Do I have realistic prospects for a greencard?

[Adam3030 0]

Hi everyone hope everyone's well during these tough times - just wanted a little advice on my visa dilemma it's quite a long post (not too complex I don't think) so please do excuse me
I can confirm everything written below is 100% honest and I have not fabricated any part of the story in my favour

Just some basic background I am a 26 year old male, born in the UK, I currently own a store in London - which I am heavily invested in (half a million pounds of investment) and business wise it is doing great. I have quite a vast travel history, never any issues with overstaying etc

History with police- I guess my issues start here. I have unfortunately 3 arrests, in the past.
In 2012 (I believe?) I was arrested for a rape allegation (please don't judge me, it was a false allegation by a bitter ex girlfriend immediately after I broke up with her), I was arrested, questioned, and no further action was taken, as it was a crystal clear false allegation.

In 2016 I was arrested on two occasions, for common assault, (again the circumstances were questionable) and as the police could see I'm not a bad guy and both situations weren't entirely my fault as such, on both occasions I was cautioned. So officially I have absolutely 0 criminal convictions. Bare in mind, the assaults were only some pushing and shoving,not violence as such.

In around 2015 or so, I decided I wanted to visit the USA, for a general holiday, I at this point had no ties with anyone in America, while I was planning a trip to America, I got talking with a girl from New York, it was all casual, and we planned on meeting up in America for lunch and she would show me around etc.. For the record, we were just friends and I was not at all travelling to see her at all.

As my first arrest required me to get a visa, I went to the USA embassy and instantly got refused, I think I was around 18/19 years old when I first got refused, I forgot under which section, but it was the one where I had not proven very strong ties to the UK and it wasn't to do with my prior arrests

A few months later, I booked another interview but this time I was more prepared and took with me bank statements etc to show that financially I'm stable over here and well settled. This time I was not instantly refused but I was put on administrative processing, meaning my case would be reviewed, the majority consensus online was that when this is the case, visa is normally granted.

Unfortunately that one was refused a few weeks later  for the same reason, as I didn't show enough ties to the UK

All this point I'd still been talking to the girl from America, and things are getting more serious. So we met once in Pakistan (a country we are both easily able to access)

We then met a second time in Pakistan a year later. One year after that her and her whole family came to visit me in the UK as we plan marriage and a wedding.

As she had travelled out of her country 3 times to meet me at this point I decided to try to apply for an American tourist visa again, so I could now visit her in her country, (this was about 3-4 years after my last refusal). As things had changed since last time I was honest with embassy staff and told them I am visiting my fiance and that the previous times I applied for a visa, it was not for her but things have now changed. I was once again refused for not showing strong enough ties to the UK

We got married 6 months ago in Pakistan when covid restrictions begun to ease off, and she is currently staying with me in the UK on a tourist visa, next month she will be going back home and I will begin her citizenship application process as relocating to America is not an option due to my business here.

Of course I still want to visit her in the states while the visa process is on going and just in general it would be nice to visit her home country with her.

Based on the information above, how likely are my prospects for a green card or tourist visa now that we are married?

Although I do want to visit America, I won't be gutted if I can't, it's a big world and there's many other places to see. But I would appreciate some honest feedback!
Thank you for reading!

[SalishSea 18,064]

8 minutes ago, Adam3030 said:

Hi everyone hope everyone's well during these tough times - just wanted a little advice on my visa dilemma it's quite a long post (not too complex I don't think) so please do excuse me
I can confirm everything written below is 100% honest and I have not fabricated any part of the story in my favour

Just some basic background I am a 26 year old male, born in the UK, I currently own a store in London - which I am heavily invested in (half a million pounds of investment) and business wise it is doing great. I have quite a vast travel history, never any issues with overstaying etc

History with police- I guess my issues start here. I have unfortunately 3 arrests, in the past.
In 2012 (I believe?) I was arrested for a rape allegation (please don't judge me, it was a false allegation by a bitter ex girlfriend immediately after I broke up with her), I was arrested, questioned, and no further action was taken, as it was a crystal clear false allegation.

