My boyfriend got denied tourist visa. Advice please

[Transborderwife 4,666]

".. if Congress had disallowed AOS/COS from B2s, and drafted laws with some teeth in them regarding overstays and working without permission.. "

If this is such an awesome idea, and if most COs like yourself support it, why hasn't it happened??????????

There may be a crappy Congressman Schmo or a congressman Schlum, but as a whole, congressionally made laws are fairly reasonable keeping in view US national interests.

Probably because USCIS makes a good deal of money from aos that they may otherwise not make as a visitor could just come and stay permanently in the shadows.

[KierenHby 899]

Or increase cost of AOS/COS and speed up CR1. Those AOS\COSing will pay pretty much any amount, no financial penalty is a deterrent.

Why does the CR1 take so long? To weed out frauds and scams, to establish bonafide marriages.. among a couple reasons.

[KierenHby 899]

Probably because USCIS makes a good deal of money from aos that they may otherwise not make as a visitor could just come and stay permanently in the shadows.

Yep

(my question was rhetorical)

[RobertM54 36]

..and all your wife has to do to arrange concurrent travel, is to request AP (if necessary), travel home, pick him up and return...piece of cake. Aren't we talking about a year or two?

How do I know this? because I would often see grandma or grandpa (or a younger sister) show up some time later seeking a B2 in order to accompany their niece or nephew to the US, where mom awaits, unable to leave because the AOS is in process and getting AP is time consuming... ​Exactly the situation I want to avoid with concurrent K1/K2 after B2.

Edited February 2, 2016 by RobertM54

[Transborderwife 4,666]

Yep

(my question was rhetorical)

My bad...mommy brain

[Yoveeta 36]

Yea It's probably a lost cause to apply again... Oh well looks like K1 it is.

hmm sorry but from this comment looks that he wasn't so intended to return after friendly visit.. I guess you were planing to get married while he was visiting and then apply for AOS skipping some fees and a lot of waiting time.. It just my thoughts... no need to feel offended

[KierenHby 899]

My bad...mommy brain

It's all good !!

[RobertM54 36]

Or increase cost of AOS/COS and speed up CR1. Those AOS\COSing will pay pretty much any amount, no financial penalty is a deterrent.

Why does the CR1 take so long? To weed out frauds and scams, to establish bonafide marriages.. among a couple reasons.

mmm help with the budget - I'm down with that.

Does CR1 go faster if the beneficiary has already been to USA on a non-immigrant visa type and followed the rules.

It appears CR1 is K1(ish) plus AOS so it does not really take longer. The family is just separated longer.

[KierenHby 899]

Does CR1 go faster if the beneficiary has already been to USA on a non-immigrant visa type and followed the rules. Not to my knowledge; haven't seen any evidence of such.

It appears CR1 is K1(ish) plus AOS so it does not really take longer. The family is just separated longer. The CR1 process itself is fairly streamlined, afaik.

[aaron2020 11,651]

essentially, the beneficiary returns and can be issued another K1 with a bit of paperwork...remember, the petition has a validity of 120 days, not 90, which can be extended another 4 months by a CO.

Please provide a citation. As an ex-CO, this isn't a problem right?

Here is one lawyer who say the K-1 can only be reissued for the remaining original 90 days.

http://www.pcurtislaw.com/reissuance-k1-fiance-visa

This is from the manual:

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(CT:VISA-1547; 09-27-2010)

If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry. The aliens return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

Edited February 3, 2016 by aaron2020

[caliliving 606]

I know. We scheduled the interview for 12 Feb so we could have the Valentine weekend together.

Following up to Catherine A. The applicant's strong ties to the home company are weakened at the point of getting engaged. So the CO must make the presumption that the applicant will get engaged or married during the trip in order to invalidate those ties. HFM181818's assertion that a K-1 following a B2 is an admission that the couple was already engaged is a stretch. It is the presumption of immigration intent that warps the normal progression of a relationship (compared to a VWP country) to accelerate the K-1. The prospective couple has no experience together in the new country until after they are engaged and the K-1 is approved. Since that experience is critical to marriage, the only option left to the prospective couple is the K-1 visa. So the presumption forces the the relationship to accelerate.

