Can my beneficiary apply for B2 visa while waiting for K-1?

[UAtoUS 55]

Hello everyone.

 

I am new to this site and would like your help. I have applied for K-1 visa on August 31 and got our NOA1 on September 7th. We know that we have to wait at least until the end of March 2019 until we get NOA2. She is in Ukraine and I went to visit her twice this year already. And due to my job I can't take any more days off until 6 months from now. 

 

We are thinking to apply for Visitor B-2 visa while we waiting. If she applies right now and gets approved then she can be here in January of 2019 and stay here for a months or so and go back there to prepare her documents needed for the second step for K-1 visa. 

 

Did anyone try this before? Will this influence in any way on K-1 visa if she already was here during the waiting period? I know its pretty small chance that she will get approved for B-1 visa but it is sure worth trying as we would not have to wait more then 8 months before we see each other. But we for sure don't want to risk it getting denied of K-1 visa. 

 

Please help..... Thank you. 

[Ben&Zian 4,398]

3 minutes ago, UAtoUS said:

Hello everyone.

 

I am new to this site and would like your help. I have applied for K-1 visa on August 31 and got our NOA1 on September 7th. We know that we have to wait at least until the end of March 2019 until we get NOA2. She is in Ukraine and I went to visit her twice this year already. And due to my job I can't take any more days off until 6 months from now. 

 

We are thinking to apply for Visitor B-2 visa while we waiting. If she applies right now and gets approved then she can be here in January of 2019 and stay here for a months or so and go back there to prepare her documents needed for the second step for K-1 visa. 

 

Did anyone try this before? Will this influence in any way on K-1 visa if she already was here during the waiting period? I know its pretty small chance that she will get approved for B-1 visa but it is sure worth trying as we would not have to wait more then 8 months before we see each other. But we for sure don't want to risk it getting denied of K-1 visa. 

 

Please help..... Thank you. 

 

Of course. Anyone can apply for a tourist visa during the process. They must qualify on their own merits and be upfront about the I-129f petiton being in process; but that doesn't alone get them denied a tourist visa. A lot of people get to visit during the process.... if denied though... look, a lot of us spent 1+ years apart... it's normal and part of the process...

[Boiler 45,541]

B2, B1 is for Business, often issued as a combo card.

[geowrian 22,337]

Yes they can apply.

 

It is very difficult to get a non-immigrant visa while waiting for a K-1. A K-1 implies immigrant intent. A B-2 requires non-immigrant intent.

It's hard to show that you have strong ties to return home (as required for a B-2) when you will be giving up those ties in the very near future.

But only thing to lose is $160.

[carinap 93]

44 minutes ago, geowrian said:

But only thing to lose is $160.

I read that there's also a possibility of getting turn down at the POE?

How big of a chance that might happen?

Thank you im advance! 

[geowrian 22,337]

1 minute ago, carinap said:

I read that there's also a possibility of getting turn down at the POE?

How big of a chance that might happen?

Thank you im advance! 

Yup, that's true. Only USCs are guaranteed entry.

But a recently squired visa is unlikely to raise scrutiny without other reason to suspect something.

[carinap 93]

1 minute ago, geowrian said:

Yup, that's true. Only USCs are guaranteed entry.

But a recently squired visa is unlikely to raise scrutiny without other reason to suspect something.

I truly hope so. Cause, you know, in that case, we'd lost more than $160.

 

I'm a May filler, plan to obtain visitor visa on November.

Thought maybe by telling them that I am expecting NOA2, medical and interview in the same month or a month from then will help calm down the suspicion. 

[UAtoUS 55]

8 hours ago, geowrian said:

Yes they can apply.

 

It is very difficult to get a non-immigrant visa while waiting for a K-1. A K-1 implies immigrant intent. A B-2 requires non-immigrant intent.

It's hard to show that you have strong ties to return home (as required for a B-2) when you will be giving up those ties in the very near future.

But only thing to lose is $160.

In our case B-2 would be for sure a not-immigrant intent because she must come back to Ukraine to finish her documents and go to interview. There is no point for her to come on B-2 visa and stay. The only intent here is to visit me while we waiting. We are already engaged and awaiting to enter to US through K-1 visa. The only thing that I can see getting denied is they might just say go home and wait your K-1 visa. But as you all know when you in love, a year of separation is way to freaking long when you have a young relationship and you just want to be together. 

 

If I won the lottery this weekend then I would just go there and live in Ukraine after buying half of her city. LOL. 

[Unlockable 7,314]

There is a way for those who have nonimmigrant visa that are in the US to stay and adjust status here without having to go back to there country and wait pout the immigration process separated.

 

So when you say this...

 

3 hours ago, UAtoUS said:

There is no point for her to come on B-2 visa and stay.

The reason for her wanting to come and stay may be because of your comment below...

 

3 hours ago, UAtoUS said:

But as you all know when you in love, a year of separation is way to freaking long when you have a young relationship and you just want to be together. 

And this is why officers ate POE have to be on their toes. They want to be sure that the person really is willing to return home and not come here and say "screw it" and file for AOS because they are tired of waiting.

 

Not saying this is what you intend to do. I am just putting you in the mind of an immigration officer. Not only that, a lot can happen in her time here. We have heard stories of the female finding out she is pregnant right before she is scheduled to leave. This, of course, changed their minds about her going back to her country to wait out the rest of the process.

 

P.S. Nice picture of you two, btw.

