Another "can he visit" question, but with a twist

[TimsDaisy 0]

So, here's the sitch: my fiance got denied entry back in Jan of 06 because he had overstayed his I-94 (NOT his visa, though it's still called a visa overstay). The charming airport blokes told him he should feel "luck" since "all he had to do was just get a visa" to come back. So he isn't banned, but he lost his VWP privileges. Major bummer, to put it mildly.

So we're in the midst of the K1 process right now. He tried for a tourist visa once (April, 2006) but was denied for lack of proof of ties to his native UK. In short: he had left his job to move here for the time he was here on his first tourist visa and didn't get new full time work since he had plans and plane tickets to come back to hang out with me for 2 months before we returned to the UK together to travel. He also finalized his divorce in 2006 (after a 2+ year separation). And the ex bought him out of his house. VJ-ers see all the problems here . . . .

Here are my questions then:

1.) Do you think it might be worth a go to apply for a tourist visa again, this time presenting all the K1 paperwork and saying, look, he'll have to come back for the interview, clearly we aren't going to jeopardize this much more important process by mucking about. Also, the evidence from the first attempt at a visa in 2006 is consistent with the facts of the situation now (he said he was visiting his girlfriend, look, now I'm his fiance, etc etc). Forgetting the in-the-grand-scheme-of-things-nominal application fee, worth a go?

2.) Would it have any negative bearing on the K1 process? Slow it down? Distract from the important focus?

I would think - probably because I want to rationalize this into being a plausible idea - that it shows we follow everything to the letter after learning a very, very unfortunate lesson from a good-faith error.

He still doesn't have a full time job - but I do and I simply can't fly to freakin' England often enough, you know?

Thoughts?

[JenT 0]

What can it hurt to try? I would....

[TimsDaisy 0]

Well, that's part of my question - whether it might hurt at all!

[Fandango 1,439]

How long does it take to get a tourist visa?

[TimsDaisy 0]

Depends. But it takes a few weeks to get the appointment time and the last attempt involved SIX HOURS of endless waiting at the embassy. It was a wholly unpleasant experience for him.

[DA BOMB 1]

"He tried for a tourist visa once (April, 2006) but was denied for lack of proof of ties to his native UK. In short: he had left his job to move here for the time he was here on his first tourist visa and didn't get new full time work since he had plans and plane tickets to come back to hang out with me for 2 months before we returned to the UK together to travel."

He once possessed a tourist (B2 or B1?) Visa and then was denied? I have a similar problem as my guy has a mark on his police record that can be cleared up with a waiver but we cant risk him flying over (being that we're honest on the I-94 questionare) I wanted him to apply for a tourist visa as the waiver of ineligibility will permit him to obtain one BUT it seems you need major ties in the home country. He doesnt own a damn thing...has a job but hasnt worked there long (wealthy from inheritance) and the only family members he has are his Father and Grandmother neither of which depend on him. So we're stuck with me (4 months pregnant) and the other two kids flying over to Scotland while this thing gets processed. (I work so I cant stay there) To top it off Im waiting for his passport pics to send this K1 off...I have an IMBRA situation and the waiver of ineligibility will take 12 to 16 weeks longer AFTER the interview date. FFS..I have a rough road ahead lol.

[rebeccajo 14]

TimsDaisy and Mrs. Billy Bong....two very different scenarios.

For both of you, the answer to 'will it hurt to try' - no, a tourist visa denial will not affect a K1. The reasons for denial of a tourist visa in the UK would be completely different ones than the denial of a K1.

In both cases, I do not know if a K1 in progress would impact the decision to grant a tourist visa.

Daisy, I don't think it would be granted - and I don't think it's worth the bother. I'm concluding this because he just gave it a go 9 months ago. I don't think he would have a different result now. I also believe that you are 'close enough in' with your petition that your K1 could literally beat you to the tourist visa.

Mrs - he may be able to get one. I know of another person from the UK with blotches on his record, who didn't own property but had a stable job to go back to, who possessed a tourist visa. It may depend on how his job is viewed.

