Can I get B2 after K1 cancelled?

[purple rainbow 0]

Hello everyone!

Lets make a long story short.

We were in the US Summer and Fall of 2008 and got denied entry in January 2009 due to a one day overstay because we didn`t get into Canada.

And also because I had a boyfriend.

Sent back to Londond on the plane.

We had never had any problems, but had had a tourist visa denied Summer 2008 due to lack of ties to country of birth, even if at that time I was a house owner.

We lived abroad in the UK renting out the house.

Now I was engaged to my US boyfriend,

we filed for the K1 and got the ptition approved, and now we are in the second stage of completing it and waiting for the interview etc, And now he says he does not want to do it and he also does not want to be with me.

We dont ( me and my son) understand anything, because we planned to do this all the way and be together.

If we cancel the petition now,m just before supposed interview., what are our chances for getting a tourist visa.

We have nowehere to live now and I am self employed. We could rent/ buy a place to live.

Have so many friends in the us as well as my boyfriend and don`t know what to do. We are sooo sad.

I have so much pain because of what my boyfriend is doing and deciding here, how he is destroying here... our love and also the possibiliies for the visa.

Any suggestions?

Thanks and much love ~

[Inky 1,111]

Your duplicate topics have been removed. Please post once and wait for answers.

If your boyfriend no longer wants to be with you its time to move on. You cant live in the USA on a tourist visa, it is for visiting. You wont get a tourist visa with having "nowhere to live" and being self employed - it screams immigrant intent. Tourist visas require proof of you returning to your home country to be issued.

[purple rainbow 0]

Your duplicate topics have been removed. Please post once and wait for answers.

If your boyfriend no longer wants to be with you its time to move on. You cant live in the USA on a tourist visa, it is for visiting. You wont get a tourist visa with having "nowhere to live" and being self employed - it screams immigrant intent. Tourist visas require proof of you returning to your home country to be issued.

So. Is it possible at all in this life for me and my son to visit our friends in usa. I actually dont want to move there, just visit. its a beautiful country and we have many friends.

He should just understand how much mess he is creating here.......

if we get a place to live, over while can we get a tourist visa+ does it need ot be in the country I was born?

our names will be in the system for k1.

what to do? he really breakes my heart and he developed a father relationship with my son. its all so sad....

it will take time to get over this... i just need to count the benefits as well, which means i dont need to leave my friends and famiuly in europe.

[kzielu 1,149]

So. Is it possible at all in this life for me and my son to visit our friends in usa. I actually dont want to move there, just visit. its a beautiful country and we have many friends.

He should just understand how much mess he is creating here.......

if we get a place to live, over while can we get a tourist visa+ does it need ot be in the country I was born?

our names will be in the system for k1.

what to do? he really breakes my heart and he developed a father relationship with my son. its all so sad....

it will take time to get over this... i just need to count the benefits as well, which means i dont need to leave my friends and famiuly in europe.

With the history of denied entries, denied visas and cancelled K1, it is very unlikely you will ever get a tourist visa to US.

As for blaming your boyfriend, don't think anyone here can help you.

[aaydrian 479]

How is this possible?

We were in the US Summer and Fall of 2008

but then

We had never had any problems, but had had a tourist visa denied Summer 2008.

It's highly unlikely you got denied entry in January 2009 because of 1 day overstay. What could have happened is that you had a ONE entry visa and not a multiple entry visa. Or you were refused entry because the immigration officer at the airport was suspicious of your 'tourist' activities considering that you spent about 5 months already and wanted to return soon after to the US, yet you have a son at home.

Let me say it now, obtaining a B 1/2 or a spousal visa with the sole intention of immigrating/obtaining a greencard is fraud. I say this because some of the things you wrote in your post have me raising my brows. Examples:

If we cancel the petition now,m just before supposed interview., what are our chances for getting a tourist visa.

I have so much pain because of what my boyfriend is doing and deciding here, how he is destroying here... our love and also the possibiliies for the visa.

He should just understand how much mess he is creating here

If we cancel the petition now,m just before supposed interview., what are our chances for getting a tourist visa

Anyway, I am not sure how much having once had a K1 petition will affect your chances of getting a tourist visa but I don't think it will do you any good if it does.

We have nowehere to live now and I am self employed We could rent/ buy a place to live

Being self employed, not owning 'valuable assets' (land/house) or seemingly not have any other necessary responsibilites dwindles your chances of getting approved for a visiting visa. You can rent with you having something like a 2 year lease then try applying for B2 visa.

The only time your property isn't allowed to be in the country where you where born is if you have left you home country to live in a second country.

Allowed: You where born in Sweden, you legally immigrated to France and so when applying for the B2 visa for US, you tell/show the interviewer that you own property in France.

NOT allowed: You where born in Sweden, you legally immigrated to France and so when applying for the B2 visa for US, you tell/show the interviewer that you own property in Sweden. That is baloney (Bologna ) because the interview is being conducted in France so you show ties to France.