In 2016 I was arrested on two occasions, for common assault, (again the circumstances were questionable) and as the police could see I'm not a bad guy and both situations weren't entirely my fault as such, on both occasions I was cautioned. So officially I have absolutely 0 criminal convictions. Bare in mind, the assaults were only some pushing and shoving,not violence as such.

In around 2015 or so, I decided I wanted to visit the USA, for a general holiday, I at this point had no ties with anyone in America, while I was planning a trip to America, I got talking with a girl from New York, it was all casual, and we planned on meeting up in America for lunch and she would show me around etc.. For the record, we were just friends and I was not at all travelling to see her at all.

As my first arrest required me to get a visa, I went to the USA embassy and instantly got refused, I think I was around 18/19 years old when I first got refused, I forgot under which section, but it was the one where I had not proven very strong ties to the UK and it wasn't to do with my prior arrests

A few months later, I booked another interview but this time I was more prepared and took with me bank statements etc to show that financially I'm stable over here and well settled. This time I was not instantly refused but I was put on administrative processing, meaning my case would be reviewed, the majority consensus online was that when this is the case, visa is normally granted.

Unfortunately that one was refused a few weeks later  for the same reason, as I didn't show enough ties to the UK

All this point I'd still been talking to the girl from America, and things are getting more serious. So we met once in Pakistan (a country we are both easily able to access)

We then met a second time in Pakistan a year later. One year after that her and her whole family came to visit me in the UK as we plan marriage and a wedding.

As she had travelled out of her country 3 times to meet me at this point I decided to try to apply for an American tourist visa again, so I could now visit her in her country, (this was about 3-4 years after my last refusal). As things had changed since last time I was honest with embassy staff and told them I am visiting my fiance and that the previous times I applied for a visa, it was not for her but things have now changed. I was once again refused for not showing strong enough ties to the UK

We got married 6 months ago in Pakistan when covid restrictions begun to ease off, and she is currently staying with me in the UK on a tourist visa, next month she will be going back home and I will begin her citizenship application process as relocating to America is not an option due to my business here.

Of course I still want to visit her in the states while the visa process is on going and just in general it would be nice to visit her home country with her.

Based on the information above, how likely are my prospects for a green card or tourist visa now that we are married?

Although I do want to visit America, I won't be gutted if I can't, it's a big world and there's many other places to see. But I would appreciate some honest feedback!
Thank you for reading!









 

A green card is for living in the US, not for visiting.

 

I would say that your chances of obtaining a B2 visa are the same as the last attempts.

[Adam3030 0]

Fair enough, does it not increase my chances, that my wife is an American citizen, naturally thought it probably would, somewhat 

[Adam3030 0]

5 minutes ago, Jorgedig said:

A green card is for living in the US, not for visiting.

 

I would say that your chances of obtaining a B2 visa are the same as the last attempts.

Also, is there any harm in trying the B2 visa again? Last refusal was around 2 odd years ago maybe more. 

 

I don't mind trying again as I know my business (which I didn't have last time) is a strong tie to the UK. However I don't want to get blacklisted for too many attempts is that possible? Also would it look bad in my records if I now got a 4 th refusal? If that's the case I'll probably hold off for a few years 

[Crazy Cat 42,032]

7 minutes ago, Adam3030 said:

Fair enough, does it not increase my chances, that my wife is an American citizen, naturally thought it probably would, somewhat 

Having a spouse in the US is a very strong tie....to the US.  It does not help your application for a tourist visa. Of course, you can apply again, but don't expect a different outcome, imo.  When you decide you want to live in the US, then you can look into a spousal visa.  Good luck.

 

Edited June 29, 2021 by Lucky Cat

[Adam3030 0]

35 minutes ago, Lucky Cat said:

Having a spouse in the US is a very strong tie....to the US.  It does not help your application for a tourist visa. Of course, you can apply again, but don't expect a different outcome, imo.  When you decide you want to live in the US, then you can look into a spousal visa.  Good luck.

