I129F whilst on B2

[Schwez 0]

My USC fiance and I would like to spend some time together in the USA before we begin the K1 visa process.

My last visit to the USA was on a B2 visitor visa with an I94 expiry of October 08.

-I applied for a 6 month extension of stay well before the expiry date and stayed until receiving a denial letter from USCIS in November 08.

-After receiving the denial letter, I departed the USA and returned to my home country (Australia) within 30 days.

I'd like to visit my fiance on a new B2 visa so we can spend Thanksgiving and Christmas together, and so I can help her prepare the I129F packet.

Q1) Will there be problems getting another B2 considering my application for extension on the previous B2 was denied?

Q2) Should I be granted a B2, is there a risk that her I129F petition will be denied based on the fact that I will be in the USA on a B2 visa?

Thanks!

[Bobby+Umit 161]

1. Unknown till you try. Since they had a B-2 before, it may go better 2nd time around. However - is your B-2 visa expired? Your not clear, you mention your I-94, which is not your visa expiration.

Most B-2 visas are good for 10 years.

2. No - there should be no "risk" - but you will be needing to go back to Australia to do the interview. (you do not want to overstay)

[Cuchita 1]

Apply for it and just tell the truth if you expect to come one day for good.

[Schwez 0]

1. Unknown till you try. Since they had a B-2 before, it may go better 2nd time around. However - is your B-2 visa expired? Your not clear, you mention your I-94, which is not your visa expiration.

Most B-2 visas are good for 10 years.

2. No - there should be no "risk" - but you will be needing to go back to Australia to do the interview. (you do not want to overstay)

Thanks Bobby_Umit.

I applied for a 12 month B2 visa which expired Feb 2009. I'm just concerned they will see the denial of extension and not issue me a new B2.

Yes I understand the need to return to Australia for interview and things like medical etc to complete the K1 process. Plus I have a letter from my employer stating a return to my job for the time I'm back in Australia.

[Jauque 1]

My USC fiance and I would like to spend some time together in the USA before we begin the K1 visa process.

My last visit to the USA was on a B2 visitor visa with an I94 expiry of October 08.

-I applied for a 6 month extension of stay well before the expiry date and stayed until receiving a denial letter from USCIS in November 08.

-After receiving the denial letter, I departed the USA and returned to my home country (Australia) within 30 days.

I'd like to visit my fiance on a new B2 visa so we can spend Thanksgiving and Christmas together, and so I can help her prepare the I129F packet.

Q1) Will there be problems getting another B2 considering my application for extension on the previous B2 was denied?

Q2) Should I be granted a B2, is there a risk that her I129F petition will be denied based on the fact that I will be in the USA on a B2 visa?

Thanks!

1) Your chances of getting a B2 will have diminished considerably since you got your last one. Based on

a ) you having a fiance

b ) you having been denied a previous extension, They may not specifically ask you that question but when they ask questions like "have you ever been denied entry or asked to leave", I think not mentioning at that point and having it come up later would be ground for a ban. But I am no expert.

what might help you getting a B2 in the interim would be if you had a NOA1, showing that you are and do intend to follow immigration law generally gets individuals a long way.

2) Absolutly not, that should have no bearing on your I-129f application, I would even use it as proof of a relationship with your significant other.

Edited August 6, 2009 by Jauque

[Schwez 0]

Ok I see. This is somewhat worrying considering our relationship will be placed under considerably more stress not seeing each other for a longer amount of time.

For arguments sake, what might the outcome be should I not mention anything about us being engaged? I do not want to be lying to a CO by any means of course but then we'd both be devastated should the B2 be denied based on my total honesty.

I do have a letter from my employer stating I will be returning to work after the visit, plus I have vehicle ownership papers and my name on a rental lease. Additionally I will have enough money to support myself while I'm in the USA.

Our plan is to spend time together and help her submit the I129F while I'm there, along with some pre-marriage counselling and time with her family etc.

After NOA1 which should come while I'm still on the B2, I'll return to Australia to work, do the medical and consulate interview etc, and return on a K1.

So by all means there will be no intent to stay in the country on a B2. I just hope the CO would be convinced based on the evidence of ties to my home country.

[Jauque 1]

Ok I see. This is somewhat worrying considering our relationship will be placed under considerably more stress not seeing each other for a longer amount of time.

For arguments sake, what might the outcome be should I not mention anything about us being engaged? I do not want to be lying to a CO by any means of course but then we'd both be devastated should the B2 be denied based on my total honesty.

I do have a letter from my employer stating I will be returning to work after the visit, plus I have vehicle ownership papers and my name on a rental lease. Additionally I will have enough money to support myself while I'm in the USA.

Our plan is to spend time together and help her submit the I129F while I'm there, along with some pre-marriage counselling and time with her family etc.

After NOA1 which should come while I'm still on the B2, I'll return to Australia to work, do the medical and consulate interview etc, and return on a K1.

So by all means there will be no intent to stay in the country on a B2. I just hope the CO would be convinced based on the evidence of ties to my home country.

You're not obligated to tell them that you are going to visit your fiance unless they expressly ask you, however complete honesty is always the best way to go. Having strong ties to home is a good place to start, you don't want to get yourself into immigration trouble by looking like a liar.

[Schwez 0]

I just wanted to give you an update! Firstly, thanks for your replies!

I had the visa interview yesterday for my B2 visa at the Sydney consulate. I disclosed everything on the application form, particularly that my fiance is a US citizen, and the purpose of the visit was to visit her and spend time planning a wedding. I also disclosed that my previous B2 visa extension application had been denied. (Why did I disclose this? One of the questions was 'Have you ever been denied a visa or been present in the USA in violation of the law'? The denial of the extension left me out of status therefore I had to answer YES and provide details).

As always with your applications, HONESTY IS THE BEST POLICY! If you disclose everything that you fear MIGHT get you denied, you are far better off than if you were to hold back information. It can return to bite you in the butt later on!

I was asked the following questions by the consular officer:

-What is the purpose of your visit?

-How long do you plan to stay for?

-What does your fiance do for work?

-What do you do for work?

-Are you currently employed?

-Are you able to support yourself for the duration of your stay? (I supplied copies of bank statements going back 2 months)

-When do you plan to get married? (September 2010)

-What is your overall plan for the future?

To the last question, I answered "My fiance and I plan to marry in the USA in September 2010. During this visit, we will file for the I129F. I will then be returning to Australia to attend to my affairs before returning to the USA on a K1 visa around June 2010.

The CO then made it explicity clear that if I'm found to have misrepresented myself in front of a CO today, it could be grounds for a permanent ban on entering the USA. Basically he was warning me not to marry and attempt to change status on this B2.

Finally he smiled, and informed me that the visa was approved and that I'd have it in a few days.

Tell the truth, people! Disclose everything! Do not attempt to hide any facts!

[TBoneTX 45,540]

the visa was approved

Thanks for the detailed update with the good advice, and congratulations, si man!

[Schwez 0]

Update!!

Ok so I thought I'd share my experience at the US POE.

Remember that I'm a B2 holder from Australia, visiting my fiance who is a US Citizen.

I flew into LAX last Sunday morning (18th Oct) and typically, the line for immigration processing was long and snaked its way around the room. Murphy's Law prevailed this morning, especially seeing as I only had an hour and 20min to make my connecting flight to Denver!

On reaching the BPO, I was asked the following questions:

-What is the purpose of your visit? (Spend time with fiance and her family)

-Do you have a return flight? (Showed the officer the paperwork for outgoing flight March 2010)

-Do you have a job? (Not currently. It is seasonal and I have a letter from my employer showing I have a job offer back in Australia for winter 2010)

-That's a long time to stay. Are you planning to change status while you are here? (No)

-Have you been to the USA before? (Yes. Showed him previous B2 visa in passport.)

-Did you apply for an extension? (Yes)

-Was it approved? (No it was denied)

-So you were denied and just left the USA? (Yes that is correct)

-When do you plan to get married? (Sept 2010)

-Will the wedding be held in the USA? (Yes)

He stamped my passport and I94 til April 2010. I was admitted for the full 6 months.

Laura and I were reunited later that day (to her surprise!) after 5 months apart.

Now we begin the K1 fiance visa process together!

[TBoneTX 45,540]

Update!! [...] Now we begin the K1 fiance visa process together!

Thanks for the update, and for serving as living proof that honesty is the best policy, si man!