claudia13839

Hi everyone,


I have a question. I am petitioning my husband on the K3 or the I-130 (whichever one is first, because there is no telling now). He applied for a tourist visa about 6 months ago in Venezuela and was denied (we were not married yet). Will his denial come up the day of his interview? Will he have any problems considering that we are both very young? Someone told me that they didn't even mention his their prior denial the day of their interview, does it matter? If anyone has been in a similar situation, please comment.

Thanks

Ranjini

The denial of a tourist visa will have absolutely no bearing on a spousal visa or K3. Don't worry about it.

Mrtravel

Ranjini wrote:
    > Originally posted by claudia13839
    > > Hi everyone,
    > >
    > >
    > > I have a question. I am petitioning my husband on the K3 or the I-130
    > > (whichever one is first, because there is no telling now). He applied
    > > for a tourist visa about 6 months ago in Venezuela and was denied (we
    > > were not married yet). Will his denial come up the day of his
    > > interview? Will he have any problems considering that we are both
    > > very young? Someone told me that they didn't even mention his their
    > > prior denial the day of their interview, does it matter? If anyone has
    > > been in a similar situation, please comment.
    > >
    > > Thanks
    > The denial of a tourist visa will have absolutely no bearing on a
    > spousal visa or K3. Don't worry about it.

Actually, it depends on the reason for the deni
    > --
    > Posted via http://britishexpats.com

Matthew Udall

I have a question for you and please answer honestly. Were you and your husband "engaged" on the day he filled out the OF-156 that he submitted to try to get a tourist visa? If so, did he check the box saying he had a fiancée in the U.S?

If you were engaged and he did not check the box, that could be trouble and cause delays, or worse. Even if you were not engaged, they could suspect that you were, and that he was not truthful on the OF-156.

I just found out yesterday, that I have this very issue rearing its ugly head in a K-1 case in Manila. The couple “really were not engaged� on the day she tried to get her tourist visa (which was denied), and a month later he flew there and proposed. But the Consul did not issue the K-1 visa yesterday once he saw that she had applied for and was denied a tourist visa before. He said it might take him 6 to 8 weeks to check into this (and I "know" what he's going to do... he's going to find her OF-156 [they keep them on file] and see that she did not check the box saying she had a fiancée in the U.S. [which of course she wouldn't have checked the box, as she was “not� engaged at that time]).

I don't plan on simply letting this stew for 6 to 8 weeks and instead I'm going to bat for the client and be proactive (of course, at no additional fee to the client) by faxing the officer in a day or two, with a nice respectful, polite and professional letter offering to assist in any way I can, asking if I can call and talk to him about it, and asking him to have the client's file in front of him during the scheduled call. There really should not be any problem, but in this day and age of zero tolerance, these sorts of things (suspicions by the Consul… and keep in mind that this is happening in Manila, one of the highest “fraud� posts on the planet) will happen.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm

Matthew Udall

Just wanted to give a follow up report to my posting above. I received a call from the petitioner today, who told me his fiancee's passport arrived to her today, with the K-1 inside.

Good luck with your cases.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm