abandoning K-1, going for B2 (crazy we know!)

[kristinmadu 0]

so here's the deal:

my fiance and i live together abroad and have established lives here. we thought about moving to the US and applied for a K-1 in november, but we changed our minds and are staying abroad.

the embassy here got our paperwork from the NVC, and we got a packet 3 but we never submitted it. we even thought about going through with the K-1 just to get married and come back here but i didn't want to lie about domicile.

here's my question: when my fiance goes for the B2 interview, what are the chances that the consular officer will know we have a K-1 pending? of course we were honest on all the paperwork but they only ask about immigrant visas, so the K-1 isn't on there.

i would imagine the CO's don't do much prep work until the packet 3 comes in and they know you're serious, but i could be wrong. do they do any prep work or do they take each B2 and all information on the spot?

of course my fiance won't lie if he's asked about the K-1, but if they don't ask he's not going to volunteer that information.

we have strong ties outside the US, if not for the darn K-1 i think we have a decent shot at a B2. what do you think? are we wasting our time?

[payxibka 10,045]

they have computers and the K-1 case is now in the database....

[TayRivers 4]

Chances of getting a B2 are very slim.. the embassy will know all about the K1 and unless you have very very strong ties to your home country they are unlikely to grant a B2 visa.

[tulum 0]

so here's the deal:

my fiance and i live together abroad and have established lives here. we thought about moving to the US and applied for a K-1 in november, but we changed our minds and are staying abroad.

the embassy here got our paperwork from the NVC, and we got a packet 3 but we never submitted it. we even thought about going through with the K-1 just to get married and come back here but i didn't want to lie about domicile.

here's my question: when my fiance goes for the B2 interview, what are the chances that the consular officer will know we have a K-1 pending? of course we were honest on all the paperwork but they only ask about immigrant visas, so the K-1 isn't on there.

i would imagine the CO's don't do much prep work until the packet 3 comes in and they know you're serious, but i could be wrong. do they do any prep work or do they take each B2 and all information on the spot?

of course my fiance won't lie if he's asked about the K-1, but if they don't ask he's not going to volunteer that information.

we have strong ties outside the US, if not for the darn K-1 i think we have a decent shot at a B2. what do you think? are we wasting our time?

you were almost done with the k-1! why did you drop it?! that would've been better than the B2 [ in my opinion ] which you may have a hard time getting now. is it tool ate to continue with the k-1 now?

[iLoveAPolishGirl 0]

No there's no point in paying the additional money to continue the K-1 process if your fiance does not intend to stay in the US, as it would simply end-up essentially becoming a 90-day single entry visitor visa, whether u marry or not in the US. Unless you think that's worth the extra money and hassle, of course

I would suggest in this case to first formally cancel the petition by writing letters to both the USCIS and the embassy. Then wait a few months and cross your fingers. Maybe that will remove it from the embassy's system (?)

When he does apply for the B2, come to the embassy for the interview with him... if there is a problem, he should try to get the CO to talk to you... at that point you can bring up the K-1 cancellation and try to use that as a 'proof' that you both intend to return, seeing as how you just threw away $455 on the petition because you decided to live abroad. Also bring as much proof of that intention with you as you can. It might make a convincing argument, who knows? It's pretty unusual for someone to stop the K-1 process right at the end, particularly for this reason, so it might just work!

good luck,

dvc

[sara..... 371]

hmmm if all u have to do is submit ur packet, and pay pretty much the same fee for k1 visa interview as u do for b/2 interview u have a better chance of getting the k1, if u dont want to get married in the usa and stay

u can at least have a 90 day vacation, or u can marry in the usa and still go back when ur ninety days is finished, this is just my opinion but i know that the b/2 is hard to get even if u dont have a k1 visa petition going on.

the embassy may feel that u think u can not pass the interview so ur trying to by pass the interview for it and go on b/2 for the same purpose that they k1 was applied for.

sara

[payxibka 10,045]

hmmm if all u have to do is submit ur packet, and pay pretty much the same fee for k1 visa interview as u do for b/2 interview u have a better chance of getting the k1, if u dont want to get married in the usa and stay

u can at least have a 90 day vacation, or u can marry in the usa and still go back when ur ninety days is finished, this is just my opinion but i know that the b/2 is hard to get even if u dont have a k1 visa petition going on.

the embassy may feel that u think u can not pass the interview so ur trying to by pass the interview for it and go on b/2 for the same purpose that they k1 was applied for.

sara

except the $$$ spent for the medical requirement and the need for a police report

[sara..... 371]

hmmm if all u have to do is submit ur packet, and pay pretty much the same fee for k1 visa interview as u do for b/2 interview u have a better chance of getting the k1, if u dont want to get married in the usa and stay

u can at least have a 90 day vacation, or u can marry in the usa and still go back when ur ninety days is finished, this is just my opinion but i know that the b/2 is hard to get even if u dont have a k1 visa petition going on.

the embassy may feel that u think u can not pass the interview so ur trying to by pass the interview for it and go on b/2 for the same purpose that they k1 was applied for.

sara

except the $$$ spent for the medical requirement and the need for a police report

yes i did forget about that part of it

[kristinmadu 0]

hmmm if all u have to do is submit ur packet, and pay pretty much the same fee for k1 visa interview as u do for b/2 interview u have a better chance of getting the k1, if u dont want to get married in the usa and stay

u can at least have a 90 day vacation, or u can marry in the usa and still go back when ur ninety days is finished, this is just my opinion but i know that the b/2 is hard to get even if u dont have a k1 visa petition going on.