Edited October 25, 2018 by NuestraUnion

[carmel34 3,634]

OP,  I would suggest that you search through previous threads here on VJ on this topic.  You will see lots examples of fiancees or fiances, boyfriends and girlfriends both getting B2 visas approved, also many who apply and then are denied.  Also stories of some who received the B2 visa who were then denied entry at POE and had to return to their country of origin.  If you read these threads carefully you will see patterns that will help you decide if this is worth the $160 plus airfare to try.  Some countries are viewed differently because of higher fraud history.  Some are successful because they have very strong ties to their home country such as property owned, job to return to, family obligations, etc.  The only tie you mentioned is "she would have to return for the K1 interview."  If that is her only tie to the Ukraine it will be difficult to get a B2 approval.  So I would recommend if you want to try, and risk the $160 plus airfare that you might lose if denied, that you look for these patterns and try to think like a CO or CBP officer.  Provide evidence of many ties to home country including property owned, family obligations, and job.  Show a return air ticket with only a brief stay (not months and months).  And if she gets a B2, only arrive at POE with "normal" tourist baggage, not everything she owns in five big suitcases.   Good luck with the long wait.  It is emotionally draining, but you can do a lot with video calls and lots of communication.  If your relationship is truly based on mutual love, it will get stronger during the months of waiting.

[UAtoUS 55]

11 minutes ago, carmel34 said:

 And if she gets a B2, only arrive at POE with "normal" tourist baggage, not everything she owns in five big suitcases.  

That is actually a good point that I didn't think about. She has a lot of stuff and we thought that she could bring half of stuff with her if she gets B2 visa and the rest she would bring later. But at this point the stuff doesn't really meter. So we will try to get her at least for a few weeks. Better then nothing. 

 

Also you said something about other posts that are of the same topic. I tried to find and spent like 2 hours trying to find any and didn't. I am new to this site. is there an easy way to search for them? The only way i know is to just read them in a row. LOL. 

[geowrian 22,337]

3 minutes ago, UAtoUS said:

That is actually a good point that I didn't think about. She has a lot of stuff and we thought that she could bring half of stuff with her if she gets B2 visa and the rest she would bring later. But at this point the stuff doesn't really meter. So we will try to get her at least for a few weeks. Better then nothing. 

 

Also you said something about other posts that are of the same topic. I tried to find and spent like 2 hours trying to find any and didn't. I am new to this site. is there an easy way to search for them? The only way i know is to just read them in a row. LOL. 

I'll also add not to carry anything like birth certificates, police certificates, etc. That's a sure-fire way for CBP - if discovered - to suspect immigrant intent.

 

Browse the Tourist Visa forum: https://www.visajourney.com/forums/forum/143-tourist-visas/

[carmel34 3,634]

15 minutes ago, UAtoUS said:

Also you said something about other posts that are of the same topic. I tried to find and spent like 2 hours trying to find any and didn't. I am new to this site. is there an easy way to search for them? The only way i know is to just read them in a row. LOL. 

 

[Ksenia_O 696]

 

There are people there, who successfully got their B1/B2 approval, being already having an immigration petition filed for them. Of course, there are a lot of others, who weren't that lucky. 

It all depends on CO, who will interview your Fiancee .

 

About being turned down at a POE. Sure, denials happen. But unless an individual is carrying 5 suitcases with a stuff for 4 weather seasons, along with pets and sensitive docs like birth certificate and etc,  -  it should be fine.

But definitely it was a great advice to carry just 'normal" luggage, which is usually 1 checked-in and 1 carry-on,  if you really travel just for a vacation time.

 

Anyway, I'd say  there is always a chance  to be approved for B1/B2 visa  and it doesn't hurt tor try -  as geowrian has said it's only $160 to lose. 

 

Maybe some of her stuff could be sent with you next time you are vising? That's what we did  - my husband (then fiancé) had two suitcases  during his last visits. 

 

P.S. Some people are afraid to mention on their  DS-160 who purchased  their tickets. From our experience - on my parents' DS-160s I honestly put  myself as a person, paying for their trip. And it wasn't a problem -  parents got approval at the spot. 

Another example.  Traveling to the US through Amsterdam I was asked to help - there was a guy was from Georgia and he had zero English. He was grilled by Delta Airline stuff, because his tickets were bought by his american relatives, and somehow Delta figured that out. But the guy was trying  to make himself look better, and made a huge mistake, saying he paid for itinerary. Then he was  told they didn't really care who purchased that - the only thing they wanted from him was the truth. Don't know how everything went for the guy, but it didn't look good when I was allowed to leave...

 

So if you are buying the tickets for her (in case her B1/B2 gets approved) - it's not gonna be a problem, they are well aware that for a lot of people the  "across the ocean" tickets  are really barely affordable. Besides, she will  have  to mention your name on DS-160 anyway.

 

Also, it  seems like 14-16 days between estimated dates of arrival and departure improve your chance to be approved, a little bit than a longer length of stay. But it's just my opinion.

 

Good luck and hope everything  will work out for you.

 

Edited October 25, 2018 by Ksenia_O

[Sarah&Facundo 595]

It would definitely be easier if she had applied for B2 BEFORE the K1 but that is in the past. I will say this though. My husband, with his B2 visa, came to visit me twice while waiting for the K1 to finalize. He was never asked a single question about the K1. He even came here WITH his K1 already in the passport and didn't even use it, he just presented his B2. The POE didn't even ask him about it. For extra caution, when he came here with a K1 and B2 at the same time but just wanted to use his B2, he only traveled with a large backpack, not a suitcase, so they wouldn't even believe he was trying to stay beyond his two week trip. If she gets it, just don't look suspicious going through POE haha.