My boyfriend got denied tourist visa. Advice please

[aaron2020 11,651]

Still waiting for a citation from our beloved self proclaimed former CO.

Loves dishing things out, so I am calling you out to provide a citation to back up your words. Don't want to lose your credibility do ya?

[HFM181818 750]

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.

there are two different routes.....one is to return and use the same petition to get another visa for whatever days remain of the original 90, or, submit a new petition (whose processing time will be very fast), and with that new petition, a new visa can be issued, but, the main hurdle will be for the beneficiary to convince the CO that the new K1 is being used merely to provide a means for the beneficiary to just visit...other than that, as long as every one is still free to marry....it happens rarely, but I have done a couple some years ago.

[aaron2020 11,651]

there are two different routes.....one is to return and use the same petition to get another visa for whatever days remain of the original 90, or, submit a new petition (whose processing time will be very fast), and with that new petition, a new visa can be issued, but, the main hurdle will be for the beneficiary to convince the CO that the new K1 is being used merely to provide a means for the beneficiary to just visit...other than that, as long as every one is still free to marry....it happens rarely, but I have done a couple some years ago.

Blah. Blah. Blah.

You love calling people out. Provide a citation of the authority to do as you stated.

Submit a new petition - ha! DUH. Starting over is not exactly a reissue is it?

Edited February 3, 2016 by aaron2020

[Pennycat 880]

the rapid transition to a K1, with the beneficiary so willing and able to abandon his/her life within a relatively short time span strongly suggests that those 'ties' would not likely have prevented the inevitable mind change at customs...it's not as if the beneficiary spent the next 18 months outside of the US...no, they arrived within a short time span following a B2 denial...saying goodbye to their parents (the ones they 'love so much' and 'have to care for'), their job (I'll say nothing else) and anything they offered up as the reasons why they would not stay...if those ties were really that substantial, then leaving them fairly fast later suggests (to me, anyway, for what it's worth, which isn't much, but I did see these scenarios thousands of times...and a pattern emerged)..that it would not likely have bothered that same person too much to wave goodbye with a B2....hard to prove, sure....but quick K1s following a denied B2 is strongly suggestive that an AOS from a B2 was far from improbable.

Still, the main problem/cause is the lack of willpower by the worst congress money has bought, who passed immigrant laws that are as solid as Swiss cheese....way too many loopholes, a lack of political backing to give people the resources/authority they need to enforce the few laws that might actually mean something...

If COS/AOS from a B2 (and other visa types) were prohibited, combined with severe penalties without waivers for having violated our immigration laws, then a lot more people would get the opportunity to visit, etc. Take the alleged 3/10 year ban for overstaying....if the visa cheat never leaves the US and winds up marrying some dodo living in a trailerpark, they weepily seek a waiver which has a fairly good prospect of being approved...so where's the incentive to obey our laws? Merely remove the waiver...and watch more and more people decide not to overstay, especially if there was no salvation available by marrying some village idiot living in the boondocks...(which would also reduce marriage fraud). But no, congress 'forgot' to include applying the penalty thoroughly and with waivers made available merely by marrying some USC, well, whatever theoretical mirage of immigration law enforcement disappeared like fog....while congress congratulated themselves.....hmmph...

I completely agree with you on prohibiting AOS from B2 (and VWP etc) and always have, and have taken a lot of flack for that opinion here. That would very much change the game for a lot of people (stop the schemers and maybe give honest folks half a chance).

But still, is it outside your ability to see the difference between "you can't prove you won't immigrate" and "this is proof that you would have immigrated"? If not, that is actually really quite shocking.

Are you incapable of imagining the situation repeatedly described to you here on this thread? That a person wants a B2 to visit to help make a tough decision. And absent the B2 (essentially having their hands forced), makes the decision to take the leap without looking? Can you follow the thought process of:

Problem: Should I, or should I not, become engaged to this person, begin a K1 visa process (time, money, commitment) or not? Please note that by the time many couples are talking immigration options, the relationship is quite advanced and the engagement decision is eminent.

Thoughts: Can I make this decision without visiting the US? Yes. Should I? Not unless I don't have to.

Best Plan: Try the US to get a fuller picture of the life I am agreeing to, bonus points: spend more time together, under more similar circumstances that we will be living under.

Backup Plan: need to make this decision without visiting the US.

Or do you think that I, personally, and others, specifically, on this thread had the "inevitable mind change at baggage claim" plan just because of a (relatively) quick K1 follow up to a failed B2?

NONE OF THIS IS TO SAY that the B2s "should have been granted" (because the threat of AOS is real-- which is why prohibiting AOS from B2 is a cause I believe in). I understand the problem, probably more than you realize I do, and I agree that most people with failed B2s probably could not prove sufficient ties (to the high threshold required, largely because of the AOS cheaters).

This IS to say "my 'quick' K1 follow up to a failed B2 (applied 3 months later, interviewed 10 months later, immigrated almost a year to the day after the B2 fail) absolutely was not an indication of a plan to AOS from the B2. It was an indication of wanting to make a more informed decision and to have the possibility of seeing each other more often during the 10 months the K1 took. And there are many others like me. Yes, we are outweighed by the liars of the world, and we have already suffered for that (the failed B2). To be lumped in with the very type of person who made the B2 impossible for us (the liars and schemers) is not something I'll stand for.

