Applying for tourist visa (B2) with K-1 in process or no??

[Roxyroo 1]

My fiance and I are strongly considering canceling our K-1 petition, staying in Colombia a year longer (or 2), getting married here and reapplying on a CR-1. I live and work here in Colombia. We were waiting for NOA2.

However, and this is the stupid question, I very much want him to to meet my family (who I know are not coming to Colombia anytime soon), and therefore he would need to apply for a B2 tourist visa. With this in mind, is he more likely to get approved for a B2 if the K-1 visa is in process--or is this automatic denial, because the K-1 is in process? MUST I cancel the K-1 in order for him to request a B2?

If so, is it better to wait to cancel until receiving the NOA2? In my thinking, we have proven to someone with this that we are a legit couple...?

Clearly I am very confused, sorry.

If he is approved for a B2, we can always cancel the K-1 when we return to Colombia after the trip to the States.

My fear is if we cancel and then he applies for a B2, the CO will view it as a scam to get into the US. But if we apply while the K-1 is in process, I could see the CO saying, You can't have your cake and eat it too. Just wait til the K-1 is approved, forget a B2. Then if we cancel and wait to get married, he'll never meet my family.

I read the following on the K Visa FAQs:

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

This may actually be the most common question in the newsgroup, asked on a near daily basis.

A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."

A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending".

Along these lines, in anyone's experience, have letters been helpful in obtaining a B2? I know it won't be easy from Colombia. I could have my father write a letter inviting him, and possibly attach a I-134??

Thanks guys....

[Badgerella 5]

I've been denied a visitor visa four times.

Three times for no good reason at all; last time because we were, again, honest and said we had K-1 pending. (First three times there was no K1.)

Zagreb/Croatia is not a high fraud embassy nor do people here are dying to immigrate to the US. It's a very, very random one.

I would assume trying to get it in Colombia is basically a waste of money. But I could be wrong, since it's all very random and makes no sense!

Good luck, either way.

Edited October 27, 2008 by Badgerella