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K1 Advice

Hello all,

I need a bit of advice for my current situation. I have been dating a Brazilian for the past half year and we want to do the K1 visa. Normally this would be straight forward, but let me provide the background..

We met in March and I stayed in Brazil with her from April to the beginning of October. I wanted to take her to the US so that she could see the country and meet my family, determine whether she liked it and learn English. She applied for an F1 visa back in July and she had her interview in late September at the Rio consulate. She was extremely well prepared, we had an agency that was helping us and every one of her responses was rock solid. They denied her visa on the grounds that “the US isn’t granting visas for this motive at this time” when she told them she was going to go and study English (I was never mentioned at all). The agency claims that she just got a bad consular that was in a bad mood, because other people with the same motive got approved the week before.

We didn’t want to go straight into a K1 visa because we weren’t sure if we wanted to get married and we didn’t do a tourist visa because tourist visa processing is suspended due to the pandemic in Brazil. I had to come back to the US and now we’re on separate sides of the globe and I just want to get her here any way possible. My question is this - is she going to get barred under 212(a)(6)(C)(i) Material Misrepresentation / Fraud if I do the K1 and they see the denied F1? Or do I just explain the situation, how we weren’t sure or ready to get married etc. Will they accept that? If not, what would be our best option?

Thanks!

submitted by /u/BitterCoast
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source https://www.reddit.com/r/immigration/comments/q3xgr9/k1_advice/
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