My fiance has unused and expired K1 visa and in the process of applying B2 visa

[risk13rml 0]

My fiance's K1 visa expired on April 25, 2008 and was never used. He has to finish his projects so he can't come here yet in the US. However, he wants to visit this December through a tourist visa. He applied for a tourist visa last August 2008 and got denied. The interviewer wasn't clear on the reasons for denial but she asked my fiance to come back after a month and re-apply. The only reason we could think of is that the interviewer believed that the money in his dollar account was just borrowed. My fiance showed her his peso bank account statemnt and explained to her that the money was from his peso account. But she was not convinced. There were no any remarks on the slip that she gave to my fiance. Usually, if an applicant is denied for B2 visa, the interviewer will state the reasons in the slip.

Anyway, when he reapply for the B2 visa, will it be a good idea if I write a letter of invitation and another letter explaining why the fiance visa was never used and we have no intent to get married when he visits? Of course, we plan to get married but we have so many things going on right now, so we have no plans on getting married when he gets here. He has enough evidence of his strong ties to the Philippines by showing his contracts. Although, we might re-apply for K1 visa, maybe few months after his visit here in the US. Hopefully, he'll be done with his projects in the Philippines.

What's the best thing to do? Do we have to have something to clearly state that we don't intent to get married while he's on tourist visa? Any help will be greatly appreciated.

[YuAndDan 153]

Having been issued a K-1 is clear indication that there is immigrations intent, it will be hard to get a visitors visa with that intent there. PI is one of the places where they are very critical of visitors visas, and will want very strong evidence proving that the visitor will not attempt to remain in the USA they will want to see very strong ties to PI.

[Old Dominion 26]

Having been issued a K-1 is clear indication that there is immigrations intent, it will be hard to get a visitors visa with that intent there. PI is one of the places where they are very critical of visitors visas, and will want very strong evidence proving that the visitor will not attempt to remain in the USA they will want to see very strong ties to PI.

The Embassy in Manila is among the strictest in the world, denying visitor visas if they have the slightest doubt that the applicant will ever return to the Phils. I'd say it's hopeless to try again.

[jamesNrei 0]

Anyway, when he reapply for the B2 visa, will it be a good idea if I write a letter of invitation and another letter explaining why the fiance visa was never used and we have no intent to get married when he visits?

What's the best thing to do? Do we have to have something to clearly state that we don't intent to get married while he's on tourist visa? Any help will be greatly appreciated.

The letter may help. having it during interview wouldn't hurt. I am just not sure if they will consider the letter? Manila Embassy is More concerned of your fiance's STRONG ties to the Philippines. If he can prove that, he may be lucky enough to have the visa. They are very strict here in the Philippines.

The embassy says: we recommend that you re-apply only if

(1) you have additional information not presented at the interview that supports a claim of non-immigrant status or

(2) your economic or family situation has significantly changed, or

(3) your purpose of travel to the US has changed.

The other concern I have is the embassy has a file of your fiance's K1 petition, they will still consider this during his interview. US Consular Officers must ASSUME that each applicant is an INTENDING IMMIGRANT to the United States. He better bring Solid ground proof that he won't be.(contracts, employment certificate, land titles,back accounts, credit card etc.)

He can always try his luck at the embassy. Hope he will get a nice CO.

[risk13rml 0]

The letter may help. having it during interview wouldn't hurt. I am just not sure if they will consider the letter? Manila Embassy is More concerned of your fiance's STRONG ties to the Philippines. If he can prove that, he may be lucky enough to have the visa. They are very strict here in the Philippines.

only if

(1) you have additional information not presented at the interview that supports a claim of non-immigrant status or

(2) your economic or family situation has significantly changed, or

(3) your purpose of travel to the US has changed.

The other concern I have is the embassy has a file of your fiance's K1 petition, they will still consider this during his interview. US Consular Officers must ASSUME that each applicant is an INTENDING IMMIGRANT to the United States. He better bring Solid ground proof that he won't be.(contracts, employment certificate, land titles,back accounts, credit card etc.)

He can always try his luck at the embassy. Hope he will get a nice CO.

Thanks for the input. The good thing is that he was asked to come back. It's weird because the consular officer did not mark anything on his blue slip. I am not sure what the blue slip is but I guess that's where they document what else is needed. Oh well, thank you for the good luck ;-)

[kaye 0]

For everyone who applied for the B1/B2 visa that got denied the consul always say to re-apply again..they give this colored slip i think blue if they deny you for a tourist visa and yellow or white if you are given a visa. If you really want to try to reapply for a tourist visa there is a big risk because it really depends on the point of view of the consul reviewing the docs on hand and the status of the person applying for a visa, even the mood of the consul. but you can take your chances by sending a letter that you are inviting the person for a visit and try to make a tentative roundtrip airline booking wherein he can write those details in the forms just make sure the visit would be i guess a month. You guys can also indicate in the letter that you don't have plans of getting married yet and the reason why the k1 got expired without using it. but don't keep your hopes up it is really very hard to get a tourist visa.

A friend of mine (together with her sister and dad) had their interview last oct7 for a tourist visa and she was denied. Her dad who was a surgeon was the only person given a visa 10yrs multiple entry and they told her she can reapply gave her a blue slip.

I have a tourist visa since april 2005-2010 but never used it yet....i personally had a chance to go thru the hassle of the interview stuff it was really complicated based on the other people i saw getting interviewed. Good thing i was well travelled and it was supposed to be my 3rd travel to usa to tour and visit relatives, gone to australia,thailand, china, canada and hk. i wasn't given a hard time. They just asked me to show my old passports to check my previous travel abroad. No other docs was asked to present but they asked me about my employment like how much was my salary. They also asked me who was paying for my trip i told them it was my grandmother.

