Applying for B2 Tourist Visa while Waiting for K1 Petition Result

[AnnyCui 1]

Hello everyone,

 

I'm from China and my US fiancee has filed for the I-129F petition for me. We received NOA1 on September 25, 2017. We are currently waiting for further notice from USCIS. I wonder whether I will be able to apply for a B2 tourist visa while waiting for our NOA2.

 

I want to know what things I should be mindful of while applying for a B2 visa and how much chance I stand in obtaining a B2 visa. Thanks in advance!

Edited November 30, 2017 by AnnyCui

[Naes 12,205]

20 minutes ago, AnnyCui said:

Hello everyone,

 

I'm from China and my US fiancee has filed for the I-129F petition for me. We received NOA1 on September 25, 2017. We are currently waiting for further notice from USCIS. I wonder whether I will be able to apply for a B2 tourist visa while waiting for our NOA2.

 

I want to know what things I should be mindful of while applying for a B2 visa and how much chance I stand in obtaining a B2 visa. Thanks in advance!

Hi!

 

you can apply. However because k1 is a visa with immigration purposes, and b2 is all about saying I'm not immigrating. It may be a little hard to get.

 

you can still try and show as many ties to your country as you can.

 

are you working in a stable job.

do you have a lease in your country

do you have other ties such as kids

 

these are the type of questions you should ask yourself. Depending on how many of these and more you can provide your chances may go up.

 

 

Edited November 30, 2017 by Naes

[mytruelove18 608]

1 hour ago, AnnyCui said:

Hello everyone,

 

I'm from China and my US fiancee has filed for the I-129F petition for me. We received NOA1 on September 25, 2017. We are currently waiting for further notice from USCIS. I wonder whether I will be able to apply for a B2 tourist visa while waiting for our NOA2.

 

I want to know what things I should be mindful of while applying for a B2 visa and how much chance I stand in obtaining a B2 visa. Thanks in advance!

Result? Denied 

First China is a high fraud country and second with the k1 you are saying you intend to live in usa, so they will denied because once at usa they will think you wont come back to your country, they will think you will get marry and adjuste status

[AnnyCui 1]

On 11/30/2017 at 6:26 PM, Naes said:

Hi!

 

you can apply. However because k1 is a visa with immigration purposes, and b2 is all about saying I'm not immigrating. It may be a little hard to get.

 

you can still try and show as many ties to your country as you can.

 

are you working in a stable job.

do you have a lease in your country

do you have other ties such as kids

 

these are the type of questions you should ask yourself. Depending on how many of these and more you can provide your chances may go up.

 

 

Thanks Naes for your detailed answer :-)! I discussed with my fiancee and we decided that it is not a good idea to apply. He will be visiting me once he get vacation instead of me visiting him. 

 

Many thanks and hope your application is going well!

[AnnyCui 1]

On 11/30/2017 at 7:12 PM, mytruelove18 said:

Result? Denied 

First China is a high fraud country and second with the k1 you are saying you intend to live in usa, so they will denied because once at usa they will think you wont come back to your country, they will think you will get marry and adjuste status

I did not know that China is a high-fraud country, but thanks for your reply!

[TNJ17 1,329]

I don’t mean to hijack this thread but since it’s the topic I figure I’d ask. I’m just curious and I know it’s officially fraud to enter the country with a tourist visa and get married and adjust status, but why is that? If the relationship is bonafide and the marriage is real why are people not allowed to take that route?

[payxibka 10,047]

Because a B2 is a non immigrant visa. You must enter with non immigrant intent.  If you have immigrant intent you must follow the correct process.  

Edited December 3, 2017 by payxibka

[Unlockable 7,315]

20 minutes ago, TNJ17 said:

I don’t mean to hijack this thread but since it’s the topic I figure I’d ask. I’m just curious and I know it’s officially fraud to enter the country with a tourist visa and get married and adjust status, but why is that? If the relationship is bonafide and the marriage is real why are people not allowed to take that route?

Because a tourist visa is not meant for that. It is a NONimmigrant visa meant for tourism, visiting friends and  family, or conducting business meetings and such. The immigrant visa process is designed specifically for that. So a person would be by-passing an immigrate visa  to jump ahead of the line, so to speak, to entering the US sooner. The immigrant visa takes time because it requires background checks, medica checks, and interviews. 

 

Not or only that, it gives a huge unfair advantage to those who can get a tourist visa. It is extremely difficult for a lot of people from developing countries to obtain a visitor visa. Sometimes even if they have strong ties. So basically it is unfair for a person to be able to come and spend time with their loved ones as soon as possible while millions of others have to wait up to a year or more in their home country.

 

It is a loop hole that gets abuse (yes many people do it even they know it is wrong). There are even lawyers who advise their clients to do it. The reason being is because it is very difficult to prove a person had intentions to stay and adjust status after a person has entered. It would require too much effort and time in legal and investigative procedures to prove intent. So instead, the efforts are put into discovering intent only at the POE.