How To Get A K1 Visa Denied

[Grabii]

It's not easy to get a K1 denied, but one guy has recently accomplished the task. He declines to identify the Asian country in which this feat was achieved, but from the details he provided it could well have been Thailand.

Here is his story, posted in another newsgroup. Draw your own conclusions. My conclusion is that this tale confirms my belief that people who feel they have to provide volumes of documentation and overwhelming evidence of their relationship run the risk that they'll include something the INS or the DOS finds confusing, if not outright damning.

"Just had k1 fiance visa denied (from an asian country) because of moral turpitude, they discovered she had previously worked in a bar for a few months. The consular clerk who made the denial said we should apply for a waiver, and said a letter is required detailing how the denial creates hardship for me. The next day i talked to a gentlemen who seemed quite knowledgeable about the process and he suggested that the biggest hardship and most compelling reason for a waiver would be if we were already married. At the time this seemed logical so we got married there in her country. On the airplane back to the states i started thinking about the letter i would write for the waiver and thats when it hit me. I got a sinking feeling they are not going to give us a fiance visa under any circumstances now since she is no longer a fiance and a little research on the net seems to have confirmed this feeling. So i have numerous questions here. First, what are/were the chances of getting a waiver in this type of case? Second, if we go ahead and apply for the waiver will they know we are already married if we dont tell them? You have to fill out a form and pay a fee at the embassy for marriage, but the waiver is done by the ins in a different building so i dont know. Third, if we apply for the waiver and they do know we already married, would this constitute fraud to the extent that she would be barred from further applications for five years? I have been told that technically the marriage isnt official until she goes back to her province and changes her name, which she hasnt done yet. This sounds dubious to me but hey, i want to believe. Fourth, if we forget the waiver and start over with a k3 spousal visa how will the previous fiance visa refusal affect this? Geeez what a mess."

And from a subsequent post, here's what started it all.

"Well, we didnt exactly volunteer the info [about her working in a bar]. We had printed out all of our email correspondence and, since we had talked about this a few times in them, we culled out the ones in which it was mentioned. Unfortunately we missed one and of course thats one that they read. Faced with it in black and white she admitted to it."

Regards, JEff

[HSTEACH]

The problem with the waiver is that information is permanently in her file. In the Adjusment of Status interview, questions are asked about moral turpitude. If answered correctly, that adjustment can be denied. Maybe this guy should try for the K-3. If your going to apply for a K-1 visa, go over the information to be submitted a dozen times to make sure all the I's are dotted, the T's crossed and all the holes are filled. It's really hard to get denial on a K-1, but if you're careless, it can be done.