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Old Jun 16th 2012, 7:32 pm   #1
MathewSalisbury
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Default Applying for a K-1 after F-1 refusal

Hi all,

If anyone could shine some light on this situation it would be greatly appreciated. Please bear with me, as the story is a little long winded. Also, all of my travel in the U.S. has been completely legitimate and above board.

I have been working at summer camps under the J-1 visa for the last four years. In 2010 I met my girlfriend, an American Citizen working at the same children's camp in upstate NY.

We visited each other several times that year, and both returned to camp during the summer of 2011 to work. Whilst at camp, I decided to apply to complete my undergraduate at a university in close proximity to my girlfriend's home. I was accepted by the college, and successfully changed my visa status from J-1 to F-1 whist remaining in the U.S, completing one year of undergraduate study.

On returning to the U.K. in April 2012 for my mothers birthday, I was refused my visa at the embassy due to "lack of ties" to the U.K (214b). For those who might be unaware, a change of status is NOT a visa, it only allows you to remain in the U.S. to complete your intended purpose. You have to return to your home consulate to receive me visa.

The immigration officer stated I was not eligible for the visa as my girlfriend lives in close proximity to my college. Therefore I was unable to overcome the presupposed "immigrant intent."

I have always been honest about having a girlfriend in the states when questioned by officials at boarder control, and visa interview, because I understand visa misrepresentation can carry with it hefty bans and fines.

My girlfriend is due to complete her degree in May 2013, and I plan on proposing to her around this time. My big question is, could this previous visa refusal cause issues in the K-1 application? We would not be planning on starting this process for around a year or so, and I will be staying in the U.K. the entire year to build up the cash for the application and an immigration lawyer.

Has anyone had a similar experience? Or any knowledge on the subject?

Thanks for taking the time to read the post!

Mat
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Old Jun 16th 2012, 8:01 pm   #2
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Default Re: Applying for a K-1 after F-1 refusal

Quote:
Originally Posted by MathewSalisbury View Post
My big question is, could this previous visa refusal cause issues in the K-1 application?
No, there should be no issue, because you'll be applying for the correct visa for your purpose...immigrating to the USA.

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Old Jun 16th 2012, 8:08 pm   #3
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Default Re: Applying for a K-1 after F-1 refusal

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Originally Posted by MathewSalisbury View Post
My big question is, could this previous visa refusal cause issues in the K-1 application?
Nope!


Quote:
Has anyone had a similar experience? Or any knowledge on the subject?
It's a non-issue!

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Old Jun 17th 2012, 8:28 am   #4
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Default Re: Applying for a K-1 after F-1 refusal

Thank you so much guys!

All the best to you
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