applying for visitor visa, couldn't get married after 90days (title edited)

[yorisola 0]

My fiancée filed a k1 visa for me and it was approved but due to some reason we couldn't get married within the 90days period. I went back to my country the 5th month. However we had a child together and she want me to visit our son during his 2nd year birthday, because I ve already gone back before his first birthday. Can I apply for a visiting visa for my son birthday. Does she need to fill an affidavit of support again? I have paid job, landed properties and a registered company I intends to retire to after retirement.

[Pitaya 2,576]

~Moved from K1 Process to Visitor Visa Forum~

~Inquiry about visitor visa~

(mod hat off)

Welcome to the forum. Your K1 visa was invalidated as soon as you entered the US at your POE. When you voluntarily departed the US and returned to your home country, USCIS likely considered that you abandoned your visa process. There is nothing to file a affidavit of support for.

You can apply for a tourist visa. You will have to prove to the satisfaction of the US consular official at the interviewing US embassy/consulate, that you have significant ties to your home country such that they would return to your home country after their US visit is completed. Such ties could include, property, house ownership, current stable employment, etc. Each visitor visa applicant is presumed to have immigration intent, and must prove that they are not trying to immigrate to the US. A letter from a doctor, any documents from you, or any other invitation-type letter would likely have no positive effect on the visitor visa approval.

You may have a tough time proving that you do not have immigration intent, in light of your K1 visa history.

​Good luck on your immigration journey.

[Boiler 43,381]

Yes you can apply for a visitor visa.

Nothing that she needs to do.

[yorisola 0]

Thanks @pitaya and @boiler for your response. However, can my girlfriend invite me to attend our son's birthday? Also what are the likely requirement to prove that I have a strong tie in my own country. Also what is the likely good answer if am asked why we didn't get married within the specified 90days. we can't begin to discus personal private issues all in the name of visa application bt I need an advice on what to say. Also also I can use her house address as the place Intend to stay during the visit because I can ask her to bring my son to the hotel cs I wanna see him. Pls I need ur advice

[Cody and Daisy 373]

She can invite you sure, but immigration won't care.

Nothing she can do will help you.

You have to do it YOURSELF, you have to apply on your own merits, your own ties to home(Jobs, rent, bills, home ownership etc), your own support.

If asked why you didn't get married.. you have to be HONEST. even if that means telling them your personal business, this isn't high school, they arent going to go spreading it around telling everyone.

No one can advice you on what to say because only you know the truth, and that is what you have to say,

You put where you're going to stay.. as where you're going to stay.

Edited May 5, 2015 by Cody and Daisy

[NigeriaorBust 4,087]

Did you leave the US before the end of the 90 days of the K1 visa or did you overstay ? If you overstayed your chances of getting a visitors visa drop to near 0 . I just read that you did overstay. Almost no chance they will grant a visitors visa for someone with a US born child and a history of overstaying prior visas.

Edited May 5, 2015 by NigeriaorBust

[doshi8000 19]

Thanks @pitaya and @boiler for your response. However, can my girlfriend invite me to attend our son's birthday? Also what are the likely requirement to prove that I have a strong tie in my own country. Also what is the likely good answer if am asked why we didn't get married within the specified 90days. we can't begin to discus personal private issues all in the name of visa application bt I need an advice on what to say. Also also I can use her house address as the place Intend to stay during the visit because I can ask her to bring my son to the hotel cs I wanna see him. Pls I need ur advice

bros u will definitely be asked why you dint marry if you don't wanna answer that question dont bother wasting money on visa fees.

but why dint you marry within the stipulated time??

She can invite you sure, but immigration won't care.

Nothing she can do will help you.

You have to do it YOURSELF, you have to apply on your own merits, your own ties to home(Jobs, rent, bills, home ownership etc), your own support.

If asked why you didn't get married.. you have to be HONEST. even if that means telling them your personal business, this isn't high school, they arent going to go spreading it around telling everyone.

No one can advice you on what to say because only you know the truth, and that is what you have to say,

You put where you're going to stay.. as where you're going to stay.

one heavy Budweiser for you man!!!!

[Boiler 43,381]

Just thought of something else, are you up to date on your Child Support Payments, bound to be something they ask.

[onye uwaoma 131]

in legal perspective you have a strong family tie in the USA. Until the divorce is final that's the way it is. Secondly, you have demonstrated the intent to immigrate to the USA when you file the I130 petition. These two factors should have to be considered in the B2 Visa process. Other factors apply.