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Filed: K-1 Visa Country: China
Timeline
Posted

I have tried to read all the FAQ's and info related to a fiancee coming over here on a B-2 (tourist) visa to visit and then returning to her home country

while we wait for the K-1. (she returns to her home country) Keep in mind that we will NOT be getting married here until she returns here (hopefully) on the K-1 visa. This works out well as she is not currently employed and has plenty of time to travel.

Hopefully this will not put the K-1 visa at risk but just wondering if any of you have seen your fiance(e) here in the states via a B-2 visa, she/he has returned to their country while you both wait for the K-1 visa.

Before I attempt this I will contact an Immigration Leech, er I mean Attorney who has had experience in this regard.

Filed: AOS (apr) Country: Croatia
Timeline
Posted

You can travel on a B2 all you want. As long as you have one. And, well, as long as POE people feel like letting you in.

Getting one, or being denied should not affect K-1 at all. Or so people on this forum say. K-1 quite possibly affects B-2, though. If you're willing to mention it. I plan to.

I-129F Sent: Aug 20th 2008

Interview Date: April 8th 2009, 10:30 - APPROVED!

K-1 Visa Received: April 9th 2009

POE: Aug 8th 2009, Minneapolis

Wedding: Aug 28th 2009

-------------------------------------------------------------------

Our I-129f was approved in 107 days from our NOA1 date.

Our I-129f was approved in 114 days from our filing date.

Our case spent 52 days being chewed by NVC.

Our interview took 224 days from your I-129F NOA1 date.

-------------------------------------------------------------------

AOS, AP, EAD filed: Oct 15th 2009

Biometrics: Nov 24th 2009

AP received: Dec 14th 2009

EAD received: Dec 17th 2009

Green Card received: Dec 18th 2009

-------------------------------------------------------------------

http://www.badgerella.com/forum

Filed: Citizen (apr) Country: Guatemala
Timeline
Posted (edited)

I traveled on a B-2 during our K-1 process.

Make sure that your fiance brings all the documents to show at the POE (in case its needed) that she has ties in return to China and will go back home. EVERY visa holder may be denied entry to the US territory if the CBP agents determines that he/she is trying to immigrate permanently, so the burden of the proof is on the side of the visa holder, to convince the CBP agent that she/he is in the States just to visit.

If your fiance does not have a B-2, she could always try to apply for one. There have been several cases of foreign fiances here, who were granted B-2's while waiting for the K-1, me included (in my case it was my third time renewing my tourist visa and had never been denied in the past). But keep in mind that every case is different, and that many others have been denied.

As the previous poster said, the approval or denial of the B-2 has no effect on the K-1-

Edited by eric_and_teresa

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Filed: K-1 Visa Country: China
Timeline
Posted
I traveled on a B-2 during our K-1 process.

Make sure that your fiance brings all the documents to show at the POE (in case its needed) that she has ties in return to China and will go back home. EVERY visa holder may be denied entry to the US territory if the CBP agents determines that he/she is trying to immigrate permanently, so the burden of the proof is on the side of the visa holder, to convince the CBP agent that she/he is in the States just to visit.

If your fiance does not have a B-2, she could always try to apply for one. There have been several cases of foreign fiances here, who were granted B-2's while waiting for the K-1, me included (in my case it was my third time renewing my tourist visa and had never been denied in the past). But keep in mind that every case is different, and that many others have been denied.

As the previous poster said, the approval or denial of the B-2 has no effect on the K-1-

So, where it asks the question, purpose of visa do you believe it is OK to put in to visit my fiance? I mean it is the absolute truth and sounds

like a great reason to get a tourist visa. She will have many documents that tie her to China.

Filed: AOS (apr) Country: Croatia
Timeline
Posted
So, where it asks the question, purpose of visa do you believe it is OK to put in to visit my fiance? I mean it is the absolute truth and sounds

like a great reason to get a tourist visa. She will have many documents that tie her to China.

