Helpful or Harmful for K1

[Anja_and_Henry 0]

Anja,

What overstay? QDilly didn't write anything about an overstay in her fiance's situation.....

Yodrak

We did not add the interview transcripts in but the overstay itself comes up at a later date, after NOA2 when you prepare the next forms. They know it anyway.... See my timeline, I had one day overstay in 2003... But it is not always as bad.

Good luck, Anja

Yodrak,

Yes you are right. QDilly's fiance did not have an overstay. It all depense on what section (stamp in the back of the passport) they send him back. My only choice to come back to the US to be with my fiance was to get a visa. So I was assuming he was refused entry under the same section... I meight be wrong, but it sounds like the officer told him to get a visa when he wants to come back.

Anja

[ChristinaM 0]

There is no K-1 pending.

I think the B app is going to be a waste of a hundred bucks, but you can't get one if you don't ask.

You're right, and I was trying to make the point without saying it (dumb of me, I know ) that if they were going to apply for a B2, they should do it before the K1.

I still think the chances of getting a B2 are negligible though.

[Vagina Journey 0]

There is no K-1 pending.

I think the B app is going to be a waste of a hundred bucks, but you can't get one if you don't ask.

I have only just started gathering the info for the K1 so i havent sent it yet... So after reading all of this...would it be better to just skip the B-2 and file for the K1.... or try for the b-2 and then if he gets a b-2 send in the k1...all of this has me so confused....Thanks so much to all that have been responding..Kelle

[Kajikit 65]

If I was you I would just hurry up and file for the K1 visa and forget about the tourist visa altogether. You can still be refused entry with a visitor visa if they see that you have a 'K' visa in the works, so it would just be a waste of money. K1s really don't take that long to process in most cases - it may seem like forever apart, but its only about six months and then you'll get to be together again forever...

[irishgirl73 0]

If I was you I would just hurry up and file for the K1 visa and forget about the tourist visa altogether. You can still be refused entry with a visitor visa if they see that you have a 'K' visa in the works, so it would just be a waste of money. K1s really don't take that long to process in most cases - it may seem like forever apart, but its only about six months and then you'll get to be together again forever...

I agree

skip the b-2(which he is unlikely to get) and file the k-1.

good luck to you both!

[Boiler 45,906]

If you can substantiat a B, then have a go at both. It will be a long time before the K appears in the system unless you can go through Vermont.

[irishgirl73 0]

If you can substantiat a B, then have a go at both. It will be a long time before the K appears in the system unless you can go through Vermont.

If he can show really strong ties he may have a chance-if not don't even waste the money becasue he won't get it

Ultimately is is up to you both!

whatever you decide-best of luck to ya!

[Yodrak 7]

irishgirl et.al.,

People always write about 'strong ties to the home country', but ties to the home country are only half of the issue. The issue is, 'will the person leave the USA', and the other half that must be balanced against ties to the home country should be obvious - ties to the USA.

Relatively few people seem to recognize explicitly that a family-based visa petition is a very strong tie to the USA, and a clear statement that whatever ties exist to the home country can and will be severed.

The specific aspect of the issue that must be addressed in a B2 visa application, and on entry whether it be with a B2 visa or under the VWP, is 'will the person leave the USA after this particular visit', a subtle but significant difference from the general issue.

Yodrak

If you can substantiat a B, then have a go at both. It will be a long time before the K appears in the system unless you can go through Vermont.

If he can show really strong ties he may have a chance-if not don't even waste the money becasue he won't get it

....

[irishgirl73 0]

irishgirl et.al.,

People always write about 'strong ties to the home country', but ties to the home country are only half of the issue. The issue is, 'will the person leave the USA', and the other half that must be balanced against ties to the home country should be obvious - ties to the USA.

Relatively few people seem to recognize explicitly that a family-based visa petition is a very strong tie to the USA, and a clear statement that whatever ties exist to the home country can and will be severed.

The specific aspect of the issue that must be addressed in a B2 visa application, and on entry whether it be with a B2 visa or under the VWP, is 'will the person leave the USA after this particular visit', a subtle but significant difference from the general issue.

Yodrak

If you can substantiat a B, then have a go at both. It will be a long time before the K appears in the system unless you can go through Vermont.

If he can show really strong ties he may have a chance-if not don't even waste the money becasue he won't get it

....

Oh I know it is about leaving the USA, my fiance had a letter from a film production company with a signed contract-stating that he had to be back in Ireland by a specific date and they didn't care-they just wanted to see if he had any sort of loans, lease payments and other things that would make his return to Ireland a sure thing. I didn't want to give bad advice-I just wanted the OP to realize that the b-2 is a very hard visa to obtain.

They definetly look at it all-leaving the US after the trip is their biggest concern-for sure!

[Yodrak 7]

irishgirl,

I didn't intend to imply that you gave bad advice - and you didn't. You were right on.

I just wanted to add information that is often not mentioned to provide a fuller understanding of the issue.

Yodrak

..... I didn't want to give bad advice-I just wanted the OP to realize that the b-2 is a very hard visa to obtain.

....

[Peter Miami 0]

Guys keep up the good work, helping other members!

Peter Miami

[irishgirl73 0]

irishgirl,

I didn't intend to imply that you gave bad advice - and you didn't. You were right on.

I just wanted to add information that is often not mentioned to provide a fuller understanding of the issue.

Yodrak

..... I didn't want to give bad advice-I just wanted the OP to realize that the b-2 is a very hard visa to obtain.

....

Thanks Yodrak-coming from you I'll take that as a compliment.

I should have been more clear about the 'leaving America bit" you were right on

[Vagina Journey 0]

irishgirl,

I didn't intend to imply that you gave bad advice - and you didn't. You were right on.

I just wanted to add information that is often not mentioned to provide a fuller understanding of the issue.

Yodrak

..... I didn't want to give bad advice-I just wanted the OP to realize that the b-2 is a very hard visa to obtain.

....

Thanks Yodrak-coming from you I'll take that as a compliment.

I should have been more clear about the 'leaving America bit" you were right on

Again thanks so much....The appoitment for B-2 has been cancelled... You guys are amazing