Does B2 interfere with K1 process

[Zumby 2]

Hello All,

I'm sure this question has been asked many times before on here, but I have searched a lot and couldn't find an answer. Here's the situation:

I filed the forms for I-129f with NOA1 on Nov. 1, 2010. I have visited her in Canada a few times and she wants to come visit me in the US. I understand it is a little hard for her to get a B2 visa while the K1 is in process, but some people have been telling us that applying and getting a B2 visa will delay the K1 Visa. So instead of the K1 taking a total of about 8 months, it might take a year and half or more.

Does that really happen or are they just rumors?

Thanks!

[Audy_Rob 26]

If your fiancee is from Canada, does she really need a B-2 visa at all. Can't she just ATTEMPT to enter (not guaranteed) using the VWP (visa waiver program)?

No a B-2 has no affect on the K-1 application process and will not delay your K-1 processing. Note that the entrance into the US is never guaranteed especially if they see a K-1 application filed. The usual advice is to make sure she collects a lot of evidence showing that she has substantial ties still back in Canada.

[Harpa Timsah 13,258]

Applying for a B2 visa will not slow the process - that is a rumor.

More importantly though, is your fiancee from Canada? She does not need a B2 visa, rather, she can visit the US under a special Canadian agreement without a visa. She basically enters under the terms of a B2 visa without having to apply for one. She should bring strong ties to Canada to show the Border Patrol she will return to Canada.

[Inky 1,110]

That is an awesome rumor because Canada has an agreement like harpa says and there is no "applying for a B2" for Canadians. They just need a valid passport and an airplane ticket or a car and can go to the USA for a trip.

You need to tell these " some people " to educate themselves and stop talking nonsense about B2 visas being needed for Canadians to travel to the USA.

[Zumby 2]

Sorry, I should have mentioned that she is in Canada with a Permanent Residency. Her citizenship is with Syria.

Edited February 24, 2011 by Zumby

[LIFE'SJOURNEY 970]

Sorry, I should have mentioned that she is in Canada with a Permanent Residency. Her citizenship is with Syria.

OPs that was a big Ops left out... need B2 visa, probably won't get it, so continue to visit her in Canada.

[LIFE'SJOURNEY 970]

OPs that was a big Ops left out... need B2 visa, probably won't get it, so continue to visit her in Canada. But if you have an extra $140 dollars to spend, nothing beats a failure but a try.

[Harpa Timsah 13,258]

Sorry, I should have mentioned that she is in Canada with a Permanent Residency. Her citizenship is with Syria.

Ah, yes, that's very important. She can apply and it won't slow down the process, nor would a denial negatively affect her K-1. People here will guess whether or not it will be approved, but they don't know your fiance, so I wouldn't take it to heart. Good luck.

Edit: US permanent residents can travel to Canada without a visa, so you may want to look into the possibility that US has the same reciprocity for Canadian Perm residents - just a thought.

Edited February 24, 2011 by Harpa Timsah

[VanessaTony 3,567]

I'm sure this question has been asked many times before on here, but I have searched a lot and couldn't find an answer. Here's the situation:

I filed the forms for I-129f with NOA1 on Nov. 1, 2010. I have visited her in Canada a few times and she wants to come visit me in the US. I understand it is a little hard for her to get a B2 visa while the K1 is in process, but some people have been telling us that applying and getting a B2 visa will delay the K1 Visa. So instead of the K1 taking a total of about 8 months, it might take a year and half or more.

Does that really happen or are they just rumors?

Doesn't really happen but her B2 visa will be denied because of immigrant intent. I wouldn't waste your time with the B2. She can't prove she DOESN'T have immigrant intent because she needs immigrant intent to get the K1 so she'd be shooting herself in the foot there.

I vote you try the thing that Harpa mentioned

[VanessaTony 3,567]

Ah, yes, that's very important. She can apply and it won't slow down the process, nor would a denial negatively affect her K-1. People here will guess whether or not it will be approved, but they don't know your fiance, so I wouldn't take it to heart. Good luck.

Edit: US permanent residents can travel to Canada without a visa, so you may want to look into the possibility that US has the same reciprocity for Canadian Perm residents - just a thought.

Like I said, I doubt the B2 will be approved because she has immigrant intent. If she tries to prove she doesn't have immigrant intent that won't look good for the K1...