That's what I put there. Also, the question where it asks you to mark persons who live in the US, I said 'yes' to fiance. It'll probably just mean even fatter 'NO WAY' when it comes to issuing the B-2 (been denied three times in the past, without a fiance, or anything of the sort, ONLY because COs did their job poorly), but I wanted to be honest and just fight the system that way.

I-129F Sent: Aug 20th 2008

Interview Date: April 8th 2009, 10:30 - APPROVED!

K-1 Visa Received: April 9th 2009

POE: Aug 8th 2009, Minneapolis

Wedding: Aug 28th 2009

-------------------------------------------------------------------

Our I-129f was approved in 107 days from our NOA1 date.

Our I-129f was approved in 114 days from our filing date.

Our case spent 52 days being chewed by NVC.

Our interview took 224 days from your I-129F NOA1 date.

-------------------------------------------------------------------

AOS, AP, EAD filed: Oct 15th 2009

Biometrics: Nov 24th 2009

AP received: Dec 14th 2009

EAD received: Dec 17th 2009

Green Card received: Dec 18th 2009

-------------------------------------------------------------------

http://www.badgerella.com/forum

Filed: K-1 Visa Country: China
Timeline
Posted
So, where it asks the question, purpose of visa do you believe it is OK to put in to visit my fiance? I mean it is the absolute truth and sounds

like a great reason to get a tourist visa. She will have many documents that tie her to China.

That's what I put there. Also, the question where it asks you to mark persons who live in the US, I said 'yes' to fiance. It'll probably just mean even fatter 'NO WAY' when it comes to issuing the B-2 (been denied three times in the past, without a fiance, or anything of the sort, ONLY because COs did their job poorly), but I wanted to be honest and just fight the system that way.

Thanks for your help here. BTW-If the VISA is approved and she enters the USA, in my case Dulles Airport in Washington, is it possible when she goes through customs she may be denied entry? I can't imagine that would happen but..................................

Thanks again for your first hand knowledge here!!!

Filed: AOS (apr) Country: Croatia
Timeline
Posted
Thanks for your help here. BTW-If the VISA is approved and she enters the USA, in my case Dulles Airport in Washington, is it possible when she goes through customs she may be denied entry? I can't imagine that would happen but..................................

Thanks again for your first hand knowledge here!!!

Yes, it's possible, and according to people on this forum, it really does happen.

My first hand knowledge consists of only the fact that I have been denied a tourist visa three times so far and that I will be applying again a week from today. Except for this time I actually have 'visiting my fiance' written down as purpose of my trip. And the person I will fly with, in case they let me, of course, will be my fiance, as well.

Too bad I really doubt I won't get denied, though.

I-129F Sent: Aug 20th 2008

Interview Date: April 8th 2009, 10:30 - APPROVED!

K-1 Visa Received: April 9th 2009

POE: Aug 8th 2009, Minneapolis

Wedding: Aug 28th 2009

-------------------------------------------------------------------

Our I-129f was approved in 107 days from our NOA1 date.

Our I-129f was approved in 114 days from our filing date.

Our case spent 52 days being chewed by NVC.

Our interview took 224 days from your I-129F NOA1 date.

-------------------------------------------------------------------

AOS, AP, EAD filed: Oct 15th 2009

Biometrics: Nov 24th 2009

AP received: Dec 14th 2009

EAD received: Dec 17th 2009

Green Card received: Dec 18th 2009

-------------------------------------------------------------------

http://www.badgerella.com/forum

Posted

I'm wondering, if you state she isn't working right now, how she's going to get a Tourist Visa to come to the USA, particularly if she has a fiance here? Or does she have the visa already?

You might find a lot of answers here:

http://www.candleforlove.com/

carlahmsb4.gif
Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

Yes, she can still be denied at entry if she can not prove she does not have intent to immigrate...even with a valid visa. It's all up to the POE officer.

