Single and unemployed, want to apply for B1-B2 visa to go visit my boyfriend

[Calendula 39]

1 minute ago, Boiler said:

VWP is 90 days.

I know. 

[Umka36 781]

Have the boyfriend visit you as well is another option.

[f f 725]

keep in mind if you are denied the b1/b2 you will have to update esta (right away since yiur answers would have changed) with a visa denial which will make it harder to get vwp approved. I would play it safe go on the vwp and enjoy the 90 days.

 

good luck

[Boiler 45,486]

Spreading the trips would be the way to go, get a good job in France, let him visit you and you visit him, no need to run the risk.

[broppy 204]

5 hours ago, KULtoATL said:

And yes, it is generally difficult for a I-129F beneficiary/K-1 applicant to get a tourist visa. Reason being, you already have immigration intent. Under such circumstances, no matter how strong your ties are in France, it will no longer help much.

I don't know about getting a tourist visa, but it's generally not a problem to travel under VWP while K-1 (or other immigrant visa) is being processed - especially if you already have a history of visiting and leaving in a timely fashion. I did so many times during the 11 months my IR-1 took with no problems at all entering the US - the fact I had a petition in progress never even came up at the border.

[geowrian 22,337]

10 minutes ago, broppy said:

I don't know about getting a tourist visa, but it's generally not a problem to travel under VWP while K-1 (or other immigrant visa) is being processed - especially if you already have a history of visiting and leaving in a timely fashion. I did so many times during the 11 months my IR-1 took with no problems at all entering the US - the fact I had a petition in progress never even came up at the border.

Well, Canadians don't use VWP. The have a very similar program, but it's not VWP so no ESTA is involved. That's the case for many Canadians...some don't even get their passports scanned and therefore don't have an I-94 after entry by land. That said, there are some Canadians do get turned away for this reason, though. It's even more so from a VWP country, albeit I would imagine it's still more uncommon than common.

Edited March 16, 2017 by geowrian

[broppy 204]

Just now, geowrian said:

Well, Canadians don't use VWP. The have a very similar program, but it's not VWP so no ESTA is involved. That's the case for many Canadians...some don't even get their passports scanned and therefore don't have an I-94 after entry. That said, there are some Canadians do get turned away for this reason, though. It's even more so from a VWP program, albeit I would imagine it's still more uncommon than common.

I should probably change my flag - I'm a Brit, but was living in Canada. So yes, I travelled under VWP and needed ESTA when flying.

[geowrian 22,337]

Just now, broppy said:

I should probably change my flag - I'm a Brit, but was living in Canada. So yes, I travelled under VWP and needed ESTA when flying.

Ah. Still, the advice wasn't directed at your case. Many people are never asked or turned away. Some are. Having documented immigrant intent does increase the burden to prove that you will leave the US. Coming from a VWP country tends to be pretty lenient with this, but it's just a risk that the OP should be aware of.

[broppy 204]

14 minutes ago, geowrian said:

Ah. Still, the advice wasn't directed at your case. Many people are never asked or turned away. Some are. Having documented immigrant intent does increase the burden to prove that you will leave the US. Coming from a VWP country tends to be pretty lenient with this, but it's just a risk that the OP should be aware of.

Yes, that's true. VWP is no guarantee, of course. But having documented immigrant intent is not necessarily a bad thing. It's also strong evidence that you're already committed to following the legal process and might be less likely to cheat the system. But again, that might be biased towards the lower risk countries.

[Calendula 39]

The government website advice not to travel while waiting for a K1 approval, even on the waiver program. So I won't risk it either haha

 

What about filing for the K1 while in the US on ESTA? Is it gonna pose a problem for the application ? I know that there is a box to say if you're there or not while filing, but it might be a bad thing ... 

[KierenHby 899]

Nothing like a K1 status while in the US. Either marry in the US and Adjust, or K1\CR1 as consular processing overseas. 

[f f 725]

my wife had no issues coming over on vwp after we had submitted the k1. she had left the us 2 months prior to submitting the k1 and arrived for her trip 3 months after we put in the k1 and was honest with cbp, she was coming out to visit her fiancé. went back for the interview and everything went smoothly.

[geowrian 22,337]

16 minutes ago, Calendula said:

The government website advice not to travel while waiting for a K1 approval, even on the waiver program. So I won't risk it either haha

 

What about filing for the K1 while in the US on ESTA? Is it gonna pose a problem for the application ? I know that there is a box to say if you're there or not while filing, but it might be a bad thing ... 

You can file the I-129F regardless of physical location. You can fill out the DS-160 for the K-1 from within the US. But the K-1 processing (including the interview) will be at the selected embassy. Being in the US at the time of filing doesn't impact the petition or visa application.

[Becci391 339]

1 minute ago, geowrian said:

You can file the I-129F regardless of physical location. You can fill out the DS-160 for the K-1 from within the US. But the K-1 processing (including the interview) will be at the selected embassy. Being in the US at the time of filing doesn't impact the petition or visa application.

You can file for K1 in the US but your fiancé has to go back to her home country after the 90 days (if she travels with ESTA). She CANNOT stay longer.

[Calendula 39]

Yes of course I was talking about filing while in the us but going back home before the 90days ! 

Thank you all for your answers