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Filed: Citizen (apr) Country: India
Timeline
Posted

I would like to visit my bf at Xmas. I overstayed VWP by 3.5 mths this year and was refused a B2 visa twice. Since then I have applied for a K-1 visa. What are my chances of getting a B2 and when should I apply if I am to visit at Xmas?

0% chances are there since you were refused twice B2 visa, plus your K1 application is under process.

XrVRp5.png

Posted

You have significant red flags which, unless you have money to burn, are probably not worth the time and effort it would take in trying to overcome them.

Wait out the K-1 and move on, would probably be the best choice.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

It is unlikely that you will be granted the visa.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Sorry, with what you said it sounds like you are not well qualified for a B2 visa, your overstay and clear immigrant intent

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Timeline
Posted (edited)

I would like to visit my bf at Xmas. I overstayed VWP by 3.5 mths this year and was refused a B2 visa twice. Since then I have applied for a K-1 visa. What are my chances of getting a B2 and when should I apply if I am to visit at Xmas?

I hate to say it but this would have been an easy process if you could still use the VWP. As far as B-2 visas go..

It is difficult to get a B-2 with a pending K-1.

It is very difficult to get a B-2 with two recent denials.

It is extremely difficult to get a B-2 with a recent VWP overstay.

It is near impossible to get a B-2 with all of the above.

Not trying to be mean here, just stating the truth - You won't be entering the US until the K-1 is granted.

Edited by jaejayC
Filed: AOS (apr) Country: Denmark
Timeline
Posted

Oh well. I'm going to give the B2 another shot. Thanks for the advice.

No harm in trying, that's for sure.

Overstay demonstrates you did not follow the rules of that visa. Being refused tourist visa twice is either because you have not demonstrated that you have solid ties to your home country, or due to having bf/fiance in the US.

On a side note - with your overstay, you stayed more than 6 months in the US; longer than a tourist visa(b2) would allow. At a tourist visa interview, they may be looking to see what you have to return to in your home country. When you previously overstayed, how will they know now that you do not have those intentions? Even with a tourist visa, it's up to the CBP officer to let you into the US.

I mean, if you don't mind paying the fees then of course go for it. a tourist visa denial (usually) has no negative effect on your petition.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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