 

Thanks for your response. Makes sense. Although relocating isn't an option in the foreseeable future, if hypothetically it were, what would then be the chances of an approval on a green card? 

[Crazy Cat 42,032]

1 minute ago, Adam3030 said:

Thanks for your response. Makes sense. Although relocating isn't an option in the foreseeable future, if hypothetically it were, what would then be the chances of an approval on a green card? 

The lack of strong ties to home country is not a requirement for an immigrant visa.  In addition, previous denials for the lack of ties to home country will not adversely affect the fiance visa or spousal visa process.  

By law, anyone who applies for a tourist visa is presumed to have intent to stay in the US and adjust status. Thus, for a tourist visa, the applicant must overcome that hurdle.  That hurdle does not exist for those seeking an immigrant visa.

[Sparkle Sparkle 914]

I would say you are a good candidate for spousal visa. However, that is if you intend to move your family to the USA.

[Adam3030 0]

2 minutes ago, Lucky Cat said:

The lack of strong ties to home country is not a requirement for an immigrant visa.  In addition, previous denials for the lack of ties to home country will not adversely affect the fiance visa or spousal visa process.  

By law, anyone who applies for a tourist visa is presumed to have intent to stay in the US and adjust status. Thus, for a tourist visa, the applicant must overcome that hurdle.  That hurdle does not exist for those seeking an immigrant visa.

Thanks for your response, in my previous visa interviews, obviously my arrest history was disclosed, however they didn't seem to make any issue out of it, the guy even said on the last interview its not a big deal as there's no actual convictions, can you see these arrests being an issue in the green card process? I do understand your not qualified and it's just general advice.

 

2 minutes ago, Lucky Cat said:

The lack of strong ties to home country is not a requirement for an immigrant visa.  In addition, previous denials for the lack of ties to home country will not adversely affect the fiance visa or spousal visa process.  

By law, anyone who applies for a tourist visa is presumed to have intent to stay in the US and adjust status. Thus, for a tourist visa, the applicant must overcome that hurdle.  That hurdle does not exist for those seeking an immigrant visa.

 

[Adam3030 0]

5 minutes ago, Adam3030 said:

Thanks for your response, in my previous visa interviews, obviously my arrest history was disclosed, however they didn't seem to make any issue out of it, the guy even said on the last interview its not a big deal as there's no actual convictions, can you see these arrests being an issue in the green card process? I do understand your not qualified and it's just general advice.

 

 

Thank you. Maybe one day I will move there if a good business opportunity were to arise, its always good to know where you stand and what your future options are. 

[payxibka 10,047]

2 hours ago, Adam3030 said:

Fair enough, does it not increase my chances, that my wife is an American citizen, naturally thought it probably would, somewhat 

Actually might worsen your chances of a visit visa 

[TBoneTX 45,845]

Thread is moved from the K-1 Case Progress subforum to the "What Visa Do I Need" forum.

[Penguin_ie 5,995]

This is not a cheap or fast option, but we have had  members here who, after being denied a tourist visa, do the spousal visa, move for a short while, then "hand the greencard back", basically proving they COULD have stayed in the USA legally but didn't, and then apply for a B2 again and get approved.  That would be an expensive mulit-year approach to your dilema, though.

[Adam3030 0]

19 minutes ago, Penguin_ie said:

This is not a cheap or fast option, but we have had  members here who, after being denied a tourist visa, do the spousal visa, move for a short while, then "hand the greencard back", basically proving they COULD have stayed in the USA legally but didn't, and then apply for a B2 again and get approved.  That would be an expensive mulit-year approach to your dilema, though.

Haha that's a cheeky loop hole. Based on all the info above including arrests (with no convictions) would you also agree I'm a good candidate for a Greencard? 

[Penguin_ie 5,995]

3 minutes ago, Adam3030 said:

Haha that's a cheeky loop hole. Based on all the info above including arrests (with no convictions) would you also agree I'm a good candidate for a Greencard? 

Yes I would.