more trying to get back in the US after visa approval after all this.
Thank you for any advice.
Hello Chris,
What happened to your fiance is, unfortunately, typical of many people who are honest about their trip to the US. When the CBP officer asks what you’re coming to the US for, it’s the truth that you’re here to see your fiance. And if they ask “will you get married?”, then the answer your fiance correctly said was “yes, someday. But right now, I’m just visiting.”
He told the truth that’s why the officer didn’t bar him from the US. Being turned back is not the end of the world. Many people get turned back at the airport and still have a successful K-1 visa process. As long as you didn’t have an inadmissibility during your entry, then nothing hurts your chances. It sounds like your fiance had the option to withdraw his application and return. This is normal and doesn’t hurt your K-1. I would advise you not to worry about it too much.
Also, you may have misinterpreted the intention of a K-1 visa. The entire reason for getting a K-1 visa is to come to the US and marry your fiance and live here. That’s the whole reason for it. In fact, the only thing you should say in your CBP interview during K-1 visa entry, is that you’re here to live and marry your fiance. Working and employment should be an afterthought.
-Prem
Hi,
My fiance has been denied two times the B1/B2 visa with the last denial two weeks. When is the appropiate time for me to start the k1 visa process for her. Please advise thank you.
Hey Edwin,
Like you’ve read in this article, a denial doesn’t necessarily mean a problem for the k-1 process. It just means you have to disclose more information when you begin the K-1 process. When it’s time for the DS-160, you’ll have to put all that in. And the Officer may also inquire about it during the interview.
You’re free to begin your I-129F anytime because there’s nothing making you ineligible.
-Prem
Hi, I’ve read some details here about B1/B2 Visitor visa and I am planning to visit my fiancé for the reason that he and his mom inviting me to visit them in US and take my chance to meet his relatives and friends in this I could have chance to meet my fiancé in person and have a chance to know him better, and as per the requirement of K1 Visa me and my fiancé should meet in person for us to able to meet one of the requirement I am not going to lie during the interview in front of the consular. by the way me and my fiancé has continues communication up to now and just to prove him and his relatives that I have a clear intension of marrying him I have to do this. Do you think there will be a chance for me to denied by the consular if I will tell the truth about my purpose in visiting US I hope it will not affect our K1 application in the future. By the way I am based in Kuwait for work, please advice me what to do in this situation.
Thanks
Hello Mary,
You’re free to apply for a tourist b2 visa to come visit the US and your fiance. The chance that you’ll be approved depends on a variety of things and no one can guess. It’s good that you’re going to stick to the truth tell your intentions to the officers. If you have an ESTA, then you may use that to come and visit your fiance here. Otherwise, like for most couples, the US petitioner travels to meet the foreign fiance. Good luck with the interview if you choose to apply for a tourist visa.
-Prem
please Prem,
How can one know he or she is barred for 3yrs, 10yrs or lifetime? This is because consular officer don’t tell you during denials if one is barred. So how can we know?
Hello Jacobson,
Usually a bar exists for those individuals who overstay in the US past their status validity. You have to make your own determination if a bar exists on you or not. There is no official list or database you can check your name on. If you explain your situation a bit clearer, we might be able to figure it out. For example, when did you overstay? how long? do you have proof of it? etc.
-Prem
Hi Prem,
Thanks for this article.
I have a question, me and my fiancé are filling out the form and all the documents for the K-1 but we are wondering if my student visa denial last year would have an impact on the answer. We met about two years ago when I was an aupair and I don’t know exactly why I got denied my student visa (twice) I think it was because I didn’t show enough ties to my country because it was 2 years since I haven’t been in France (I was an aupair) but other than that, I really don’t know.
We took a long time to think about a solution to be together (or he will come here or we move somewhere else) and we finally decided that we want to get married.
What is your opinion about our situation ? What can we do to help our case ?
Thank you
Hey Jessica,
From what it sounds like you two have no ineligibility stopping you from applying for a K-1. Unless your previous student visa denials happened due to some kind of violation, then it’s not a problem. Non-immigrant visas such as tourist, student, etc. are a different class of visas compared to immigrant visas such as spousal, fiance, etc. Many people have had previous visa denials and continued to have a successful k-1 application. However, you must keep in mind the perception of your case. Does it raise any ‘red flags’? To me (from your story so far) there aren’t major red flags to be worried about. Feel free to email me if you’d like to discuss further.
-Prem
hello just want to ask my K-1 visa is now approved by the UCSIS but the problem is my fiancee got an vehicular accident and he’s now in recovery we only have until june 5,2018 what can i do with this situation do i need to inform the embassy they now have our papers.
Hi Jane,
Thanks for reaching out. And sorry to hear your fiance got into an accident. If your I-129F is approved and you’re ready for the K-1 interview, it’s not a problem to wait a bit longer. You see, the I-129F approved petition is valid for 4 months. Anytime between then you can initiate the K-1 visa process with the Embassy. If there is an emergency or some kind of event, you can always reach out to the Embassy and confirm with them that they’ll allow a slightly delayed application. I’m sure they will agree to it. It’s never been a problem in the past to apply a bit later. And if your fiance will be recovering until June, that sounds like enough time to get everything sorted out. Let us know your thoughts
-Prem
Hi, which is better? Fiance visa or marriage visa. In other words if I marry in her country and then apply for visa?
Hey there Tim,
that’s a good question. There are pros and cons to both visa types and you have to figure out what’s best for you two.
Here are some of the pros of a fiance visa:
1. K-1 have generally faster processing than a marriage based visa.
2. K-1 allows visas for couples who otherwise may not marry (example: same-sex couples).
3. Not required to have any formal ceremonies
4. Waivers available due to “extreme hardship” if you cannot meet face to face.
5. Required 100% poverty limits for interview phase (as opposed to a 125% in spousal).
Here are some of the cons:
1. More expensive than a spousal visa. Particularly the extra steps/time involved in getting a “green card”. You need to consider setting up a budget.
2. Denials possible if requirements are not met or there isn’t a genuine bona fide relationship.
3. It is not a guaranteed visa process as Red flags or other ineligibilities may cause denial.
What do you think? which route will you take?
-Prem
Yes, he was denied entry on his second visit to US because they went through his phone and determined he had worked for payment on his first visa. He did yards for neighbors to make spending money…we were not aware that odd jobs were not allowed – we are now!!! The Customs agent told him – “if you want to come back, file for a fiance visa”…which we did the day after they denied his entry.
Thanks Lanny,
That’s right. Unauthorized work in the US (e.g. odd jobs, babysitting for pay, or even working for family/friends for living allowance) constitutes an immigration violation. That’s because any kind of work (or getting paid) is not allowed on a B1/B2 visitor visa. The Customs Officer fortunately gave your fiance a “slap on the wrist” instead of a bar.
-Prem