Skip to main content

I filled K-1 petition for my fiance it was approved by USCIS and my fiance went for an interview but he was denied the visa

South Bay, FL |

He was given a refusal letter and the consul officers wrote relationship as a reason for refusal .i wrote the embassy but after 4 months i got a letter saying the case has been closed and they are not prejudiced and we could reapply. i got married to my fiance 2 months ago and would like to ask the 2 questions please advice me
can my husband go ahead and apply for a visitors visa to visit me in the US without getting denied based on the precious k-1 petition? although i'm yet to file a spousal visa petition .
can he apply for a student visa to come to study in the US without getting denied based on previous k-i petition

Attorney Answers 6


  1. Hello, both the visitor visa and student visa require non-immigrant intent which contradict the immigrant intent of the I-130. So I would not recomment filing the visitor or F-1. And since you have a denial of the K-1 for relationship, you should hire an experienced immigration attorney to handle this. Even though the denial was not prejudicial, this does not mean that you will not have problems again.


  2. Your husband will not be issued a visitors or student visa since he has made it clear that he wished to immigrate to the United States. Both the visitor and student visas require him to establish that he has a foreign residence he has no intention of abandoning. This is contrary to his intent during his K-1 application and the fact that he has subsequently married you. I suggest you consult with an experienced immigration attorney who can review the case in detail and advise what to expect and how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  3. I think this is the time way overdue but still good to hire an immigration attorney. See, this is not a general question. You are asking for a consultation. No problem, but not on AVVO. AVVO is a free general legal information blog, not a substitute for legal advice. Schedule an consultation with a competent and well recommended immigration attorney for that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Both the visitor visa and the student visa will most likely get denied. Both these visa require non-immigrant intent; meaning he is applying for these visa just to visit or to study, not to live here with his spouse. If the embassy knows that he has a spouse living in the U.S. it would be pretty hard to argue non-immigrant intent.

    On the other hand, if he gets the visa and enters the US with inspection, he could adjust his status once in the U.S. The non-immigrant intent issue still exist and it could potentially be a problem. A good immigration attorney could help you successfully navigate the issue, but I feel it unnecessarily complicates the case thus the cost.

    I would suggest you get an immigration attorney and do it properly.
    Goodluck.


  5. Your marriage is a bar to a visitor's visa, and also a bar to the F-1 visa. You need to petition him and he will need to wait until the petition is approved and transferred to the US Embassy in order to immigrate.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  6. Thank you for your question. Believe me, my office receives calls from couples all over the world who are in similar circumstances, so your question is very common. Unfortunately, it is likely that both the visitor visa application and the student visa application would be denied. For both applications, the officials at the consulate would have to believe that your husband intends to return to his country of citizenship as soon as the visa expires. Because your husband is married to a US citizen, the consular officers won't believe that he really intends to return to his country - that's why they wrote "relationship" as the reason for the refusal.

    The good news is that you and your husband likely have other options available to help him come to the U.S. In order to find out for sure, you should schedule an appointment with an immigration attorney. We would need more information about you and your husband to explain what your options might be. Congratulations on your new marriage!

    The information provided here is for informational purposes only and does not constitute an attorney-client relationship. If you have specific questions about your case, please contact our offices by calling (786)908-8612, or e-mailing info@visaattorneysusa.com.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics