B1 before the K1

[tlara01 0]

Long time lurker, first time poster. I'm thinking of having my fiancée apply for the B-2 Visa prior to sending off the K1 petition. I know her chances of getting approved for the B-2 are slim, but we have to at least try. Has anyone heard anything about when one uses the I-134 to sponsor someone when applying for a B-2 Visa? It seems like it could go either way here, everyone's situation is so different. It's really hard to find out if you'll be approved for the B-2 unless you try.

What's interesting is that it doesn't look like the US Government uses very good logic. For a K1 Visa the foreign fiancé/fiancée is making a huge life long commitment, not just to their lover but to their new country, doesn't it make sense that they should at least be allowed to visit prior to making such a huge commitment? I know it may completely blow our chances of getting my fiancée her B-2 Visa but I was thinking of mentioning (or rather having her mention) the possibility of applying for the K1 if her trip goes well. My logic is this, she does in fact have limited ties to her home country from an outsider’s point of view....not wealthy, younger, home tutors children instead of working a 9-5, lives at home with mom and dad. So I figured that if she mentions that she wants to eventually apply for the K1 she will need to be back in her home country when the time comes to complete her interview in person, medical exam, etc. I think we all know what I'm trying to do here; I'm not the first one that tried. In a perfect world she gets approved for the 6 month B-2, we apply for the K1 the day she sets foot on American soil, she goes back home before the expiration of her B-2 and before the embassy begins to contact her in preparations for her K1 interview. Thus eliminating the long and dreaded wait from the NOA2 to when her embassy contacts her.

Any feedback, opinions, advice is appreciated.

Thanks!

[rickynlucy 0]

It doesn't hurt to try for a visitors visa. Unfortunately, when she mentions the fiance visa they will likely instead see the engagement as a reason for her to stay and adjust status in the US without returning. I see your logic, unfortunately, the immigration system seems to lack logic.

[estrella 14]

I guess as you say it all depends in the luck she gets. I got my turist visa for 10 years, after being married with my husband with no problems but it was so I could visit him before his deployment training so that could have helped, also I was working and studying at the time so there was no doubt that I had to come back, since then I came and went like 4 times as a turist before starting our CR1 process.

I'm here in the States now as a turist waiting to finish our Visa process we spent the 6 months of waiting together thank God, my turist visa is about to expire so we are planing the trip back to Mexico to either just go to the interview or wait for the interview date there, it all depends in our luck.

I don't think it would hurt to try, she just has to be honest to avoid getting in trouble.

The best of lucks

[Scott & LC 3]

heya i'm from Malaysia too Anyways, I did try applying for B2 tourist visa 2 years ago, it wasn't successful. Well, the officer had every reason to say no to me. That's coz I had no ties with my home country at all at that time (i.e. no job, already out of school, no car payments, etc) so apparently I seemed like a threat to go to the US and never leave the country. Anyways, I also had my fiance (boyfriend then) with me during the interview, a bad bad idea.... well anyways, I've never been to the US since then. I was kinda traumatized by the whole incident, just so abrupt how they say no. Well, however it is, there's no harm in trying, I think... it's better to know the truth than just knowing what-ifs.

Anyways, I'm now in the process of K1 visa and my interview's on Thursday! Totally excited

Good luck!

[KimandRuss 0]

In some Countries, it's almost impossible to get a visitor's visa to the US. Even moreso for young ladies with little attachment to their home Country.

It's also important to note that her admittance into the US is not guaranteed because she has a valid visa. If the CBP believes she has immigrant intent (which she clearly does) then she can and will be turned away.

Although your reasoning is well understood, especially by those of us who have been through this, it's not enough reason for the US when it comes to protecting it's borders. Thee only option sometimes is the USC to travel abroad in order to spend time together before making the K-1 commitment.

good luck.

[tlara01 0]

I appreciate all of your replies. The people on this site are great. With this site I now have the confidence to move through the K1 process without an attorney. Both my fiancée and I are figuring that she has a high probability of getting turned down. Again we won't know until she tries. I’d really like to know that we tried. Additionally I think it would be nice for them to eventually see that she at least tried to visit here prior to the K1.

Do you think if I "sponsor" her with the affidavit of support it will help at all? Should I even bother with it? Everything here is legitimate and sincere.

Thanks again everyone,

Tony

[JimVaPhuong 4,863]

I appreciate all of your replies. The people on this site are great. With this site I now have the confidence to move through the K1 process without an attorney. Both my fiancée and I are figuring that she has a high probability of getting turned down. Again we won't know until she tries. I’d really like to know that we tried. Additionally I think it would be nice for them to eventually see that she at least tried to visit here prior to the K1.

Do you think if I "sponsor" her with the affidavit of support it will help at all? Should I even bother with it? Everything here is legitimate and sincere.

Thanks again everyone,

Tony

What you're suggesting would literally scream to the consulate that she is determined to immigrate to the US. You've already stated that she has no strong ties to her home country. Now you want to tell them you'll support her in the US, thereby giving her even more motive to stay.

The consulate doesn't want to see "legitimate and sincere" with a tourist visa. They want to see a thick heavy chain connecting her to her home country. Save "legitimate and sincere" for the K1 visa interview.

Your rifle is loaded with good intentions, and it's aimed squarely at your foot.