So, if our B2 is approved and everything goes well, then the K1 is submitted in late July after I have spent a week with her family and with significant relationship history. If the B2 is turned down, as is likely, then the K1 is submitted in February with sketchy relationship history that will improve between submission and interview. I see no other reasonable for me to get to marriage.

So my GF's interview might go something like that.

CO: I see you have very strong ties to Ukraine except for no money. How will you finance this trip?

GF: My boyfriend will pay for everything.

CO: Umm OK. Are you engaged?

GF: No. He wants me to spend time with him in USA to decide that.

CO: If he asks you to marry him how do I know you won't just stay?

GF: To minimize separation from my son. We want to make it easy for my son to come by using a K1/K2 with concurrent travel.

And the CO now has a decision. That's what they are paid to do.

I dont think you have a good chance of getting the B2 visa:( the US is really tightening down and being from eastern europe doesnt help. Does she own a house?

Unless you are from a WVP country it is going to be very very hard going forward to get any type of B2 visa with what is going on right now.

The K1 visa was made so that during the Vietnam war, men were able to bring back the women that they met/got pregnant during that time. Dating and relationships have changed over time and the purpose of the K1 is really if you meet a girl on vacation/online, apply for K1 and bring her here and see if you still like her and then either marry or send her back. The K1 is the fiance trial period that can have immigration intent, not a B2.

Maybe the K1 should be 6 months to get married. that way some people can have a bit longer to decide and see if that person is right for them.

It is very easy to see why the OP got denied. He applied from a different country than where he is from, has a GF in america and was able to leave a job for 4 months.

I wonder what the 'return' rate is? like how many fiances end up moving back to their home country and the K1 is cancelled.

[HFM181818 750]

".. if Congress had disallowed AOS/COS from B2s, and drafted laws with some teeth in them regarding overstays and working without permission.. "

If this is such an awesome idea, and if most COs like yourself support it, why hasn't it happened??????????

There may be a crappy Congressman Schmo or a congressman Schlum, but as a whole, congressionally made laws are fairly reasonable keeping in view US national interests.

Easy....Congress wants to be everyone's friend...BIg Biz funnels bucket loads of cash into campaign coffers, lobbying for cheap labor, which is why there is so little enforcement of our immigration laws....plus other legal loopholes that need filling or closing.

[HFM181818 750]

if Congress is so interested in you and me, why is it so many jobs and manufacturing got outsourced to China?

USCIS makes the same money whether from an AOS or an original petition (CR1) or from the AOS from a K1...it's all the same....so, disallow AOS from B2s (and some others)...the revenue stream will remain the same, and, the airlines will benefit because now the foreign 'friend' has to take two trips to the US, not one. Win Win...

[Transborderwife 4,666]

if Congress is so interested in you and me, why is it so many jobs and manufacturing got outsourced to China?

USCIS makes the same money whether from an AOS or an original petition (CR1) or from the AOS from a K1...it's all the same....so, disallow AOS from B2s (and some others)...the revenue stream will remain the same, and, the airlines will benefit because now the foreign 'friend' has to take two trips to the US, not one. Win Win...

I disagree respectfully. I do believe that they'd potentially lose money for overstayers who never file

[HFM181818 750]

overstayers who remain in the shadows were not going to give USCIS a nickel anyway...it's like saying that if people don't go to the movies, the theater loses money....well, if someone prefers to rent DVDs, so be it.

But the $$$ from petitions, IV issuances, AOS, etc, flows to USCIS...about the only 'extra revenue' they might collect is from extensions of B2 visas....but I doubt that is a significant percentage of their cash flow....