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Prior Tourist Visa Denial and Subsequent K-1 Visa Application
Transcript of the above video:
As the title of this video suggests, we are discussing K-1 applications filed subsequent to a denial of a Tourist Visa application. So it's not an uncommon thing to see a US Tourist Visa denied at the US Embassy here in Bangkok based on the application of what's called section 214B of the Immigration and Nationality Act.
Basically this provision of the INA requires that the Consular Officer undertake what is called a 'strong ties, weak ties' analysis wherein they must adjudicate whether or not the applicant shows sufficient strong ties to their home country and sufficient weak ties to the United States. Oftentimes a relationship with an American is going to mitigate against that weak ties analysis and that can lead to a denial. Questions arise, "What happens if I have been denied for a Tourist Visa application and I am seeking a subsequent K-1?" As we have noted in another video, there appears to be a trend albeit a rather small trend where initial Tourist Visa denial is being or I should say information pertaining to initial Tourist Visa denial is being requested by USCIS in the adjudication of a K-1 application. We have seen evidence of that, I have done videos on that in the past. Yeah it could be an issue; it's not dispositive per se.
The big thing to keep in mind when applying for any visa to the United States is always tell the truth. The biggest issue that can get someone into real problems with a prior denial is a finding of prior material fraud or misrepresentation. That can really torpedo someone's chances of getting in the United States in any meaningful way. So the thing to take away from this video is while prior Tourist Visa denial may not necessarily hamper an ability to seek a K-1 in the future, it could have an impact on the processing of an application for a K-1 Fiancé Visa.