I also applied for a j1 visa dec 2005 and was given one already delivered by delbros had my passport with visa on hand but after a week the embassy called me up (7 of us in the group we were supposed to have our training in a hotel at washington DC) were all asked to go back at the embassy, they got our passports and marked cancelled without prejudice in our j1 visa. They also told us to reapply with giving us a reason that the program was like cheap labor. What the heck it was a training and we were all aware of that (but wasn't cheap labor for us actually good money compared to salary in manila). the company who sponsored us filed a complaint against the consul and we found out that it was the consul's 1st month working at the embassy in manila and that it was his first job, fresh grad from college i think. The company also got a letter of apology from a high positioned consul asking us to reapply again (which the company needs to pay again the application fee, go thru the process again and call for an interview appointment) too bad the company cancelled the program coz it already caused them a lot of money paying to get us in usa for our 18 month training. To bad also for me coz i already made a lot of winter clothes shopping in manila coz it was on sale, packed my clothes coz i was only waiting for my airline ticket. I Will never forget that horrible and traumatizing experience at the embassy.

Got a j1 visa again Oct 2006-May 2008 sponsored by another company and was given a j1 visa this time but i was at the embassy (6am-4pm) the whole day wherein the people i was in the same company left already with approved visas. I think they were doing a thorough background check on my cancelled j1 visa. Good thing i was able to undergo training met a guy and fell in love, he became my boyfriend since april 2007 and we got engaged just this august 2008. I went back to the philippines june 2008 coz my program ended and he went back to the philippines (by the way he is also filipino) to visit me again and proposed and that is the reason why i'm part of this forums. Just wanted to share my experiences at the US embassy in manila....and i'm here again to go thru a process of getting a visa hopefully it would be easy.

[Cham 3]

EEEK I just have to say I would not even bother with the b2 visa and just redo the fiance visa. It will be a HUGE issue with them because of that K1 visa and I really think your fiance was denied BECAUSE of the k1 visa issue.

This will only continue and I can see it being a waste of time, money and heartache to even try it.

Not trying to sound like a meanie and it is none of my beeswax; but why did he not finish up those projects BEFORE the k1 was even started??? Sounds to me like you both wasted all that time and now are missing out on a beautiful life together:(

hope it goes good for you though and will keep you in my thoughts

best wishes

Meri and Kai

[PingLocalHostess 1]

Such a waste.

[Badgerella 5]

When I was denied a B2 visa, first time around, I was told I could come back basically the next day if I wanted to submit more documents to prove my case. (The closest to knowing why I was denied was the fact that the CO did not like the idea of me visiting a friend I met on the Internet. No slips were issued, no explanations told).

When I was denied a B2 visa, second time around, something like 10-14 days after the first interview, they said I couldn't get one because I had no ties to Croatia. (I had more than enough, but that's another story and has been mentioned on this forum more than a trillion times.) I was given a random printed piece of paper not saying anything about my case in particular. I was also told that I could come back whenever I wanted.

When I was denied a B3 visa, third time around, about a month and a half after the first try, I was told I shouldn't have come at all, because it's part of a normal procedure to give it a break, about a year long. The CO at this point did not even consider my case, or look at my documents. The interview took about 2 minutes, plus an additional 5, or so, because I would not leave without getting her to answer some of my questions. Getting those did not help at all, however.

I then waited 10 months and came back with even more ties to Croatia, as well as proof of an ongoing K-1 application which we did not want to hide at any point. So, fourth time around I was told I couldn't travel to the US on a B2 visa because we have a K-1 pending and should just wait it out. Ties to Croatia meant nothing. On top of everything, the CO I talked to nodded when I asked if we should just try to avoid telling the truth because it seemed to me that the more honest you were, the worse it got for you. My fiance managed to have a meeting with the head consul, but that did not help either.

Now we sit and wait, hoping our K-1 won't be treated the same way.

[kaye 0]

My fiance's K1 visa expired on April 25, 2008 and was never used. He has to finish his projects so he can't come here yet in the US. However, he wants to visit this December through a tourist visa. He applied for a tourist visa last August 2008 and got denied. The interviewer wasn't clear on the reasons for denial but she asked my fiance to come back after a month and re-apply. The only reason we could think of is that the interviewer believed that the money in his dollar account was just borrowed. My fiance showed her his peso bank account statemnt and explained to her that the money was from his peso account. But she was not convinced. There were no any remarks on the slip that she gave to my fiance. Usually, if an applicant is denied for B2 visa, the interviewer will state the reasons in the slip.

Anyway, when he reapply for the B2 visa, will it be a good idea if I write a letter of invitation and another letter explaining why the fiance visa was never used and we have no intent to get married when he visits? Of course, we plan to get married but we have so many things going on right now, so we have no plans on getting married when he gets here. He has enough evidence of his strong ties to the Philippines by showing his contracts. Although, we might re-apply for K1 visa, maybe few months after his visit here in the US. Hopefully, he'll be done with his projects in the Philippines.

What's the best thing to do? Do we have to have something to clearly state that we don't intent to get married while he's on tourist visa? Any help will be greatly appreciated.

i accidentally found this at the us embassy manila website

http://manila.usembassy.gov/wwwh3204.html

What if the fiancé(e) must delay their arrival in the U.S.?

The K-1 visa is valid for a maximum of six months. If the visa bearer is unable to leave for the United States immediately and the visa expires, a new one may be issued upon written request to the Embassy and the payment of another application and processing fee of U.S. $500.