B2 Visa for boyfriend

[Pennycat 880]

I know, I know. I've been lurking on this site long enough (and have a few friends and acquaintances who are Counselor Officers at US Embassies). It's probably not going to happen. Just the calling each other "boyfriend/ girlfriend" is likely enough to look too suspicious or "risky" to give him a B2 visa.

But a few questions, followed by a brief rant (which is mostly just a call to commiserate).

1. I am employed by the US government, in a position where, politically, if I even have the appearance of engaging or condoning visa fraud, I would pretty much immediately lose my job. There is way too much at stake for way too many people to even have the appearance of impropriety. There is zero chance, ZERO that we decide to get married on the B2 visa. None. I’d be more likely to quit my job and move to his country because that’s what the outcome of using the sneaky work-around that some people seem to think is fair, legal or right (which it isn’t) would more than likely be.
2. In addition, he DOES actually need to go home. To go to work at HIS job. Of course, from the sound of everything I’ve read here that’s not going to matter much, especially given the existence of a girlfriend.
3. We seriously just want to visit. I will go down there for the holidays if he can’t come up here. The difference is, that this is his slow season at work and he hasn’t taken nearly as many vacation days as I have this year, so he could come visit for 3 or 4 weeks, whereas I’d be limited to 10 days, give or take a few. Plus, the added benefit of meeting my family, seeing where I live and taking all this to see if he’d actually want to make a life up here with me. I know that I’m not the first and I won’t be the last person with this perspective. I have a good friend whose relationship with the man who may have well been the love of her life over the freaking inability to get a B2 visa to visit, and neither of them were able to make the commitment to the marriage without him visiting first. It’s horribly sad. Does it really not work out for ANYbody?

So my questions are: will it make any difference at all if I prove my employment (and salary….may as well prove that I’ll support him while he visits) and write a letter explaining these points? Probably no, right? If we get denied, and when I visit over the holidays, we do decide to just have him jump in blind and get engaged, will having applied and been denied for a B2 effect the ability to get a K1?

Now the mini-rant.

I’ve read that people applying for B2 visas to visit boyfriends/girlfriends get denied and told to apply for a K1 visa. But, the K1 visa guidance specifically states that you must intend to marry then person when you apply. That this is NOT to be used for a “trial run”. That the intention isn’t to visit, it’s to marry. So……what do you do if you’re someone who wants to visit before deciding to get married? That’s a pretty big part of making a big decision, right? To know what you’re signing up for? Obviously, they don’t care about personal matters like this. But it’s all so sad and frustrating. I didn’t sleep a wink last night, reading and worrying, and reading other sites that make “sponsoring” someone’s trip to support a B2 visa possible, and others saying that it’ll never happen so don’t waste your time and money. I’m at my wit’s end. Help, or commiseration from anyone would be nice :/

[Hypnos 6,576]

1. the sneaky work-around that some people seem to think is fair, legal or right (which it isn’t)

It's legal in most circumstances, regardless of what you personally feel about it.

Onto your real questions...

A B-2 denial for lack of ties will have zero effect on any K-1 someone might try to obtain in the future.

Trying to "sponsor" someone's B-2 can actually work against them, because yes they may benefit from your resources in the short-term, but long-term the CO might believe they could become dependent on you, making it more likely they would overstay or try to immigrate on a nonimmigrant visa.

It's up to you (and him) whether you think a short letter of invitation is worth it. Generally they aren't, for the reasons I alluded to above, but it's up to you. Worst case scenario: if his B-2 is denied then you can go visit him instead.

[Stressed Out 81]

You can always type up a letter explaining what you've told us. Based off of my own experience (and those of many others) the chances of getting a tourist visa when you have a USC bf/gf are extremely slim. However, the K-1 won't be effected by a B-2 denial, which is good news. Also, the K-1 gives you 90 days to marry so your future spouse can decide whether they like it in the US or not. If that's not enough time for you then I'd suggest just simply waiting overseas until you're ready and get married before and apply for a CR-1 spousal visa...being married longer than 2 years automatically upgrades it to an IR-1 which requires no removal of conditions after arriving in the country.

PS - as stated above, offering to support the tourist would be considered a negative since they want to see that they have money of their own that can show them they won't become a public charge in the US. To the CO there's no guarantee that you guys won't get into some domestic dispute and you'll throw them out during their visit. That's just how they're trained to assess it.

Edited November 14, 2014 by Stressed Out

[Mike-eeh and Odie 193]

You know, they say invitation letters make no difference with a B2 visa, however, considering your government position, maybe this would be one of the rare cases where it may actually help.

