K1 visa & finalizing divorce - are we stuck?

[Marieke H 2,523]

18 minutes ago, tomuk said:

What about this? 

I don't want to say that if it works one, it will work again, but... I have to try. "Wasting" $160 is kind of nothing...

 

You're referring to a couple with completely different circumstances. The foreign fiancee was never denied entry, she was able to show ties to her country, they already had a pending K1, the USC attended the interview and apparently was a very skilled negotiator. 

Your circumstances are completely different. But hey, go ahead and try if you believe you have a chance. They will gladly take your money.

[Roel 7,193]

If you'll go to the embassy and say that you need a b2 visa because you cant do k1 then your chances of being denied will increase even more. Just think for a moment how this sounds. 

 

Your immigrant intent is crystal clear. I wouldn't even bother with tourist visa. 

[tomuk 25]

3 minutes ago, MariekeH said:

You're referring to a couple with completely different circumstances. The foreign fiancee was never denied entry, she was able to show ties to her country, they already had a pending K1, the USC attended the interview and apparently was a very skilled negotiator. 

Your circumstances are completely different. But hey, go ahead and try if you believe you have a chance. They will gladly take your money.

In our case, she was not allowed to enter embassy at all. We wanted to be there, at interview.

[Jojo92122 1,924]

1 minute ago, tomuk said:

In our case, she was not allowed to enter embassy at all. We wanted to be there, at interview.

The embassy does not have to allow her in to attend your visa interview.   She has nothing to do with your B-2 visitor visa application.  

[tomuk 25]

Just now, Jojo92122 said:

The embassy does not have to allow her in to attend your visa interview.   She has nothing to do with your B-2 visitor visa application.  

That is exactly what happened. I was just pointing out that "USC was with her at interview" was not considered in our case. I am not feeling bad that she was not allowed, if that is their rules.

[Marieke H 2,523]

Another thing that worked in that couple's favor: she had 2 children who would stay behind during her visit. She wanted to look at schools, talk to teachers etc, to prepare for the big move.

Different country, completely different circumstances. The fact that she got a tourist visa says nothing about your case.

Have her visit you instead, it is your only option. 

[Jojo92122 1,924]

3 minutes ago, tomuk said:

That is exactly what happened. I was just pointing out that "USC was with her at interview" was not considered in our case. I am not feeling bad that she was not allowed, if that is their rules.

See how that's a second difference between your case and the other person's case?  That person's situation is not like yours.  Yours is way worse. 

 

You are free to apply again, but it will make you look desperate and that can affect your K-1.  It's your choice.  Be aware of the potential consequences of looking desperate with multiple applications stating potentially conflicting stories.  People with experience are telling you one thing, but you seem intent on another B-2 application.  Good luck.

2 minutes ago, MariekeH said:

Another thing that worked in that couple's favor: she had 2 children who would stay behind during her visit. She wanted to look at schools, talk to teachers etc, to prepare for the big move.

Different country, completely different circumstances. The fact that she got a tourist visa says nothing about your case.

Have her visit you instead, it is your only option. 

Third difference.

 

You leaving any kids behind?

[tomuk 25]

2 minutes ago, Jojo92122 said:

See how that's a second difference between your case and the other person's case?  That person's situation is not like yours.  Yours is way worse. 

 

You are free to apply again, but it will make you look desperate and that can affect your K-1.  It's your choice.  Be aware of the potential consequences of looking desperate with multiple applications stating potentially conflicting stories.  People with experience are telling you one thing, but you seem intent on another B-2 application.  Good luck.

Third difference.

 

You leaving any kids behind?

Got it. We'll wait.

[Marieke H 2,523]

Just now, tomuk said:

Got it. We'll wait.

Yes! Have her visit you instead. It'll take a while, but it will be worth it in the end. Good luck!

[Diane and Chris 651]

4 hours ago, Jorgedig said:

Unfortunately, you will have to wait like everyone else.   Divorces in New Zealand take two years after separation, and it became a lesson in patience for my fiancé and I.   Just like every step of the way with US immigration.

Looks like you got approved on  Monday.  Congratulations!  

Edited August 16, 2018 by Diane and Chris

[SalishSea 18,096]

4 hours ago, Jojo92122 said:

The US Embassy does not care if you have a return ticket when interviewing for a visitor visa.  Jorgedig gave you bad advice.  Read the instructions for the DS-160.  The US Government advises not to buy tickets before receiving a visa in hand and that return tickets are not considered in granting a visitor visa. 

Uh, excuse me?   I certainly did *not* give bad advice.   I am well aware that a return ticket is not needed at an embassy interview for a B-2.

 

I assumed the fact that I was alluding to having proof of return travel intent and ties to country at POE (given the OP’s prior experience) was implied.

[SalishSea 18,096]

41 minutes ago, Diane and Chris said:

Looks like you got approved on  Monday.  Congratulations!  

We did, thank you!   😊😊

[SalishSea 18,096]

6 hours ago, tomuk said:

I don't think case is special. Exactly opposite, I think it's not special at all, we are not from any country which is on watchlist, nothing. Special is maybe in the way that I screwed it up and did mistake. But I guess (hope) it's not that big.

I am just trying "everything" because I don't want to live with thought "there might be something and I am not trying" or "there was something and I haven't done it". I think this is pretty normal and could be respected.
Also, I can imagine, this can someone use tomorrow, week later or month later as a reference.

 

How can I bring evidence of return ticket when they don't recommend to purchase ticket at all? Yes, I am aware not overstaying, and I am not talking about during one visit, but during whole period. I am out of US longer time now (better to say, I'll when I will request visa again) in compare what I did before, and one visit during Christmas (and maybe another in mid 2019) would be something what would make me at least somehow satisfied.

I am sorry if you misunderstood my post.  I meant to have evidence @ POE should you receive another visa.  It obviously is never advisable to purchase tickets before having visa in hand.

 

And regarding "overstaying"......it isn't even that, exactly.  A 10 year B-2 holder may be granted a 6 month stay by the immigration officer at the port.  Legally, they could stay for that duration.  But if they return to the US shortly after, even though they did not "overstay," they will be scrutinized more heavily.  Most people do not have the means to stay for months on end, even if it is "allowed."  That was my reference to CPB not liking it if folks appear to live part-time in the US on a visitor visa.  

[TNJ17 1,329]

I seriously doubt you’ll be given a tourist visa after losing esta and getting a denial on another tourist visa due to immigrant intent. Good luck with that.

[midwinterrose 277]

@tomuk Just going to throw it out there that you should maybe look at getting married in your country and applying for a CR1 visa instead of the K1.  Nowadays there's not much difference in the processing time to approve either visa (I expect by April 2019 the wait will be even longer for K1), so you would spend about the same amount of time apart during processing, but when you are approved for the CR1 visa you also receive your green card along with it so you can work right away.  The K1 visa requires more waiting and paperwork (and filing fees) after you arrive to get your green card and/or permission to work.  Just something to consider.