Succcessful B2 Visa during K1 Process.

[Jay and Yun 0]

I am so happy we were able to get approved for a B2 visa and spend it together while waiting for the K1 process. The K1 process can be long, well worth the try to try. She arrived last night and now we are looking forwards the Holidays together and with family.

[Pitaya 2,577]

~Moved from K-1 Process to Tourist Visa Forum~

~Commentary about B-2 visa~

[Jeanna 21]

Wow, that's awesome! My fiance couldn't even get a visitor visa before we filed! He is from Jamaica, though, and I know they had concerns about immigration fraud.

[Husakovic 31]

I am so very happy for the both of you! God bless You! Now a B2 VISA is a tourist visa right?

[Jay and Yun 0]

Yes. I waited till we had begun the process for K1 first before I applied for the B2 tourist Visa. I think that helped much more if we didn't have the K1 on hand.

[Girl from Celebes 588]

I am so happy we were able to get approved for a B2 visa and spend it together while waiting for the K1 process. The K1 process can be long, well worth the try to try. She arrived last night and now we are looking forwards the Holidays together and with family.

Wow, that's awesome. Congrats. I have one question though. What did she put on "who you want to visit in US?". Because I put" I want to visit my boyfriend" and they refused it in 2010. And there were several like me.

Also, there was another VJer here and his-then fiance from China that her K-1 visa was denied because when she applied B-2 visa, she did not mention about her visiting fiance. The worst part, her B-2 visa was revoked as well after K-1 visa denied. Now they are married and filed for spousal visa. Did your fiancee mention about K-1 visa process when she had interview for B-2 visa?

Edited November 12, 2013 by Girl from Celebes

[bpierce 24]

Yes,that was us..If she did not list him then it will come up at the K1 Interview and that could be bad for them!

[Jay and Yun 0]

When going through the process of the B2 Visa, we made it clear at the consulate and POE that we were already in the K1 process. She had her NOA1 letter on hand as well as my invitation letter which included the NOA1 Case#. We also made sure she did not use the word "boyfriend" but to specifically reply "fiancé and family" when asked her purpose of her trip or who she would visit. In the terms of K1 denial, we must make sure to overstay longer than the I-94 visa period cause that will hurt your case. Our turned out to be 6 months B2 Visa.

[Jay and Yun 0]

Sorry I mean to say not overstay earlier

[JayJayH 546]

It's rare for B2 visas to be approved in these cases, but if am glad to see that it's at least possible!

[franki 0]

It's rare for B2 visas to be approved in these cases, but if am glad to see that it's at least possible!

Hi -

I am not pointing on a specific member here because we are all a community. Not all but most people here are applicants with trouble . So in common situation like this yes the law says if you are a non-immigrant applicant and have weak ties to your home country - specially you have a fiancée or fiancé in US, DONE, you are denied! This is what the members here will always say BUT if you read the USCIS and DOS statements they use the word ''may'' when it comes to law a single alphabet makes big difference so, Yes, Everything is possible with the word ''may''. The CO has full power to make decision . Just provide the right requirements as the law asks for, pray that you face a CO with good mood on your interview day, be honest and you will get ''approved''

[JayJayH 546]

Hi -

I am not pointing on a specific member here because we are all a community. Not all but most people here are applicants with trouble . So in common situation like this yes the law says if you are a non-immigrant applicant and have weak ties to your home country - specially you have a fiancée or fiancé in US, DONE, you are denied! This is what the members here will always say BUT if you read the USCIS and DOS statements they use the word ''may'' when it comes to law a single alphabet makes big difference so, Yes, Everything is possible with the word ''may''. The CO has full power to make decision . Just provide the right requirements as the law asks for, pray that you face a CO with good mood on your interview day, be honest and you will get ''approved''

Nowhere is there any law saying you cannot be issued a visitor visa with a pending immigrant petition or visa. But the law is very specific in that no non-immigrant visa shall be issued to an applicant with immigrant intent. The law also states that any CO is required to meet the applicant with the presumption that he/she is an intending immigrant, and it is the applicant's burden of proof to show otherwise - to the satisfaction of the CO. "Immigrant intent" really is an oddity in terms of legal definitions as most laws pertain to actual material facts, whereas "immigrant intent" pertains to a person's perceived intent - which is extremely difficult to prove or disprove. COs are required to make a subjective decision as to a person's intent, with the facts provided, in a fairly limited time. Given that countries from which B2 visas are required in order to visit often tend to have higher instances of fraud, coupled with the fact that adjustment of status is a fairly easy process once the immigrant is already in the US, it is very difficult to get rid of that immigrant presumption.This is why nearly all of these cases are denied.

