B2 Denial HELP ME!?

[Boiler 45,525]

You have three threads going which are all inter related. So this applies to all of them.

Assume US immigration knows everything you do not want them to know, and nothing about what you do want them to know.

There is a waiver for a non immigrant visa which is easier than an immigrant visa. My guess is that you were not refused for the criminal issue, you never got that far.

Obviously it will be easier for her to go to Australia than you to go to the US.

Waivers, well certainly have a consultation at least with an Immigration Lawyer. It can be done yourself BUT you are going to have to put a LOT of work into it.

[MatthewK 1]

I'm going to assume he denied me a B2 based on my criminal conviction cos that was the first document he looked at, he didn't look at anything else at all.

[Boiler 45,525]

They have all your information that you submitted prior to the interview.

The only thing that appears certain is that they said you could try again after another year.

No guarantee obviously you will get it.

[MatthewK 1]

Yeh I definitely agree with what you're saying, do you have any knowledge of why he would have specified another year? Could my conviction be specified to the CO's that 3 years is a sufficient amount of time to have passed? I always thought there was no real time to pass that would help

He did actually say if I tried again in another year without any more trouble that I would be approved. Seems strange to me...

[Boiler 45,525]

The only answer to that question would have been to ask. Anything else is a vague guess.

[MatthewK 1]

I would agree, unfortunately at the time I was more than a little naive about how hard it is to actually get into the US as I have been granted UK work visas with my conviction with absolutely NO hassle. It's a shame that our western countries don't all share similar strategies.

[Boiler 45,525]

Not a good comparison, the UK Gov lets anybody in.

[MatthewK 1]

Could you tell me if there are ANY visa's at all that have a little more leniency when it comes to criminal issues? Like would we have more luck, marrying here in australia and then applying for a cr-1?

[Boiler 45,525]

If the CO had recommended you for a non immigrant visa, that would be the easiest.

Otherwise it would be the same.

[MatthewK 1]

Thanks for your input man. Appreciated.

[Boiler 45,525]

Superbowl half time Madonna.

[MatthewK 1]

haha I had to walk away from the tv at that point as soon as celo green or whatever his name is popped up lol

[dukeandduchess 141]

K1 is an immigration visa. If you want to "just visit your girlfriend" it isn't really the right visa for you. You can either wait, as he suggested or plan on immigrating and getting married. You will still have to acknowledge and deal with your conviction for a K1.

[Penguin_ie 5,993]

If you are ready to get married, go for the K1. They are not more lenient, but the rules are different, there is a waiver available. Waiting a year MAY get you the tourist visa, or may not. You'd have the K1 by then.

[MatthewK 1]

How exactly are the rules different for the K1? I thought that they used the same guidlines to determine moral turpitude? I almost think its worth waiting the year and trying for a B2. The waiver for the K1 you are speaking of is the extreme hardship one right? I'm told they are very hard to obtain.

We are definitely ready to get married but I just want to make sure we play this the right way so that I can actually live in the states with her as she doesn't want to live here.