Visitor Visa while I-129F is in process ?

[crazymazy 0]

My fiance had tried twice for visitor visa at the Romanian Embassy but was denied both times - they said he did not have enough ties and alluded to us being more then friends.

We were but we felt this would give the cause they stated ..lol..even though he would not of over stayed his stay - as we wanted to file the 1-129F to begin with after his trip here.

So we filed the I-129F which we were going to anyway but he just wanted to see the US and still does - is a big move from Romanian and very different

My question is now that we have filed the I-129F - do you think his chances would be better to get a visitor visa ? I am planning my 3rd trip there in July to spend my summer shutdown - which I have fallen in love with Romania but think he could use the break and come here so may not be so nervous when the time comes to marry and move here

what do you think ??

Edited May 14, 2009 by crazymazy

[eric_and_teresa 10]

Some of us were granted a tourist visa while the K-1 was being processed. But EVERY case is different, in my case I've had several tourist visas prior to the one I got while waiting for my K-1.

IMO, the fact that there is a K-1 process pending doesn't really helps to be granted a tourist visa if the applicant does not meet the requirements for receiving a B-2.

I think its worth to give it a try if you are willing to risk loosing the $131.00 of the visa fee.

[baron555 934]

do you think his chances would be better to get a visitor visa

No, would be even worse chances now. He'll just have to wait. Take lots of photos and movies of your place, your house, where you shop, everthing, so he'll have some idea.

[Old Dominion 26]

Enjoy your trip! Romania is an enchanting country. Probably he will be turned down agailn, and told to wait for his K-1 to come to the U.S. When he arrives in the US, are there any families from Romany living near you? A Romanian Orthodox Church?

[crazymazy 0]

Thanks for the replies - was just wondering if maybe would be like "oh ok he will be back not to screw up I-129F" but apparently I think differently ..lol

I send him movies all the time and have my place on web cam for him - he watches my dogs when I leave ..lol

I think after reading some of the others posts - we are quite lucky as I have his work cam - so I "see" him every day

WE also found a site called talkster.com - is cool site - we put in our international numbers and they gave us a local number for each other - so we can call all the time on the phone for free - is not a bad connection and just few ads while connecting

We both have yahoo on our phones - so is like 24/7 "togetherness"

[baron555 934]

We use Skype all the time. I have WiFi at my house and fire up my laptop which has a webcam built-in. I then walk around the house and the yard showing her live video with commentary. She does the same using the long cord on her webcam in her apartment.

We moan when the Internet doesn't work??!!

[iLoveAPolishGirl 0]

I cannot speculate on your chances, BUT another member of VJ recently posted an experience where his fiancee was denied a B-2 visa and re-applied after sending an I-129F petition ... this was in Poland. He flew there are month or 2 ago and went to the consulate with her. The CO was about to deny the B-2 interview, when she asked the CO to speak with him. The CO agreed, and he apparently made a convincing case to allow her to visit to become familiar with local schools (she has kids) and so on. She was issued a multi-visit visa of some kind (he didn't exactly specify.) She is headed here for a visit soon.

This is the thread: http://www.visajourney.com/forums/index.php?showtopic=188490

Good luck!

dvc

[Richard-Joanna 1]

My fiance had tried twice for visitor visa at the Romanian Embassy but was denied both times - they said he did not have enough ties and alluded to us being more then friends.

We were but we felt this would give the cause they stated ..lol..even though he would not of over stayed his stay - as we wanted to file the 1-129F to begin with after his trip here.

So we filed the I-129F which we were going to anyway but he just wanted to see the US and still does - is a big move from Romanian and very different

My question is now that we have filed the I-129F - do you think his chances would be better to get a visitor visa ? I am planning my 3rd trip there in July to spend my summer shutdown - which I have fallen in love with Romania but think he could use the break and come here so may not be so nervous when the time comes to marry and move here

what do you think ??

I posted a very similar question a few months ago. Almost everyone told me it was a waste of time and money but that it would not hurt the K1 process at all. Seeing as from my point of view my SO has very strong ties and was still denied on her first attempt, this is what we decided to do.

1) My Congressman's office is only a couple of miles from my home so I called his office. I explained our situation and was told there was NO way that the US Embassy would issue a visitor visa to my SO since we had already filed for a K1. That it was just SOP... it just wasn't going to happen under some law that the immigration specialist cited. I thought about what this woman said and looked up the law that she quoted (sorry I can't remember it now) and didn't see any mention of it being a "LAW" anywhere. I went back the next day and talked with her again asking her to write a letter to the US Embassy requesting that the CO give my SO ALL the latitude that the law would allow, to look at the documents presented as evidence as to strong ties. The immigration specialist said that she would in fact email the Embassy on our behalf and she did just that. I also asked for a copy of this letter, which she did also give to me. It was an email by the way. (the US Embassy, Warsaw, did respond although I did not get the response until after I returned from Poland. The letter was basically a form letter stating that they would give my SO all the consideration under the law. It was obvious, however, that they did look up her file as they did reference the date and outcome of her first visit in their response.)