Edited March 7, 2007 by rebeccajo

[rebeccajo 14]

TimsDaisy - how long was the previous overstay?

[TimsDaisy 0]

TimsDaisy - how long was the previous overstay?

About 4 months. But not past that 180 day magic number, nor was it past the actual visa expiration date, both of which, from what I understand, would've resulted in much harsher penalties. From what I know now, we don't need to obtain any waivers, etc, because of that prior incident.

[*julez* 124]

I personally believe rebeccajo is correct. She been around VJ long enough to have seen a lot of what can happen in these situations.

I know its stinks with you having to go there all the time, but at least you have the option of doing so. Before you know it, he'll have his Visa in hand and you guys can get on with your lives!! Good luck!

[Yodrak 7]

TimsDaisy,

The visa expiration date is a non-issue. A visa is nothing more than permission to come to a POE and request entry. Once entry is granted the only thing that counts is when the I-94 says that the allowed stay is over.

The 180 day overstay point is what would have kicked things up a notch.

Yodrak

TimsDaisy - how long was the previous overstay?

About 4 months. But not past that 180 day magic number, nor was it past the actual visa expiration date, both of which, from what I understand, would've resulted in much harsher penalties. From what I know now, we don't need to obtain any waivers, etc, because of that prior incident.

[DA BOMB 1]

Thanks for your info rebeccajo! One more question (ok a couple)...My man's in Scotland. Do you know if he has to travel to London for a tourist visa interview? You're sure if he's denied a tourist it has no bearing on the K1? Do you know if he files for a waiver of ineligibility for the tourist visa and its approved will he still have to file one for the K1? AND last but not least....is traveling to the US on a tourist visa even allowed when a K1 is processing? Sorry to bombard you with the questions. I rarely ask because I assumed he couldnt get one of these.

[TimsDaisy 0]

You probably need to start a new thread/check some of the other threads.

Traveling is allowed whenever the government lets you: that is, a K1 application doesn't prevent entry on another kind of visa, if you can get it. It seems your fiance can't use the VWP either? Is that the problem?

And yes, from what I understand, especially if his situation is complicated, he'll likely need to go to the embassy in London.

(btw: if you're short on funds/time to get to and from Scotland, there's always Canada.)

Edited March 7, 2007 by TimsDaisy

[Yodrak 7]

MRS BILLY BONG,

That would depend entirely on why the tourist visa is denied. There are many grounds for ineligibility to enter the USA, and for some of those grounds ineligible to enter is ineligible to enter, whether as a tourist, some other class of non-immigrant, or as an immigrant or intending immigrant, although in some cases there may be waivers available for marriage-based immigrants and intending immigrants.

But perhaps the most frequent reason that tourist and other non-immigrant visas are denied is because the visa applicant is believed to have immigrant intent. DUH, K-visa applicants are expected to have immigrant intent. Immigrant intent is not a minus, it's a required element of the case for a K-visa applicant.

Yodrak

..... You're sure if he's denied a tourist it has no bearing on the K1? .....

Edited March 7, 2007 by Yodrak

[DA BOMB 1]

You probably need to start a new thread/check some of the other threads.

Traveling is allowed whenever the government lets you: that is, a K1 application doesn't prevent entry on another kind of visa, if you can get it. It seems your fiance can't use the VWP either? Is that the problem?

And yes, from what I understand, especially if his situation is complicated, he'll likely need to go to the embassy in London.

(btw: if you're short on funds/time to get to and from Scotland, there's always Canada.)

He cant visit on the VWP because he knowingly has a criminal conviction that requires a waiver of ineligibility. This crime is 100% waived according to all the millions of sites I've scoured. SOO - I thought maybe while the K1 is processing he can spend 6 months here to visit before and after the birth of the baby. I figured the wait time for a tourist visa interview is MUCH shorter than the K1 so we could get the waiver thingie out of the way and it might even help when it comes K1 interview time.