Succcessful B2 Visa during K1 Process.

[Rwlaird 18]

Nowhere is there any law saying you cannot be issued a visitor visa with a pending immigrant petition or visa. But the law is very specific in that no non-immigrant visa shall be issued to an applicant with immigrant intent. The law also states that any CO is required to meet the applicant with the presumption that he/she is an intending immigrant, and it is the applicant's burden of proof to show otherwise - to the satisfaction of the CO. "Immigrant intent" really is an oddity in terms of legal definitions as most laws pertain to actual material facts, whereas "immigrant intent" pertains to a person's perceived intent - which is extremely difficult to prove or disprove. COs are required to make a subjective decision as to a person's intent, with the facts provided, in a fairly limited time. Given that countries from which B2 visas are required in order to visit often tend to have higher instances of fraud, coupled with the fact that adjustment of status is a fairly easy process once the immigrant is already in the US, it is very difficult to get rid of that immigrant presumption.This is why nearly all of these cases are denied.

The OP and his fiancée clearly have done their homework, and presented a very well documented application.

Others present well documented and prepared applications so that doesn't seem to be the prime determining factor.

[Girl from Celebes 588]

The inconsistencies are incredible! This system really needs to be reformed! Congrats to these people but this is a prime example of why this process should not come down to such a lottery pertaining to the mode of the embassy staff performing the interview that day.

I could not agree more, you're nailed it.

[Rwlaird 18]

If you've ever been through B-2 visa interview you'll know exactly what are they doing. Those thing you've mentioned above is not actually what they will see during interview. I brought a bunch of papers, credit cards statement, bank statement, property certificate, and a letter from my employee that I have work commitment and will back on time to show them strong ties to my country.

In fact, she asked me if my visit purpose was for an assigment - since I wrote there that I'm a journalist one of newspapers in my country- and I replied back no, I am visiting my boyfriend and she suddenly said US embassy is very strict issuing a visa and put down a refusal paper stating "consider filed petition for K-1 visa". She did not even bother looked my papers at all.

Then US embassy in Jakarta invited me for several occasions and one of those when they were promoting Utah tourism. I told one of their consulars and people from Utah about my big complain. If they really wanted to promote US to another countries they should started to see the applicants papers very carefully and their backgrounds. NOT ONLY what is written on the application but all required documents that they listed. But, hey, there were a lot queue in the line and each applicant only have around 3-5 minutes standing in front of window. So if you're run out of luck then your visa chance is up.

To OP: again, congrats for approval and enjoy the upcoming holiday!

My wife's parents were denied the opportunity -- once in a lifetime opportunity -- to witness the birth of their grandchild.

Edited November 13, 2013 by Rwlaird

[Girl from Celebes 588]

My wife's parents were denied the opportunity -- once in a lifetime opportunity -- to witness the birth of their grandchild.

Oh, sorry to hear that. Yes, it is the most wonderful moment for grandparents but may not for the consulate officers.

[Rwlaird 18]

Oh, sorry to hear that. Yes, it is the most wonderful moment for grandparents but may not for the consulate officers.

The State Department's own Inspector General called such a situation "absurd." Congress really needs to enact reforms to the process to prevent "absurd" situations.

[garfield529 47]

I am sorry for those that have had B2 denials in the past and recently, depending on your country of origin. However, I can tell you that in the past a B2 for an unmarried female from China was extremely difficult, even for in-laws it was tough. I am not sure what is going on diplomatically, but can tell you that they have eased off significantly with many applicants as long as things look in order and no fraud is suspect. My MIL has come to the US three times in the past two years and the process was quite simple and she was given a 6-month stamp each time. Again, I think that it is mainly political.

[SennaBrigante 92]

^ Agreed.

I applied for a tourist visa twice before I got approved. The last time I applied was during a time when the US military was under hot water after a navy ship destroyed coral reefs in one of the protected areas we have here. My circumstances didn't change and I applied just a month later and I got approved. There were more people there who got approved too from what I noticed sitting there waiting for my turn compared to the other 2 times I applied.