Applying for B2 while waiting for K1

[wh930 5]

How likely is it to get a B2 visa after you have applied for K1 visa. We expect the K1 to get denied and want to use B2 to meet in person and then apply for K1 or CR1. Will this work? Thanks!

 

[Letspaintcookies 2,310]

It's not likely but not impossible. Nobody will be able to give you a definite answer so the only way is trying. Your country and gender also plays a role into it unfortunately even tho nobody would give you that in writing but some have it harder, some easier. The fact that you already showed immigrant intent definitely makes it harder.

[slavaskii 886]

Re-reading this a few times, I think I understand what's going on: you applied for K1 without meeting, so it will get denied, and now you're wondering if you should meet in the US with a (prospective) B2 to reapply?

 

I don't think that's a good idea. Firstly, a B2 interview in many parts of the world now will take you months. If you didn't meet, then you have a 100% chance of denial and should find another place to visit now - namely, a country you both can visit. I'm not sure where your beneficiary is from, but there should be several places you both can get to with minimal hassle. At that point, you can reapply with K1 or reconsider the CR1, which many in this forum recommend. My understanding is that K1 times have stabilized, though, so that process is not as frightening as it once was.

 

Apart from the wait, getting the B2 is also no walk in the park. It's not an instant denial; my fiancee got a B2 from a difficult embassy while in a relationship with me and told this directly to the officer while I was waiting outside. This was after two denials, however; I maintain we ultimately got the B2 because we always told the truth and followed the officer's direction after the second denial, which was to come back in a year. 

 

It would be helpful if we knew your beneficiary's country.

[Mike E 11,742]

19 minutes ago, wh930 said:

How likely is it to get a B2 visa after you have applied for K1 visa. We expect the K1 to get denied and want to use B2 to meet in person and then apply for K1 or CR1. Will this work? Thanks!

 

Yes per my reply from your earlier topic, 

your K-1 will be denied.  While it is good you are now trying to address the problem of an in-person meeting, given the history of your case, I see even less chance of the B-2 being approved than the K-1.  
 

Find a third country to meet in, and re-file I-129F or meet several times, marry, and file I-130.  

[Redro 4,611]

Beneficiary is from China:

Wait times for Beijing 2 calender days

Wait times for Guangzhou to 41 days

Wait times for Shanghai closed

Wait times for Shenyang. 2 days

In previous posts OP states their partner cannot leave because they'll lose their job. Not sure what makes traveling to the US easier than traveling to another part of the World. I would investigate going to Dubai if the tourist visa is denied. 

[wh930 5]

3 minutes ago, ROK2USA said:

Beneficiary is from China:

Wait times for Beijing 2 calender days

Wait times for Guangzhou to 41 days

Wait times for Shanghai closed

Wait times for Shenyang. 2 days

In previous posts OP states their partner cannot leave because they'll lose their job. Not sure what makes traveling to the US easier than traveling to another part of the World. I would investigate going to Dubai if the tourist visa is denied. 

We couldn't get the passport in China without K1 approval, which was the reason we used to apply. Just wanted to know if B2 is worth a try, because it might help us get the passport, and she can come to the U.S directly.

[wh930 5]

25 minutes ago, Mike E said:

Yes per my reply from your earlier topic, 

your K-1 will be denied.  While it is good you are now trying to address the problem of an in-person meeting, given the history of your case, I see even less chance of the B-2 being approved than the K-1.  
 

Find a third country to meet in, and re-file I-129F or meet several times, marry, and file I-130.  

Why does it have lower chance than K1? Isn't visiting your finance is very valid reason for tourist visa? And we still plan to apply for marriage visa afterwards.

Edited July 11, 2022 by wh930

[Redro 4,611]

21 minutes ago, wh930 said:

We couldn't get the passport in China without K1 approval, which was the reason we used to apply. Just wanted to know if B2 is worth a try, because it might help us get the passport, and she can come to the U.S directly.