the embassy may feel that u think u can not pass the interview so ur trying to by pass the interview for it and go on b/2 for the same purpose that they k1 was applied for.

sara

except the $$$ spent for the medical requirement and the need for a police report

yes i did forget about that part of it

as i said before, we abandoned bc we can't prove domicile--we 're not moving to the US and i haven't evenlived there in 7 years anyway. i dont want to lie to a CO.

we already have the police report from sri lanka and the $ for the medical wasn't the issue. i think the best idea would be to use the abandoning of the K1 as evidence that we're staying put.

should i put that as a section in his evidence binder or a separate envelope "in case they ask" about the K1? i don't want to offer if it they dont ask but i don't want to look as though we're trying to hide it either.

[iLoveAPolishGirl 0]

If you think he has a reasonable chance for the B2 without any mention of the K-1, I would personally leave all mention out, as you don't know how the CO will react. Yes, bring it in a seperate envelope, but don't mention unless asked or if he thinks it will help (such as if he's about to be denied anyway)

dvc

[sara..... 371]

If you think he has a reasonable chance for the B2 without any mention of the K-1, I would personally leave all mention out, as you don't know how the CO will react. Yes, bring it in a seperate envelope, but don't mention unless asked or if he thinks it will help (such as if he's about to be denied anyway)

dvc

im pretty sure it will be in the computer that u have applied for k1

[Bobby+Umit 161]

Well - that's not going to work at all.

DS-156 Question 36 Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?

So unless you lie, (which is not recommended), they will know a K-1 was initiated.

Also - as mentioned above - they have these new fangled things called numerical computation machines, that do a great job in doing background checks.

I think when they find the K-1 was started, but stopped, your chances of getting the B-2 will be pretty slim...

[iLoveAPolishGirl 0]

DS-156 Question 36 Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?

Ah! I was not aware that question was on the form (having never filed for a B-2 personally.) However, I can't imagine having a petition filed on your behalf, then canceled for lack of interest would result in any kind of automatic denial! What if they simply broke-up? That's it, game over for the former fiance ever visiting the USA? I sure hope not!!!!!!!

They didn't just break up of course, so then they will obviously need to show why they are no longer interested in a K-1 to the satisfaction of the CO... if the CO asks, of course! Probably he will, since it will stick-out on the app, I guess

Also - as mentioned above - they have these new fangled things called numerical computation machines, that do a great job in doing background checks.

Do they? As one who consults with Fortune 500 companies and the US gov't on large scale computer systems I can tell you, these system don't always work so well as you might think. Computer have these nasty habits of only doing what they were specifically programmed to do and nothing more.

Take USCIS for example... it's very obvious that the current state of their systems is VERY primitive!! And, many people assume that border officers can see petitions on their screens by default, but from all reports, they must specifically search to find them and only do so if given a reason.

I would not automatically assume that the visa will be denied. It may be more difficult to get, but, I would assume it would be worth a try. What do they have to lose, except $131 (or whatever) in fees? Other people HAVE reported getting a B-2 granted even with a K-1 petition in progress AND WITH the knowledge of the interviewing CO.

If they were to continue with the K-1 and it was REJECTED, then I think the chances would become MUCH MORE remote!

dvc

Edited May 28, 2009 by iLoveAPolishGirl

[Bobby+Umit 161]

DS-156 Question 36 Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?

Ah! I was not aware that question was on the form (having never filed for a B-2 personally.) However, I can't imagine having a petition filed on your behalf, then canceled for lack of interest would result in any kind of automatic denial! What if they simply broke-up? That's it, game over for the former fiance ever visiting the USA? I sure hope not!!!!!!!

They didn't just break up of course, so then they will obviously need to show why they are no longer interested in a K-1 to the satisfaction of the CO... if the CO asks, of course! Probably he will, since it will stick-out on the app, I guess

Also - as mentioned above - they have these new fangled things called numerical computation machines, that do a great job in doing background checks.

Do they? As one who consults with Fortune 500 companies and the US gov't on large scale computer systems I can tell you, these system don't always work so well as you might think. Computer have these nasty habits of only doing what they were specifically programmed to do and nothing more.

Take USCIS for example... it's very obvious that the current state of their systems is VERY primitive!! And, many people assume that border officers can see petitions on their screens by default, but from all reports, they must specifically search to find them and only do so if given a reason.

I would not automatically assume that the visa will be denied. It may be more difficult to get, but, I would assume it would be worth a try. What do they have to lose, except $131 (or whatever) in fees? Other people HAVE reported getting a B-2 granted even with a K-1 petition in progress AND WITH the knowledge of the interviewing CO.

If they were to continue with the K-1 and it was REJECTED, then I think the chances would become MUCH MORE remote!

dvc

Look at it this way - if your the CO -

They file for a immigrant visa (k-1) - they stop it for some reason.

Now they want to file for a non-immigrant visa (b-2) for some reason...

"hmmm do you think they will try to immigrate on the b-2, which your not suppose to do???"

I'm not saying they won't get it, but they will have some explaining to do...

[Betti 1]

I would have gone with the K1 as well, and taken the 90 days in the US.

I hope that you won't have any problems to get the B2 though! Good luck!