K1 Denied. Applying for B1 Tourist Visa instead?

[Nastya_7smile 97]

There are very small chances that your fiancee will be able to get B1 visa as this visa has the highest denial rate, especially if previously denied for the U.S. visa. Consulate officers will see obvious immigration intent looking your case as previously denied for K1 visa. Also, even if she would get it USCIS do not like adjustments from B1 to family based green card. The best advice is to marry outside of the United States and apply for CR-1 visa. It might take longer but is the most right legal way according to your circumstances as i think. 

Edited June 8, 2023 by Nastya_7smile

[Boiler 45,731]

There is nothing to suggest a B1 is relevant 

[ZeUs_XxX 10]

On 5/3/2023 at 9:35 PM, ZeUs_XxX said:

My fiancé and I originally applied for the K1 visa, but we were denied because I didn't visit her within the past two years (COVID and I'm in the military, but I seen her in 2019).

I went to visit her December 2022 and met someone who is also in a Long-Distance Relationship (LDR). He told me that his girlfriend came quickly on a tourist visa because you move the appointment date if someone cancels. I decided to apply for a tourist visa on her behalf in order to get her here quickly. Also, because it's easier for her to travel (self-employed) than it is for me and I own a home and car, so the expenses are cheaper.

Now, she is 22 and just graduated from a Human Resources course. She lives with her parents and has never left the country. How do I prove that she will not immigrate to the US? Below is what I suggested she say.

My family is here, and I plan to get married in Brazil. My fiancé is a Soldier, and I don't want him to get in trouble if I overstay my visa. Also, I plan to live with him one day and get a job. I can't get a job or become a citizen if I overstay my visa. I just miss my fiancé and it's easier for me to visit him, than it is for him to visit me. We plan to get married soon, but that visa will take forever to process so we also want the tourist visa so we can visit each other while a determination is made. I only plan to visit him two-three times a year because I also have a crochet business in Brazil that takes up a lot of my time.

Additional Information: I seen her 2019, and twice in 2022. I will see her next week again making it 4 times total.

For anyone who's curious, it was denied. We get married 5 August, and my contract for the military ends 25 January 2025. Shortly after our marriage, I will process the paperwork for our spousal visa. I'm tracking that this roughly takes 2 years, so my contract will expire one year into the process. I will move to Brazil once my contract expires and move back to the States once the visa gets approved.

 

To everyone who gave me advice without being condescending, thank you. I knew it was a long shot when I applied but it was less than $200 and literally took a month to get an appointment, why wouldn't I try?

 

To everyone who was condescending and rude, you need to touch grass and do some self-reflection. Thank you regardless.

[Lemonslice 4,917]

1 hour ago, ZeUs_XxX said:

For anyone who's curious, it was denied. We get married 5 August, and my contract for the military ends 25 January 2025. Shortly after our marriage, I will process the paperwork for our spousal visa. I'm tracking that this roughly takes 2 years, so my contract will expire one year into the process. I will move to Brazil once my contract expires and move back to the States once the visa gets approved.

 

To everyone who gave me advice without being condescending, thank you. I knew it was a long shot when I applied but it was less than $200 and literally took a month to get an appointment, why wouldn't I try?

 

To everyone who was condescending and rude, you need to touch grass and do some self-reflection. Thank you regardless.

Before moving to Brazil, make sure to prepare for the Affidavit of support (i-864), by reading the instructions very, very, carefully (esp. about current income and domicile requirements).  

Wishing you a smooth journey!

Edited June 18, 2023 by Lemonslice