You need a valid passport to apply for a tourist visa to the US.

does your partner currently not have a Chinese passport? 

https://www.ustraveldocs.com/cn/cn-niv-typeb1b2.asp#ApplicationItems

If you apply for a business/tourist visa, you must pay your $160 application fee and submit the following:

• A Nonimmigrant Visa Electronic Application (DS-160) Form. Visit the DS-160 web page for more information about the DS-160.
• A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in your passport, each person desiring a visa must submit an application.
• One (1) 2 x 2 inches (51 x 51 mm) photograph taken within the last six months. This web page has information about the required photo format.
• If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The Department of State's website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is.

In addition to these items, you must present an interview appointment letter confirming that you booked an appointment through this service. You may also bring whatever supporting documents you believe support the information provided to the consular officer.

[JeanneAdil 6,606]

18 minutes ago, wh930 said:

Why does it have lower chance than K1? Isn't visiting your finance is very valid reason for tourist visa? And we still plan to apply for marriage visa afterwards.

Why?

because there are those who came on tourist visa and did AOS to stay which is illegal if planned ahead of time

 

and the CO at a tourist visa interview may assume u will  try this as the K1 petition shows immigrant intent 

if the foreiigner does get tourist visa,  CBP can deny entry for the same reason _

the CBP would see K1 petition has been applied for (or denied) and they assume immigrant intent

[Crazy Cat 42,040]

 

30 minutes ago, wh930 said:

Why does it have lower chance than K1? Isn't visiting your finance is very valid reason for tourist visa? And we still plan to apply for marriage visa afterwards.

The B2 applicant has immigrant intent.......the CO will, almost certainly, imo, see this as an attempt to bypass the legal immigration process.  By law, all B2 applicants are already assumed to have intent to stay in the US.  Overcoming that assumption would be a very tall obstacle, imo.  Good luck on your journey.  Unfortunately, nothing regarding immigration is easy or fast. 

Edited July 11, 2022 by Crazy Cat

[Redro 4,611]

34 minutes ago, wh930 said:

Why does it have lower chance than K1? Isn't visiting your finance is very valid reason for tourist visa? And we still plan to apply for marriage visa afterwards.

 

Your partner will probably be asked about your relationship and a red flag will probably be raised if they explain the situation.

We applied for a K1 but have never met so I'm going to the US to meet this person for the first time... 

Your partner might receive a tourist visa because they're a doctor but they might not because they're traveling to meet someone (they've never met) and they intend to marry. 

Edited July 11, 2022 by ROK2USA

[Mike E 11,742]

33 minutes ago, wh930 said:

Why does it have lower chance than K1? Isn't visiting your finance is very valid reason for tourist visa? And we still plan to apply for marriage visa afterwards.

The consulate processing the B-2 will presume that your fiancé(e) will intend to come to the USA to marry you and adjust status. 

[arken 4,197]

While some people have been able to get the B2 visa while their K1 or I130 was pending, i'd see the opposite in your case.

 

Likely questions

CO: So you have a pending fiance petition

Fiance: Yes

CO: How did you two meet?

Fiance: Oh we never met, that's why i'm applying for this B2 visa to meet him.

CO: But the fiance petition required you two have met.

Fiance: Yes it will likely be denied but we want to meet.

CO: Thank you, you are ineligible for a B2 visa.

 

 

[arken 4,197]

36 minutes ago, ROK2USA said:

 

Your partner will probably be asked about your relationship and a red flag will probably be raised if they explain the situation.

We applied for a K1 but have never met so I'm going to the US to meet this person for the first time... 

Your partner might receive a tourist visa because they're a doctor but they might not because they're traveling to meet someone (they've never met) and they intend to marry. 

I read this only after posting my comment 😁. So yes like this.

[Redro 4,611]

1 minute ago, arken said:

I read this only after posting my comment 😁. So yes like this.

I liked your dialogue. 

Super simple to understand. 🎉