And to commiserate with your rant, I find it deplorable that so many honest people try to get their loved ones to the USA the LEGAL way, and must pull teeth and jump through flaming hoops to do so. While possibly in a few short months, if Obama gets his way, over 4 million illegal immigrants may be rewarded with green cards for breaking the US immigration laws!

[nitsirk7562 82]

Personally, my fiancé (then bf) got a B2 visa.

It pretty much depends on the CO you happen to get that day. That being said, prepare to show strong ties.

VJ is very helpful, but I'm glad I didn't read anything on this site at that time, because it would have freaked me out!

[Mike-eeh and Odie 193]

...Also, the K-1 gives you 90 days to marry so your future spouse can decide whether they like it in the US or not...

The 90 days granted to a K-1 beneficiary is time allotted to plan a wedding and get married. It is not a "try before you buy" time period. The time to get to know each other to see if the relationship works should be all time spent before submitting the 129F application such as meeting up, phone/text conversations, etc. To use a K-1 visa for any other reason besides marriage constitutes visa fraud.

[Stressed Out 81]

Of course that's what the 90 days are for, but I'm saying it also has other benefits that just giving you time to plan your wedding. A lot of people coming on the K-1 have never been to the US before.

[Pennycat 880]

Hypnos...I should have been clearer. The sneaky work-around us to use B2 or VWP with the intention of marrying. There is no way that approaches legal. As for me saying that there is zero chance we marry on the B2....a mix of his work obligations, logistics (he'd need to move his stuff and I'd need to give my roommate time to move), the fact we're not "there" yet and the fact that even the very appearance that we'd done something wrong (like misued the B2) would be a disaster for my employment, to the point that is is likely I'd lose my job.

Thanks to you and all for your answers and commiseration. This is my first VJ post and it is surprisingly helpful just to hear from other folks.

It's not the end of the world for me to go there. I'd just rather have more time together and stop pissing off my boss and coworkers with "all my vacation time" (don't get me started. I'm there on days no one else is to have the time to travel but they don't see....because they're not there.

Can't touch all that political stuff with a 10 foot pole!

[Edited to remove the double post]

Edited November 14, 2014 by CatherineA

[Stressed Out 81]

Marrying on the B-2 just to get married and then leave and apply in the immigrant's home country for a CR-1 is 100% legal. Customs officers can tell you that themselves. It's when you stay to adjust status after having entered with those intentions that is basically "cutting in line" and your AOS is at risk when they suspect you of visa fraud.

[Boiler 45,499]

I did try for a B2 and failed. I had visited and subsequently visited on the VWP.

You do not mention which Consulate is involved. Maybe the biggest factor.

I am not sure how many countries I have visited, 30 something, but before coming on this site it would never have occurred to me that getting a visa would have anything to with the person I was visiting, their job etc.

[Hypnos 6,576]

The sneaky work-around us to use B2 or VWP with the intention of marrying. There is no way that approaches legal.

It's absolutely legal. People enter the US on vacation and get married all the time. If it wasn't legal then places like Las Vegas would disappear overnight.

[Pennycat 880]

That's the thing Boiler, it shouldn't make a difference but I've read elsewhere that it may (not what my job is per se, but that I am consistently employed and earn enough to support the applicant while he's on holiday. Maybe the fact that I'd be in hot water if I played fast and loose with the rules would mare a difference, maybe not.

Hypnos, I clairified and said that applying for B2 with the intention to marry is very much illegal. Sure, people marry people they just met on vacation. But that isnt the case for us. Dome people intend for a visit and change their minds, others intend to marry and lie to get a B2 or VWP to get around the longer, more difficult processes. Enough people do #3, that those who do #2 are looked at with suspicion. That suspicion alone is a problem for many, myself included. Evan if we did legitimately change our minds and somehow overcame the logistics, it would look suspicious enough (and rightly so) that I'd be in some real trouble. There is zero risk of him not returning.

[Boiler 45,499]

Nothing wrong marrying in the US as a visitor. Using a visitor visa with the intent to stay is a minor naughty.

You can not be held responsible for his immigration violations.

[Jon York 156]

Just curious OP, what country is he from? As that has something to do with how we would all look at this.

[Pennycat 880]

He's from Costa Rica. I'm surprised you think it's a "minor naughty" because it's my understanding otherwise. I'm new here but I'm not new to these issues. Either way, minor or major, done purposefully or no, it doesn't matter. I know my employer and I know how even the whiff of wrongdoing can and likley would result in a serious problem for me. You're going to have to trust me on that one, sorry.

Plus we don't want that anyway. We want a visit. He has commitments there and needs to go home. We're not in that mindset...I mean we're not even engaged! There's no way I'm making that kind of decision without serious time and thought (if at all possible. ...come on B2 visa!!!) I know that some people have different timetables and great, but that's unusual. We're fairly standard, minus the international long distance part.