Applying B2 visa for child of Fiancée

[S & V 59]

My fiancée already has a B2 visa and visited me last year for holidays.  She left in March to get her son and finish the K1 interview process before Covid took over the world completely.  Unfortunately, the K1 process was halted and she was stuck with her son for 4 months in Russia.  Now we have reunited in Mexico, but there seems to be no clear sign for when K1 processes will begin again in S. Korea.  We thought maybe we could just apply for a B2 visa for her son since we are here and maybe we can wait out Covid in the US.  My congressman has said he might write a letter for us, but that we need something showing we applied and that the Embassy replied that they aren't processing any regular visas so he then can try to write something.  I think at best he can only get us an interview in the Embassy/Consulate.  

 

I just wondered if a B2 for the child is realistic or if there are any negative possibilities that could occur, or if we should just try to get a letter from our congressman to start the K1 and not worry about the B2.  It's a lot more complicated to get everyone to Korea and quarantine and do medical and hope interviews don't get cancelled, etc so we just wanted to try an easier, less expensive route first.

 

Her son is still in elementary school, but everything is online for now.

Edited August 24, 2020 by S & V

[Boiler 45,486]

Not sure where the Congressman comes into this, they are personal friends?

[Lucky2Lucky 2,526]

Your fiancé and her son are in Mexico on a tourist visa? 
Home is... South Korea? 
She would have to apply for a b1/B2 in South Korea then.
However embassies aren’t issuing this visas. The chance of him getting the visa, if they were being processed, seem very slim. There has been clear immigrant intent established, son doesn’t need to be in South Korea for school, the purpose of going to the US is to “wait out Covid” doesn’t really check a box for a tourist visa, and by her flying all over the place it really sounds she has no ties to home. Once they begin processing then she can apply but in my opinion it would be a waste of money. 

[Boiler 45,486]

K1 seems odd choice if you are together.

[Lucky2Lucky 2,526]

20 minutes ago, S & V said:

It's a lot more complicated to get everyone to Korea and quarantine and do medical and hope interviews don't get cancelled, etc so we just wanted to try an easier, less expensive route first.

She will have to go back to Korea regardless though for the medical and interview... I smell a marriage and AOS in the works.. the least expensive route would have been her to stay home and not for you all to stay in a third country presumably paying for a hotel or air bnb.

Edited August 24, 2020 by Luckycuds

[millefleur 5,046]

Wait, is the son also a South Korean citizen? I thought South Koreans didn't require a B-2 to enter the US but could use the VWP?

[Boiler 45,486]

Seems she or they were in South Korea and she went back to Russia where the son was.

[SusieQQQ 11,586]

40 minutes ago, S & V said:

could just apply for a B2 visa for her son since we are here and maybe we can wait out Covid in the US. ...
 

....It's a lot more complicated to get everyone to Korea and quarantine and do medical and hope interviews don't get cancelled, etc so we just wanted to try an easier, less expensive route first.

 

What do you mean by that, use a B visa to enter the US until he can get a visa to stay permanently? If that’s accurate then it is unlikely as that is not the purpose of a B, which is for a temporary stay, not as a bridge to AOS.

If I misunderstood- as you already found out, most places are not using routine B visas anyway. Going back to the home country seems the route to go.

Edited August 24, 2020 by SusieQQQ

[millefleur 5,046]

11 minutes ago, Boiler said:

Seems she or they were in South Korea and she went back to Russia where the son was.

Oh, OK. So it's a Russian citizen who had residency in South Korea, and her son is also Russian but now they're all together in Mexico and thinking about getting the son a B-2 to enter the US but they're all waiting for a K-1....that was a little confusing, but I think I figured it out, ha.

 

Honestly, a B-1/B-2 for a Russian child when the mother is waiting for a K-1? And doing all of this abroad in a foreign country during Covid? Odds do not look good here. I don't know how immigrant intent would be overcome in this situation. Maybe there's a slight chance since the mother already has a B visa? The congressman surely is of no use regarding applying for a B though.

 

I doubt the visa officer would assume the B visa is just to "wait out" Covid in the US but then the mother and son would return to Korea (even though they're actually Russian??) to apply for the K-1/K-2 visas? 🤷 What was the plan for the son the entire time if the mom was living in Korea but the son in Russia? This is a complicated situation, ha.

Edited August 24, 2020 by millefleur

[S & V 59]

40 minutes ago, millefleur said:

Oh, OK. So it's a Russian citizen who had residency in South Korea, and her son is also Russian but now they're all together in Mexico and thinking about getting the son a B-2 to enter the US but they're all waiting for a K-1....that was a little confusing, but I think I figured it out, ha.

 

Honestly, a B-1/B-2 for a Russian child when the mother is waiting for a K-1? And doing all of this abroad in a foreign country during Covid? Odds do not look good here. I don't know how immigrant intent would be overcome in this situation. Maybe there's a slight chance since the mother already has a B visa? The congressman surely is of no use regarding applying for a B though.

 

I doubt the visa officer would assume the B visa is just to "wait out" Covid in the US but then the mother and son would return to Korea (even though they're actually Russian??) to apply for the K-1/K-2 visas? 🤷 What was the plan for the son the entire time if the mom was living in Korea but the son in Russia? This is a complicated situation, ha.