The OP and his fiancée clearly have done their homework, and presented a very well documented application.

Edited November 12, 2013 by Yang-Ja

[franki 0]

Nowhere is there any law saying you cannot be issued a visitor visa with a pending immigrant petition or visa. But the law is very specific in that no non-immigrant visa shall be issued to an applicant with immigrant intent. The law also states that any CO is required to meet the applicant with the presumption that he/she is an intending immigrant, and it is the applicant's burden of proof to show otherwise - to the satisfaction of the CO. "Immigrant intent" really is an oddity in terms of legal definitions as most laws pertain to actual material facts, whereas "immigrant intent" pertains to a person's perceived intent - which is extremely difficult to prove or disprove. COs are required to make a subjective decision as to a person's intent, with the facts provided, in a fairly limited time. Given that countries from which B2 visas are required in order to visit often tend to have higher instances of fraud, coupled with the fact that adjustment of status is a fairly easy process once the immigrant is already in the US, it is very difficult to get rid of that immigrant presumption.This is why nearly all of these cases are denied.

The OP and his fiancée clearly have done their homework, and presented a very well documented application.

Again this is a source from DOS:

Visa Denials

Overview

With few exceptions, every visa applicant is interviewed by a consular officer at a U.S. embassy or consulate. After all available information is reviewed, the application is approved or denied based on U.S. immigration law.

There are many reasons why a visa application may be denied. In some instances, the application is denied because necessary information or supporting documents were not submitted by the applicant. In other instances, the application is denied for more serious reasons. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.

If denied a visa, the applicant is given a reason based on the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the complete list of visa ineligibilities in the Immigration and Nationality Act (INA), and amended laws.

I know of a very good friend of mine's brother got B1 visa while his F4 application was under way... He was 24 years old . Very hard to believe.

[Rwlaird 18]

Hi -

I am not pointing on a specific member here because we are all a community. Not all but most people here are applicants with trouble . So in common situation like this yes the law says if you are a non-immigrant applicant and have weak ties to your home country - specially you have a fiancée or fiancé in US, DONE, you are denied! This is what the members here will always say BUT if you read the USCIS and DOS statements they use the word ''may'' when it comes to law a single alphabet makes big difference so, Yes, Everything is possible with the word ''may''. The CO has full power to make decision . Just provide the right requirements as the law asks for, pray that you face a CO with good mood on your interview day, be honest and you will get ''approved''

The inconsistencies are incredible! This system really needs to be reformed! Congrats to these people but this is a prime example of why this process should not come down to such a lottery pertaining to the mood of the embassy staff performing the interview that day.

Edited November 13, 2013 by Rwlaird

[Girl from Celebes 588]

Again this is a source from DOS:

Visa Denials

Overview

With few exceptions, every visa applicant is interviewed by a consular officer at a U.S. embassy or consulate. After all available information is reviewed, the application is approved or denied based on U.S. immigration law.

There are many reasons why a visa application may be denied. In some instances, the application is denied because necessary information or supporting documents were not submitted by the applicant. In other instances, the application is denied for more serious reasons. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.

If denied a visa, the applicant is given a reason based on the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the complete list of visa ineligibilities in the Immigration and Nationality Act (INA), and amended laws.

I know of a very good friend of mine's brother got B1 visa while his F4 application was under way... He was 24 years old . Very hard to believe.

If you've ever been through B-2 visa interview you'll know exactly what are they doing. Those thing you've mentioned above is not actually what they will see during interview. I brought a bunch of papers, credit cards statement, bank statement, property certificate, and a letter from my employee that I have work commitment and will back on time to show them strong ties to my country.

In fact, she asked me if my visit purpose was for an assigment - since I wrote there that I'm a journalist at one of newspapers in my country- and I replied back no, I am going to visit my boyfriend and she suddenly said US embassy is very strict issuing a visa and put down a refusal paper stating "consider filed petition for K-1 visa". She did not even bother looked my papers at all.

Then US embassy in Jakarta invited me for several occasions and one of those when they were promoting Utah tourism. I told one of their consulars and people from Utah about my big complain. If they really wanted to promote US to another countries they should started to see the applicants papers very carefully and their backgrounds. NOT ONLY what is written on the application but all required documents that they listed. But, hey, there were a lot queue in the line and each applicant only have around 3-5 minutes standing in front of window. So if you're run out of luck then your visa chance is up.

To OP: again, congrats for approval and enjoy the upcoming holiday!

Edited November 13, 2013 by Girl from Celebes