As you said the positive from canceling the K1 petition is that you won't be leaving any family or friends behind in Europe.

Edited March 16, 2012 by aaydrian

[purple rainbow 0]

Hi all and thanks for your replies!

Yes, it`s a strange sistuation and difficult.

When we were in the US five months all together over several months in 2008, was when we also visited Canadam Mexico and Guatemala in between.

We were going back to the US for two weeks in January 2009, in order to fly out from San Fran and to visit my boyfriend for two weeks before we left.

The main reason why we did not get in, was probably because I was in love and in a relationship. They asked a lot of questions about that and also due to the one day, we had due to a denied entry to Canada, we were denied just this ONE time.......

sent to London.

2- 3 years went and we developed our relationship seeing eachother in other countries than the US, it was very difficult that we could not even visit him!

We decided to file for K1 so that we could be together and live together in USA.

This had and has been our course of action all the time, but now just before we have faced some problems and

since neither of of us know enough about these things, we seek advice as to what to do.

The laws are hard to understand sometimes.

I am fully aware of the law that says that everyone who wants to visit the US is looked upon as an immigrant.

.....

Strange rules.... if one could visit one`s beloved it would be good:) and if one could visit friends.

Of course it`s natural that we don`t want to be excluded from the US for the rest of this lifetime!

It`s a beautiful country and we have so many friends in many states there.

I can see that it may be very difficult maybe for many years to come or the whole life to get to visit the US if we decide not to get married now and live together as married.

There are many factors unvolved and many deep decisions to take. We trust all is under divine gui~dance. Though the dance spins in un~understand able ways sometimes...

Yes, also when the tourist visa, which we wanted for the US beacuse it would enable us to stay longer than those 6 months, was denied it was because I had moved to the UK and owned a property in the birthland.

Applied at the embassy in the birthland. We thought that would be best as we had more ties there. But we had not brought a bank statement so that was a reason why it did not work as well...

I guess. So we went over on the visa waiver and visited other countries around, included in that trip..

Thankful for any knowledge and suggestions here!

In love and light,

x

How is this possible?

but then

It's highly unlikely you got denied entry in January 2009 because of 1 day overstay. What could have happened is that you had a ONE entry visa and not a multiple entry visa. Or you were refused entry because the immigration officer at the airport was suspicious of your 'tourist' activities considering that you spent about 5 months already and wanted to return soon after to the US, yet you have a son at home.

Let me say it now, obtaining a B 1/2 or a spousal visa with the sole intention of immigrating/obtaining a greencard is fraud. I say this because some of the things you wrote in your post have me raising my brows. Examples:

Anyway, I am not sure how much having once had a K1 petition will affect your chances of getting a tourist visa but I don't think it will do you any good if it does.

Being self employed, not owning 'valuable assets' (land/house) or seemingly not have any other necessary responsibilites dwindles your chances of getting approved for a visiting visa. You can rent with you having something like a 2 year lease then try applying for B2 visa.

The only time your property isn't allowed to be in the country where you where born is if you have left you home country to live in a second country.

Allowed: You where born in Sweden, you legally immigrated to France and so when applying for the B2 visa for US, you tell/show the interviewer that you own property in France.

NOT allowed: You where born in Sweden, you legally immigrated to France and so when applying for the B2 visa for US, you tell/show the interviewer that you own property in Sweden. That is baloney (Bologna ) because the interview is being conducted in France so you show ties to France.

As you said the positive from canceling the K1 petition is that you won't be leaving any family or friends behind in Europe.

[aaydrian 479]

You may have been denied entry to the US in 09 because the officials at airport immigration were also suspicious of your travel activities over the months of 08. That could be the reason why immigration could not forgive your one day overstay. Immigration has over the years allowed people (with USC boyfriends) re-entry even though they may 'overstay' a few times. That's because people have missed flights, flights have been delayed/canceled, may have been too sick to fly that day etc so simply leaving America one day late will not prevent your next entry.

The law that says everyone who applies for a B1/2 visa has the intention to immigrate is perfectly logical.

The only way you are excluded from the US for a lifetime is if you've been banned. Have you been banned?

If I'm understanding you correctly then let me say something, you CAN'T stay in the US for more than 6 months on a tourist visa. This could be another reason why you were denied entry because the IO may have put 2 & 2 together and figured that was your intent.

You did not not get a visa because you forgot your bank statement. Unless you have dual citizenship then you can't be living in UK but because you have 'ties' in for example to Russia expect the US consulate in Russia to issue you a visa.

[Harpa Timsah 13,258]

One day overstay makes the person ineligible for the VWP.

[purple rainbow 0]

Yes, that is true,

how long do I need to wait to apply for a tourist visa? Would I ever be able to get it?

Would I ever be able to visit USA?

The guy that was my husband to be is the love of my life,

and it seems only way is a everlasting physical separation as long as he does not want to move from America.

Our only chances seems to be to go ahead with the K1.

Shame the rules are so rigid.