Get a B2 or use the VWP with a K1 denial for "section 212 (a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge"

[lurido 0]

Good morning,

as stated here http://www.visajourney.com/forums/topic/399806-k1-visa-rejected-have-90-days-to-show-proof-affidavit-both-of-us-are-unemployed-what-to-do/

I got my K1 visa denied with the following explanation: "section 212 (a)(4) which prohibits the issuance of a visa to anyone likely to become a public charge"

We are preparing a new affidavits from my girlfriend and her mother and the related documents.

But if I get denied also the next time I would like to see my girlfriend as soon as possible.

I'm Italian and I'm currently studying an online Master, I don't want to do anything illegal in any country(like marrying on a tourist visa) and in July I have to attend some seminars in Venice for my Master.

My family is here and I don't have a stable income.

I know I have to prepare a new affidavit, a form, fees, a photo and take a new interview, but I don't know if I can get a B2 visa after what happened.

So, like stated in the title: can I get a B2 visa or use the Visa Waiver program even if I get my K1 visa rejected?

[Penguin_ie 5,993]

Your VWP would be denied as you had a visa denied.

You can apply for a B2, but you are very unlikely to be approved, as you clearly have immigrant intent.

[canadian_wife 1,822]

You have immigrant intent and suspicion of being a public charge. It is unlikely you will be granted a tourist visa.

And you cannot use the VWP with your K-1 denial

Although apply for a tourist visa, plan for your gf to come to Italy

good luck

[jaycali 415]

You can always try ESTA and see what happens. Most likely it'll be denied, in which case you cannot use the VWP. You are very unlikely to get a B-2.

If the ESTA is approved, you can hop on a plane, but CBP still has the last word.

[aaron2020 11,651]

With a denial for any VISA (including the K-1 visa), you cannot use the VISA WAIVER PROGRAM. You would need to apply for a B-2 visitor visa to visit the US. You would not be eligible to use the VWP. Fly into the US without a visa and you will be put on the next plane back home at your expense.

When you apply for the K-1 visa, your intent is to immigrate to the US. When applying for a visitor visa, you need to show you do not intend to immigrate to the US. You cannot have both the intention to immigrate and the intention not to immigrate. It makes it impossible to risk giving you a visitor visa where you would just stay and marry your fiancee.

With a denied K-1, you should look into your American fiancee moving to Italy.

[Boiler 45,520]

You need to update ESTA and see if you are still eligible to use the VWP.

[Stressed Out 81]

So sorry you're having to deal with this. Best resolution I can think of is for your US fiance to come and marry you in Italy (a civil ceremony abiding by both Italian and US marriage laws) and use the marriage to your advantage. If it's a legit marriage then there's nothing that can stop you from moving to the US on a green card. (Though I would wait 3 years since you'd only get a temporary one in the first 3 years)

It pains me to say this, but I must agree with the others that it's more unlikely that your ESTA would be granted or that your B-2 visa would be approved. I wouldn't suggest throwing away 120 Euros just to have someone hand you a 214(b)form and give you even more red flags to overcome in the future.

[lurido 0]

I got denied again for the same reason.

I called the Visa service and they told me the same thing: the console can decide wherever deny it or not.

Seems like these consoles have a lot of power...

Anyone in a similar situation that got the B2 visa?

[Boiler 45,520]

It is their job.

Did you try ESTA?

[lurido 0]

I am banned to use the Visa waiver program.

[Harsh_77 718]

I am banned to use the Visa waiver program.

Someone suggested you getting married and try it again, I am thinking that would not work either as you were denied on chances of being a public charge same would be applicable even after wedding.

Your fiancé needs to find a stable source of income before you can immigrate to US.

Getting a tourist or any other kinda visa would be practically impossible, as you have already established you have all the intention to immigrate to US.

[N-o-l-a 7,167]

Someone suggested you getting married and try it again, I am thinking that would not work either as you were denied on chances of being a public charge same would be applicable even after wedding.

Your fiancé needs to find a stable source of income before you can immigrate to US.

That is not correct advice. Co-sponsors are readily accepted for CR-1 applicants.

[Harsh_77 718]

That is not correct advice. Co-sponsors are readily accepted for CR-1 applicants.

When I said stable source of income cosponsor was inclusive, maybe my statement was not clear.

What I meant was they would still need to prove that he would not become public charge, just coz they are married would not work.