HA!  it is complicated, but I commend you for being the only one to understand and focus on my questions and not worry about other minutia and speculation.  I do think it would be hard to overcome immigrant intent with no clear ties anywhere.  And yes, the only slight chance I thought was maybe because the mother already had a visa and has travelled all over the world to many countries and never violated visa rules.  I'm aware the only possible help a congressman's letter would be for actually processing and getting to the interview, but even that is far from guaranteed.  It's a bit of a conundrum since we were preparing for the K1 to be finishing in March/April so, like many, we are stuck in a weird spot.  I'd hate for more complications, so applying for the B2 may be out.  Trying to push the K1 process through looks to be the route to go.  I'd just hate to get stuck in S. Korea, mainly for work issues since my remote work schedule would be middle of the night over there and i can only stay 90 days at a time vs 180 days here in Mexico.  It's hard to see when all this Covid stuff will be over. 

 

Thanks to all for the discussion

Edited August 24, 2020 by S & V

[millefleur 5,046]

6 minutes ago, S & V said:

I'd hate for more complications, so applying for the B2 may be out. 

You can certainly try for the B for the son (assuming Mexico's consulates are taking tourist visa appointments), but it's just going to come across as odd with the K-1 in the works. Of course a K-1 is a non-immigrant visa, but it's also a dual intent visa which means you can adjust status on it, so it's very iffy here. One can assume the K-1 application was filed not merely to get married in the US, but also to eventually adjust status and stay there. If this was the plan the whole time, probably the B makes little sense as others mentioned above.

 

10 minutes ago, S & V said:

Trying to push the K1 process through looks to be the route to go.  I'd just hate to get stuck in S. Korea, mainly for work issues since my remote work schedule would be middle of the night over there and i can only stay 90 days at a time vs 180 days here in Mexico.  It's hard to see when all this Covid stuff will be over. 

Are you not able to just live apart while waiting for the K-1? I know that it's obviously not ideal but that's essentially what most people have to do. I'm not sure there are a ton of other options right now given Covid throwing a wrench into the works even more. Of course all of you can just wait it out in Mexico (or any country really if you're open to somewhere that everyone can get into) as long as everyone has valid visas, then they could fly back to whichever Embassy they need to and pass the interviews.

[Chancy 6,241]

Normally, B2 visa applicants are eligible to apply at the US embassy only in countries where they have citizenship or long-term residency.  Every embassy considers exceptions though, like emergency cases.  For the US consulates in Mexico, look under "Third-Country Nationals" here: https://mx.usembassy.gov/visas/nonimmigrant-visas/

 

OP, does your fiancee's son have long-term resident status in Mexico?  Or are you hoping the congressman can help to get him an interview despite not being eligible to apply in Mexico?

 

[SalishSea 17,827]

2 hours ago, S & V said:

HA!  it is complicated, but I commend you for being the only one to understand and focus on my questions and not worry about other minutia and speculation.  I do think it would be hard to overcome immigrant intent with no clear ties anywhere.  And yes, the only slight chance I thought was maybe because the mother already had a visa and has travelled all over the world to many countries and never violated visa rules.  I'm aware the only possible help a congressman's letter would be for actually processing and getting to the interview, but even that is far from guaranteed.  It's a bit of a conundrum since we were preparing for the K1 to be finishing in March/April so, like many, we are stuck in a weird spot.  I'd hate for more complications, so applying for the B2 may be out.  Trying to push the K1 process through looks to be the route to go.  I'd just hate to get stuck in S. Korea, mainly for work issues since my remote work schedule would be middle of the night over there and i can only stay 90 days at a time vs 180 days here in Mexico.  It's hard to see when all this Covid stuff will be over. 

 

Thanks to all for the discussion

A congressman cannot "pull strings" and force an embassy to open for a special interview. This isn't the movies.  

 

I'm sure all the people ahead of you in the queue are also tired of waiting.  

[SusieQQQ 11,586]

56 minutes ago, Jorgedig said:

A congressman cannot "pull strings" and force an embassy to open for a special interview. This isn't the movies.  

 

Exactly. If they are not open for routine B visas, then there will need to be an emergency reason to do so (example close family member in the US in very ill health), not just the apparent inconvenience of having the non-USCs having to go back to their country of residence. (Oh wait, maybe this falls under “minutiae”.... )

[jan22 3,053]

20 hours ago, Chancy said:

Normally, B2 visa applicants are eligible to apply at the US embassy only in countries where they have citizenship or long-term residency.  Every embassy considers exceptions though, like emergency cases.  For the US consulates in Mexico, look under "Third-Country Nationals" here: https://mx.usembassy.gov/visas/nonimmigrant-visas/

 

OP, does your fiancee's son have long-term resident status in Mexico?  Or are you hoping the congressman can help to get him an interview despite not being eligible to apply in Mexico?

 

This is not correct -- any individual can choose to apply for a B2 visa in any country in which they are physically present. The chances of getting approved in a country where you do not hold citizenship or residency are severely reduced, however (unless you are applying at an embassy specifically designated to process visas for your nationality when the US does not process visas in your home country).  Our consulates in Canada and Mexico try to discourage too many third country nationals from applying -- especially those already in the US who want a closer place to apply than their home country -- because of workload issues.  

 

It's rather a moot point for the OP right now, as the consulates in Mexico are not processing B visas (and given the state of COVID there, unlikely to be doing so in the near future, IMO).  From the information presented, there is no emergency situation involved in the case; rather, it is a matter of convenience for the most part.  Because of that, there is nothing a Congressional office could do to get a consulate to schedule an emergency interview for the boy, and even less they could do to get them to actually approve/issue the visa.

 

 

Edited August 25, 2020 by jan22