I hope Canadian Perm residents are permitted easier travel to the US.. that would make life a LOT simpler. Looks like they can't: http://travel.state.gov/visa/temp/without/without_1260.html

Permanent residents (aka landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the U.S. for 90 days or less under that program

Edited February 25, 2011 by Vanessa&Tony

[Harpa Timsah 13,258]

Yeah, I see now there is no reciprocity there. Was a good try though.

I recently saw someone get approved for a B2 visa with an immigrant visa pending, so it can happen. I think the person would need to show that they will use the visa properly, and not immigrate on any trip that used the B2 visa, similar to a Canadian Citizen visitor showing up at the border for a visit with K1 pending.

I just don't like to guess whether the OP's fiance would get the B2 visa or not, because we don't know her or her situation. Maybe she is the perfect candidate for a B2 visa while K1 is pending. I have seen too many people here say "you won't get it" and then someone comes back to post that they did get it, contrary to what people said. As long as it won't hurt the K-1 process, have a go if you have the money. The B2 visa would be cancelled once the K-1 is issued, but if it's worth it to them, it's okay to try. Just my personal philosophy

Good luck OP.

[Ann&wes 1]

Doesn't really happen but her B2 visa will be denied because of immigrant intent. I wouldn't waste your time with the B2. She can't prove she DOESN'T have immigrant intent because she needs immigrant intent to get the K1 so she'd be shooting herself in the foot there.

I vote you try the thing that Harpa mentioned

Speaking from experience, as my fiance is here with me, as we wait for our K1 interview, it does NOT delay, nor is it a guarantee deny. Basically, when she went for her B2 interview at the Embassy, she told them exactly, that she wanted to come over and visit me, that we had a K1 in process, showed them the NOA1, and she was granted 2 months to USE the visa, but was allowed to stay for 6 months at the POE.

PLUS, a K1 is NOT an immigrant visa. There is NO intent to immigrate according to the CO at the Embassy. It is considered a Non-immigrant visa, as it does NOT allow you at all to stay in the US and immigrate. It allows you to come to the US and marry ONLY. There is never a guarantee that an AOS will be approved after to allow the fiance (wife) stay after you get married.

I would give it a chance, as it cost my fiance only 52BD (about 185 US)to apply for the B2. If you have the money, and really want her to see what the US is like before she comes over, I would do it. But solely up to you.

[Zumby 2]

Thank you all for your replies!

Because she's a permanent resident in canada and not a citizen, she will need a B2 visa instead of the waver option. I guess the B2 really just depends on how she presents her case for her interview and what the officer decides. Like everyone says, the truth must always be told. I really do want her to come visit the US to see what it's like, to meet my friends and their wives, and to get a feel of the culture here. So if all it takes is the $150 filing fee and a lot of prayer, and won't effect the K1 application, then I think it's worth a shot!

Thanks again for everyone's input and I hope we all get our K1 approvals SOON!

[Harsh_77 718]

I think this got answered on other forum where you had posted this - if she holds a passport from Syria all the rules that are applicable for Syrian citizens apply to her.

So if Syria is not under VWP, then she is not eligible for VWP even though she is perm resd of Canada.

Things would be different, also remember by applying for B2 your are not slowing the K1 process, but her chances of getting B2 are not very good either.

Reason is she has already filed for K1 - which is intent to immigrate, while B2 is non immigrant visa.

So CO would question her returning back to Canada and they would assume that once they let her in the country on B2 she would never leave the country and she will get married and file for AOS.

CO would assume instead of waiting for your K1 your are just trying to jump the line by applying for B2.

[VanessaTony 3,567]

PLUS, a K1 is NOT an immigrant visa. There is NO intent to immigrate according to the CO at the Embassy. It is considered a Non-immigrant visa, as it does NOT allow you at all to stay in the US and immigrate. It allows you to come to the US and marry ONLY. There is never a guarantee that an AOS will be approved after to allow the fiance (wife) stay after you get married.

A K1 is a non-immigrant visa but SOME embassies (like the one in Australia) consider it an immigrant visa. Which is why ALL info for the K1 visa is in the immigrant section of their website. There must be intent to immigrant in order to be granted the K1.. the whole point is the marry the USC and AOS to an LPR.. if that's not "intent to immigrate" I don't know what is...

The reason it's technically considered a non-immigrant visa is because it isn't a direct route to immigration (like the K3 was and CR1 is) where you get the GC immediately on entry. The K1 requires AOS for you to stay which is another process which is why a K1 is technically non-immigrant but treated as immigrant intent by many embassies.

Edited February 25, 2011 by Vanessa&Tony