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Chances of K1 Visa approval

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  • Chances of K1 Visa approval

    Hi,

    My friend is currently 25 year old. She was adopted legally by US parents (relatives) while she was 9 years old in India. However US adoptive parents filed 1-130 petition after few years (8 years after adoption) and visa for a child adopted abroad Visa was denied around 2008 ( most likely due to lack of bond between adoptive parents and child as there were only occasional visits by adoptive parents). Her adoptive parents are settled in US.
    She is still in India and doctor by profession and her biological parents are in India. Last year she had applied for US-Visitor Visa to appear for USMLE CS clinical license exam. Her visitor visa was denied as her adoptive parents are already settled in US (ties in US, her interview question was that her immigrant petitioned was done way back).

    Question : What are her chances for spouse based visa approval if she decides to get marry to US Citizen in India. Would there be any chances of spouse visa refusal since her immigrant petition was done was adoptive parents in past(It was denied). Now her legal parents per all papers are adoptive parents? I would like to get any feedback should she go with K1 finance visa or marriage base visa). Any complications in this case.

    Thanks a lot,

  • #2
    Although it is complicated, the fiance visa route or the spousal visa route are both viable options. I guess the fact that she's shown immigrant intent before several times and has gotten refused on all occasions may make it difficult to predict. Having been rejected for previous visas, however, doesn't bar you from applying again as long as there's no inadmissibility or ineligibility.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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    • #3
      Her chances of getting a K-1 or CR-1 are good.

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