China is a whole different 'ball game' than many other Consulates. Follow Carla's advice and visit candle for love.

timeline.jpg

Filed: Other Country: China
Timeline
Posted
I'm wondering, if you state she isn't working right now, how she's going to get a Tourist Visa to come to the USA, particularly if she has a fiance here? Or does she have the visa already?

You might find a lot of answers here:

http://www.candleforlove.com/

From China, the chances of a tourist visa being issued to an unemployed fiance of a US Citizen are "none" and "NONE". This is really not an option for a single Chinese woman. If she had a solid business purpose for a visa and was leaving say a child, a couple homes and a million RMB in assets in China, perhaps. Otherwise, this is just a fantasy.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Croatia
Timeline
Posted

I wish I could figure out what applies to Croatian people. The whole system is so random it.. just really makes no sense.

We'll see less than a week, I guess.

I-129F Sent: Aug 20th 2008

Interview Date: April 8th 2009, 10:30 - APPROVED!

K-1 Visa Received: April 9th 2009

POE: Aug 8th 2009, Minneapolis

Wedding: Aug 28th 2009

-------------------------------------------------------------------

Our I-129f was approved in 107 days from our NOA1 date.

Our I-129f was approved in 114 days from our filing date.

Our case spent 52 days being chewed by NVC.

Our interview took 224 days from your I-129F NOA1 date.

-------------------------------------------------------------------

AOS, AP, EAD filed: Oct 15th 2009

Biometrics: Nov 24th 2009

AP received: Dec 14th 2009

EAD received: Dec 17th 2009

Green Card received: Dec 18th 2009

-------------------------------------------------------------------

http://www.badgerella.com/forum

Filed: K-1 Visa Country: China
Timeline
Posted
Linh has two houses and a child and was still denied a b2. That seemed like pretty strong ties to me.

Thank you all for your input. Of course I would provide an affidavit of support to ensure that the plane ticket is paid for and to ensure

that I support her while she is here. I have a friend who did the same thing under the exact same circumstance and his fiancee from China

was approved in Guanzhou and made it through customs here in the states under the B-2 while waiting on the K-1. When she got word

of the interview, she went back to China, had her interview and was approved and they are now both happily married here in the states. I consider

my friend and his fiancee (now wife) extremely lucky.

I can't imagine having the Visa approved in Guanzhou and then being turned away in Customs. It's an equally long flight back to China for her.

(my fiancee)

So, we have decided not to try the B-2 visa and just wait it out. We will see each other again in November, so hopefully that will "charge our

batteries" for whatever wait is sure to come afterwards.

Filed: Other Timeline
Posted
Linh has two houses and a child and was still denied a b2. That seemed like pretty strong ties to me.

Thank you all for your input. Of course I would provide an affidavit of support to ensure that the plane ticket is paid for and to ensure

that I support her while she is here. I have a friend who did the same thing under the exact same circumstance and his fiancee from China

was approved in Guanzhou and made it through customs here in the states under the B-2 while waiting on the K-1. When she got word

of the interview, she went back to China, had her interview and was approved and they are now both happily married here in the states. I consider

my friend and his fiancee (now wife) extremely lucky.

I can't imagine having the Visa approved in Guanzhou and then being turned away in Customs. It's an equally long flight back to China for her.

(my fiancee)

So, we have decided not to try the B-2 visa and just wait it out. We will see each other again in November, so hopefully that will "charge our

batteries" for whatever wait is sure to come afterwards.

Hi there, we are planning to do the same:

My wife has a valid B1/B2 visa and her CR-1 case has been completed on 8-8-08, but we are waiting for the interview date, possibly for October.

I purchased a round-trip ticket from Cairo-Texas-Cairo, so she'll fly and visit me for a few weeks, waiting until she gets her interview date in Egypt.

Good luck to both of you!

Filed: Other Country: China
Timeline
Posted
I wish I could figure out what applies to Croatian people. The whole system is so random it.. just really makes no sense.

We'll see less than a week, I guess.

It's often a mistake to conclude something you don't understand is random. This is one of those cases.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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