B1/B2 visa while I129-F is pending

[#Brava 24]

Hey there!

 

My fiancé is from Russia and we're currently contemplating if he should even attempt getting his b1/b2 visa to US. My question is is it gonna in any way affect our K1 if he gets rejected? We want to be 100% honest when he attends his visa interview! I'm panning to write a sponsorship letter saying who he is and that I want him to see my house and get to know my family. I'll also send him my bank account statement, a copy of my passport and a copy of our NOA1 so he can present all those documents at the interview. What stresses me out is that my fiancé told me that it's really hard to obtain a tourist visa for Russians especially when you have a fiancé in US because they might think he's gonna stay there after his visa expires or smth but why would he stay there illegally if he's about to legally move there? It just doesn't make sense to me. One more thing that's making it worse is that my fiancé doesn't have a job in his country, he's student and he's going to take a break from college to come see me. He said they'll give him a paper stating he has his college but I don't know if that's gonna help. I have a business here in US and he helps me run it but I mean it's not an actual job, he can't proof he has it unfortunately. Also, it's a job in US and it doesn't show his ties with Russia, it's not something to come back for.

 

Anyways, we've seen each other 3 times in the last 4 months but I'm so tired of going places...I just wish he could come here and spend time with me at our beautiful house. It makes me so mad that my county treats the person I love to death as a piece of trash. I'm sorry if that sounds harsh but I'm just so tired of constantly waiting  

[KULtoATL 1,551]

Your sponsor letter might do more bad than good and there is no such thing as sponsoring a B2 visa. He should be applying for a B2 based on his own merits and be able to prove his ties back in Russia. With a pending I-129F and his lack of ties back home, there's a higher possibility of him not granted a B2.

[geowrian 22,338]

No, trying to get or use a non-immigrant visa is not going to hurt your K-1 (barring excessive visa attempts making him look desperate to get into the US).

 

You cannot sponsor a tourist visa. Unfortunately, wherever you read to write a letter, send a passport photo and bank statement, etc. is outright incorrect. We see it all the time here. Your fiance must prove his ties to return home entirely by himself. He doesn't need to show the NOA1, but given the purpose of the trip is to visit you and your family, he should mention that at the interview (they pretty much always ask for the purpose of the visit). Having a fiance in the US will work against him as a tie to the US, but that just means he needs to demonstrate more/stronger ties to return home.

 

Unfortunately, it does not sound like he has many ties to return home. Given his (assumed) age as a student, no property, no job, etc., I'm not sure what strong ties he could show. While I think college does count as a tie, it's a weak one at that...it's not a high bar to change schools once in the US (others have done so).

 

He is not permitted to work within the US on a tourist visa.This includes helping in your business. That could land him a ban, making getting any visa (K-1 included) more difficult and take longer to obtain a waiver.

 

I understand the frustration with waiting, but that is overly harsh IMHO. The process is designed to detect fraud and protect those within the US. Luckily, you can do the K-1 and "only" have to wait ~6-8 months. Spousal visas take even longer (albeit no AOS being needed is nice).

 

I wish you and your fiance the best of luck. That said, I would suggest emotionally preparing yourself for a denial.

[AllSmiles 3]

There's very little chance of him getting a tourist visa:

 

1. he already shows intent to immigrate to the US by applying for the K1 visa

2. he doesn't have strong enough ties to Russia (no job)

 

But the good news is that him applying for a tourist visa or being denied one will not affect the K1 visa eligibility.