Traveling with B2 to meet your spouse after marriage overseas

[Nwoke 30]

i applied for a B2 visa last year to visit my fiance in the U.S but I was denied in January when I went for the interview because I had not met her in person.

 

my fiance had to visit me some months after that still this year and we took some pictures while she also spent time with my family and friends.

 

she has filed a K1 petition for me but said the waiting period is so unbearable to her.

 

she is planning to come over here for our marriage then go back to the U.S and file a spousal visa for me. she also wants me to come to the U.S with a B2 visa afterwards so that I stay in the U.S till the I-130 is approved then I can come home for the interview and rejoin her afterwards.

 

please I need your advise.

[Roel 7,192]

So if waiting for k1 is unbearable, how are you going to "survive" waiting for spouse visa that's even longer waiting period?

 

After one denied b2 visa there is 0 to none chances for it to be approved the second time. Getting married won't change anything. 

 

Cr1 visa will take up to 14 months to be approved. Max time allowed on b2 visa is 6 months and that's pushing it. 

 

There is many flaws in this plan. 

[Crazy Cat 41,894]

It is "possible" for a spouse to visit the US during the CR-1 process....BUT you would have to demonstrate very strong ties to your home country to convince the officer that you truly intend to return.  Even if you obtain a B2 visa from the consulate in your country, a US border officer can still deny your entry into the US if he/she thinks you actually have intent to stay and adjust status.  The fact that you had a previous B2 denial will not be favorable to you.

Please be aware that you can not enter the US via a tourist visa with the intent to remain and adjust status.  It can result in misrepresentation and a lifetime ban.

[jdaveh 58]

We need more information. What country are you from? It is fine to get married and file for spousal visa, however you need to spend more time together to show  relationship. B visa is not based on anything other than your ties to your home country. Being married can actually be a deterrent. If I am reading this right, you were engaged even before you met? Is that correct?

[Going through 5,671]

18 minutes ago, Oha said:

she is planning to come over here for our marriage then go back to the U.S and file a spousal visa for me. she also wants me to come to the U.S with a B2 visa afterwards so that I stay in the U.S till the I-130 is approved then I can come home for the interview and rejoin her afterwards.

Applying for a B2 visa (soon after a previous visa denial) while showing clear immigrant intent (by filing the i-130) is going to probably result in a 2nd denial.

 

Also, even if the B2 was approved, the chances of being granted a duration of stay in the US over the amount of time it takes for the i-130 to be approved is slim.  In addition, if a B2 was granted for six months, border officials could still reduce that time as is their prerogative (ie. determine you can stay in the US for a couple of weeks at the most).

[Nwoke 30]

the plan is not to stay in the U.S and adjust status.Please understand me.

 

my B2 was denied january 2018.she visited May 2018, filed and got NOA1 for K1 in June 2018.she plans to come for the wedding in DEC 2018/jan 2019 (assuming she doesnt get NOA2 by then).

 

after the wedding she will go back to the U.S to file I-130.sometime around MAY/June 2019 I could go on a B2 visa to spend some time with her while we wait for the approval of the I-130.

even if the I-130 is not approved during the visit,I dont mind coming back.But she just doesnt want me to stay far from her all through the waiting process.

 

we want to know the possibility of getting the B2 after our marriage.

[jdaveh 58]

What Country ?  If you are in a high fraud area, likely B2 will be denied again. Assuming you get married in Dec/Jan, You will be halfway through the K1 wait and scrapping it to wait the same amount of time for the CR1; only the clock starts over with the new filing. Marriage can sometimes be a deterrent  for a B2 as they will assume you intend to immigrate unless you show strong ties to your home country.

[Roel 7,192]

Probably zero. 

Marriage have nothing to do with. You have 1 visa denied already. Being married to Us citizen will make it even harder to get a b2 visa. 

 

Spouse visa process takes over a year. You cannot spend that much time in the US even with  2 visa. 

 

So in my opinion your plan is pointless a d since you already filed k1 I'd stick with it. 

[Nwoke 30]

i really appreciate your contributions.thanks a lot.

[Going through 5,671]

41 minutes ago, Oha said:

But she just doesnt want me to stay far from her all through the waiting process.

Perhaps she can come for an extended visit to your home country, then, while going through the process?  

[Oliversmom 250]

Wait - you said she would file the I-130 May/June 2019?  You will probably have your K1 visa by then.   It is up to you of course but that is another year to file and then another year or more to wait for the visa.  Why would you do that?  Stick with the K1.

[Oliversmom 250]

Wait - disregard my last post.  I did not read your post correctly.  Sorry.  I just realized my mistake.  Disregard everything I said.  However I would still recommend waiting out your K1 visa.  It is totally up to you.

[jdaveh 58]

" I was denied in January when I went for the interview because I had not met her in person. "  Another confusing thing about your original post, not having met has nothing to do with a B2 visa. 

[Crazy Cat 41,894]

1 hour ago, Oha said:

i really appreciate your contributions.thanks a lot.

Where do you live?

[Crazy Cat 41,894]

and again, we hear crickets when asked about country of origin......or did I just miss that somewhere?