2) I was going to Poland to see my SO and children and although Warsaw is on the other side of the Country I was determined to do everything I could do to get her a Visa. So, she went through the normal hoops to get an interview, got the documents and photos requested an appointment for a day that I would be there so that we could go together. I was unable to get anyone to tell me if I could go to her interview or had to wait outside (which the website eludes to but does not come right out and say so). Being a stubborn man I was going to do everything I could do to get in for her interview.

3) We arrived Warsaw for the interview. We actually arrived about an hour early and got in the line outside (which was only 10 people or so at the time) and they let her in even though it was not her actual interview time. I presented my US passport and they did let me in. After about an hour wait she was called to a window check her documents and scan her fingerprints and was given a number and asked to sit in the waiting area. I wanted to sit in the front of this area so that I could hear what the interviews going ahead of us were like. After sitting and listening somethings were very obvious to me. Each individual CO is at liberty to grant or deny the applicant and it is VERY, VERY subjective. Oh, btw, when my SO was in the first line, she was told that I could not go to the window when she had her interview. Listening to interviews ahead of us... they asked all sorts of questions about ties to the country, how much they have traveled and to which countries... all seemingly relevant questions. Another thing was very obvious... in that some COs were very nice and some were very... ummmm... harsh? so much so that out of the 5 COs I really didn't want 2 of them to interview us and I really wanted this one gentleman that was very nice to each applicant took time to talk to them and smile... he had only denied 1 out of the 8 or 9 applicants he had seen. One of the Cos was denying 1 out 2. We did not end up getting either the knight on the white horse or the wicked witch.

4) My SO was called to the window after about an hour and a half. Since I was told I could not go to the window, I did walk up with her left her at the window and stood right behind her only a few feet away. The interview started with "So, you are back to try this again are you?" I heart sank and steam was coming from my ears. The second question was "Why are you applying again and who is this 'RICHARD' you have down on your form as paying for this trip?" My SO looking back at me and smiling a great big smile said, "he is my fiance and he is standing right behind me." The CO looked at me and said "Don't stand there, you can come to the window"

I nestled up to the window and then the interview really turned to the K1... "Fiance" he said, "Yes" I replied. He said, Well under rule 212b or 214b (I don't recall the actual number) I can not approve a visa as your SO has immigration intentions. I was happy that IF they were not going to give her a visa, that this is where the conversation went as I was very prepared to debate and argue that although my SO was indeed going to be immigrating to the US, she was not going to be doing so on her tourist visa and that is why we had filed for a K1. I was told that it is Standard Operation Procedure that this application be denied because of the immigration intent. I asked if this was a "LAW". I was told no, but it was just the way it was. After a cordial discussion and debate where I explained that my SO has traveled to other European countries numerous times and each time she has returned to her country, that she is leaving behind her two children with her Mother and obviously needs to return to them, that she needed to return for her K1 interview, that she owned her own flat and car... etc etc... the CO asked for my 129f... which was the ONE thing I didn't bring, Grrrrrrrrrrrr, I thought to myself but I did have my EAC number which I gave him. He tried to look on his system but couldn't find it or access it, which is when I laughed and said, yeah... well... welcome to the USCIS, I can't see it most of the time either and when I can it only says received and in process. He made a few phone calls and logged onto another system where he could see the received and pending notice... I said, look... My SO is a responsible, person, a good Mother and really does needs to come to the States to visit the schools... a conversation about the children and how their English was not very good... and more pleading about what is RIGHT and not necessarily going by the book ensued.

Ultimately the CO said... Look... I will issue her a 1 year multi-entry B1/B2 visa... but she can not overstay, not even one day... Obviously, I said THANK YOU, she will not... He also said that he would put some notes in his computer system so that the border patrol could see them and hopefully make it easier at the POE. He also said IF the BPO had any issues or if they were going to deny her entry have them call him.

Ok.... the point to this long story is simply this... the approval process, in my opinion, is VERY, VERY subjective... it is not objective at all.. the CO is at liberty to do as he/she pleases. Go prepared, if you can go with your SO.. go... you have nothing to lose except the $131. Remember the people behind the window at the end of the day are people too... they can be compassionate and empathetic so appeal to that. Being denied again will not affect the K1 at all so there is nothing to worry about there.

I hope this chronicle is helpful and most of all GOOD LUCK.

Richard

PS he never looked at the letter from my Congressman until the very end when he had already approved her visa and even then it was just a glance.