[Pennycat 880]

and as for a K1 having to be used to accelerate a relationship is not true...the K1 holder has 90 days in which to marry after being admitted to the US...if not, then the K1 holder departs and the petition/visa can be extended and another 90 days can be given to the beneficiary, giving ample time for the relationship to be nurtured....it's not as if the K1 holder has to marry in the airport parking lot.

I think we all know the 90 day thing. The thing is that this is not meant to be a "get to know you better, see if I like the US" visa, or at least that's what we were repeatedly told. You should already fully intend to marry if you're applying for a K1. A K1 isn't an expensive work-around to a B2.

Basically, I'm all for (and long have been) prohibiting AOS from tourist visas (to include VWP) or making it like $10K or something, to speed up the overseas visas. Logistically, I know this is not likely and may be a bad idea (will likely make the wait times for visas all the longer), but it would certainly level the playing field a little bit (giving honest people half a chance) and is an obvious loophole to close. USCIS must not want to and it probably comes down to money and human resources.

[NikLR 13,227]

USCIS probably makes more money from AOS from tourist, work, and student visas than from K1. They dont make money from most visas as that's DOS not DHS.

The USCIS is self funded. Want faster times? Allow more people to adjust status... The math seems really simple to me as much as I think they shouldn't allow AOS from those visas without extremely extenuating circumstances.

[Mike-eeh and Odie 193]

".. 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.

\

Edited February 3, 2016 by Mike-eeh and Odie

[SennaBrigante 92]

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.

Didn't seem to do us any favors. We were expedited on a completely different reason (Typhoon Haiyan).

[MacUK 983]

Basically, I'm all for (and long have been) prohibiting AOS from tourist visas (to include VWP) or making it like $10K or something, to speed up the overseas visas.

I disagree, that would just make it like so many other inequalities in the world.

It would just mean that the wealthy can break the rules and screw the not so wealthy.

Stop adjustments on all types of tourist visa.

I would say however that I personally would allow adjustments for student visas and work visas.

These are people who could have spent years living in the States and developing relationships. Rather than interrupting this settled life for the foreign spouse to need to go home for up to a year I think it would be just for them to be able to adjust.

Tourist visas should be just for that, tourism.

I would also say that the forgiving of overstay for immediate relatives should be stopped. People who've stayed illegally for years or even decades shouldn't be given a Get Out of Trouble Free card simply because they managed to hook up with a USC.

What's the point of having different visa categories and permitted duration times if they don't actually enforce them?

[KierenHby 899]

You obviously know nothing about money and how it influences politics. \

I know a "bit" more than you'd think. Don't ask how

[michellemakana 4]

I strongly disagree. The reason so many B2s are followed by K-1s is that is the only way to move the relationship forward.

The USC does not have infinite time and money to travel to meet the beneficiary. In the case of the non-VWP countries, it is almost certainly the beneficiary who can make the time to travel and live with the USC in the environment in which they will live should they decide to marry. That is certainly my intent with the young Ukrainian woman who "has latched onto me". I am flying to be with her for the B2 interview and I AM BRINGING ALL OF THE FORMS TO BE SIGNED FOR THE K-1 WITH ME.

There is absolutely no intent to commit immigration fraud. It is simply a desire to mature the relationship before going to a K-1.

So, should the B2 be disapproved then this is another couple going straight to K-1 - because it will almost certainly be approved.

In cases where a young child is involved then it is especially important to find out how my GF and I are together. If we can do that before committing and filing the K-1, then she and the child can come together. If we have no face time in USA before the K-1 is approved, then I will not bring her son over with her. We are looking at months of separation before we can get advanced parole for us to go back and bring him to his home.

With K-1 processing times so fast - I do not understand why there is an incentive to game the tourist visas any more.

Yes I definitely agree. How else could we move our relationship forward without considering K1 if B2 is pretty much impossible to attain for people in our situation. We did not have the intentions of abusing the B1 visa. If he got it, it would have been the chance for my boyfriend to meet my family and see if he could thrive in "my world" before committing to K1 and marriage.

[MacUK 983]

Then blame the thousands of people who have abused their tourist visas, and the system that allows it.

[Boiler 45,692]

Then blame the thousands of people who have abused their tourist visas, and the system that allows it.

Absolutely, especially when he is from a country with a long history of such abuse.

[HFM181818 750]

It's the abusers, and to some extent, the odd lax enforcement surrounding B2s...if you read the rules regarding the K1s, it's pretty detailed and not subject to loopholes, yet the abuse of B2s is ignored, so it's no wonder people try that route so often....solution: end all AOS/COS from B2s, end 99% of extensions of B2s (cohabitating partners excluded and possibly some medical treatment visas, but the run of the mill 'tourist', no.

[KierenHby 899]

USCIS probably makes more money from AOS from tourist, work, and student visas than from K1. They dont make money from most visas as that's DOS not DHS.

The USCIS is self funded. Want faster times? Allow more people to adjust status... The math seems really simple to me as much as I think they shouldn't allow AOS from those visas without extremely extenuating circumstances.

This