B2 Denial HELP ME!?

[Boiler 46,008]

For a start you might not be eligible for the B, if you want to move to the US and then marry, K1 it is.

[MatthewK 1]

why would I not be eligible for the B visa? I can clearly show reason to come back to Australia... Which I would do if I did get it. I have no intention of marrying on the B visa, I simply just want to get out there and be with this girl, I would have sufficient funds to last me 6 months out there at a time. I do however want to marry her so a K visa would also be good, ultimately I just need to be able to either A: have a B visa to be able to stay with her for half a year at a time or B: get a K visa so I can live there with her any marry her. Obviously K visa is my preferred option but I also want to be realistic about which one is more likely to be approved sooner if even at all. You know what I mean? Do you have any thoughts or suggestions?

[Boiler 46,008]

Go with the K.

[MatthewK 1]

i actually just found the denial letter I got on the day, i didn't realise he'd given me one cos it must have been just shoved in with all the other documents. He's ticked the box at the bottom that says 'due to the serious and/or recent nature of your conviction, a visa cannot be issued at this time. He did underline and highlight the word 'recent' which makes me think that maybe if I do go back in a years time from the last application as he recommended me do that I will be ok. Any thoughts?

[Boiler 46,008]

Go with the K.

[Penguin_ie 5,996]

Go with the K.

[Noah Lot 391]

go with the 'K'

[NancyNguyen 1,658]

Why B while you can do K?

[MatthewK 1]

inadmissible for (a)(2)(A)(i)(I)Crime Involving Moral Turpitude

waiver - 212(h)

Exceptions: (2)(a)(ii)(I) Crime was committed when alien was under 18 years old and released from confinement more than 5 years from date of application OR ( 2)(a)(ii)(II) Maximum penalty for crime does not exceed 1 year, and sentence was not more than 6 months (regardless of time served)

So because the maximum penalty for my conviction is more than 1 year does this basically mean I will actually never be approved a tourist visa? Is there no hope at all? That's pretty unfair if it is the case, the CO did definitely tell me to come back in a year and I'd get one.

[Boiler 46,008]

It would have meant you would not have needed one.

[MatthewK 1]

why would I not need a waiver then? I do not understand... Why is he suggesting it must be 3 years since the conviction? I didn't think it mattered?

[Boiler 46,008]

There is no set time limit.

[MatthewK 1]

ok so if i dont need a waiver or qualify for one, how am i supposed to get a tourist visa. if theres no set time limit does that mean its his discretion... like if i do go back 3 years after conviction with no more trouble they could approve a visa?

or does this basically mean I will never get a tourist visa?

[Harpa Timsah 13,258]

Matthew:

This whole tourist visa question is a red herring. You either want to move to the US and marry your gf, or your don't. If you do, then you go for K-1 visa. You will be married in a year (maybe more because you'll need a waiver). I don't see why you'd want to try to mess around and wait a year to get a tourist visa, then wait another year for a K-1 visa, all the while making your chances to get the B2 less and less, because you get closer and closer to your gf.

The point Boiler is trying to make about the tourist visa is that it is up to the officer's discretion. There is no set rule about when you might be eligible. They don't have to give it to you ever.

[MatthewK 1]

haha I know I'm probably a pain in the ####, thanks for all your time and patience. It is just such a stressful and bad situation to have to be in. I really regret not fighting the conviction in court at the time as I believe I would have had a good chance of winning. Anyway whats done is done, I guess it is in the hands of the gods now. Thanks again.