Please help, from UK, would like a k1 visa, b2 temporarily?

[C/S 0]

Hi, this is my first post here. I hope you guys can help...

I met a girl online over 2 years ago and I recently stayed with her for 45 days. She lives in the US and I in the UK. We would like to live together in the US as soon as possible

I read that it could take upto or even more than 12 months to get a K1 visa. This is just not possible for me. I would like to go and be with her as soon as possible and stay as long as possible.

Is it possible to apply for both a K1 and a B2? I would like to apply for the B2 to stay there for 6 months, with full intent to return back to the UK and then return to the US at a later date on a K1 Visa? Can we state this when applying for the B2?

I have savings so I should be able to support myself in the US. And I can live with her for all of the 6 months.

Am I likely to be rejected for a B2?

Does living in the UK mean that there could be a shorter wait time for K1?

Has anybody here ever been unfairly denied a K1 for a genuine relationship, maybe even a UK/US relationship? What is the chance of this happening?

Also, is there some other way for me to be with her in the US besides a B2? She is a student so it isn't possible for her to leave the US.

Thank you in advance for the help. It means so much to me.

[C/S 0]

Also, is it possible for me to go back on a VWP next week? I only returned to the UK 4 days ago.

I don't intend to break any laws or immigration policies or stay there illegally.

[Minya's wife 25]

Hi, this is my first post here. I hope you guys can help...

I met a girl online over 2 years ago and I recently stayed with her for 45 days. She lives in the US and I in the UK. We would like to live together in the US as soon as possible

I read that it could take upto or even more than 12 months to get a K1 visa. This is just not possible for me. I would like to go and be with her as soon as possible and stay as long as possible.

Ahh, the beauty of love! The best advice anyone on here can give you is to learn and practice patience. Even for those that had a relatively short journey, it can seem like eternity. There is no sure-fire way to tell how long it can take, but 12 months seems to be a little excessive. 6-8 months seems to be more accurate.

Is it possible to apply for both a K1 and a B2? I would like to apply for the B2 to stay there for 6 months, with full intent to return back to the UK and then return to the US at a later date on a K1 Visa? Can we state this when applying for the B2?

This is a bit of a tricky thing, because the K-1 is a 'non-immigrant visa with an immigrant intent', so by having an I-129F petition in you're basically declaring your immigrant intent....how then do you prove 'non-immigrant' intent which is necessary for the B-2 tourist visa?

Besides, you have VWP travel...you can use that for trips, and many have traveled back and forth while their visas were processing. Just keep in mind that no matter what visa you have, entrance is never guaranteed...it is always up to the CPB official to grant entry or not. I would certainly wait a little more than 4 days before attempting to come back to visit your fiancee.

I have savings so I should be able to support myself in the US. And I can live with her for all of the 6 months.

Am I likely to be rejected for a B2? There is no way to tell, but in explaining to them why you want a B2, when you can travel on VWP, may give them reason to think twice before issuing a tourist visa.

Does living in the UK mean that there could be a shorter wait time for K1? Not that I know of.

Has anybody here ever been unfairly denied a K1 for a genuine relationship, maybe even a UK/US relationship? What is the chance of this happening? All denials are 'unfair' to the person who gets denied. K-1 visas are relatively straight forward if you have met the burden of proof. You can be denied, sure...but I think there are more approvals than denials....especially in the country you're from.

Also, is there some other way for me to be with her in the US besides a B2? She is a student so it isn't possible for her to leave the US. Wait is she in a year round program....if not then most students here have Christmas and Spring breaks and quite a nice long vacation in the summer. All great times for her to go visitin'

Thank you in advance for the help. It means so much to me.

[C/S 0]

Thank you for your reply!

This is a bit of a tricky thing, because the K-1 is a 'non-immigrant visa with an immigrant intent', so by having an I-129F petition in you're basically declaring your immigrant intent....how then do you prove 'non-immigrant' intent which is necessary for the B-2 tourist visa?

I was hoping they would be compatible as long as I didn't have immigrant intent on that specific trip?. As long as I followed proper procedures and can prove that I don't intend to break any laws or stay illegally I was hoping this would be ok. Maybe I just misunderstood the immigration policies? Is this not how it works?

Anyhow I've decided that I will visit on a VWP instead, to avoid any complications. Has anybody here ever been denied entry on a VWP for going back too soon? And can a K1 affect a VWP since that then declares immigrant intent?

[Minya's wife 25]

Thank you for your reply!

This is a bit of a tricky thing, because the K-1 is a 'non-immigrant visa with an immigrant intent', so by having an I-129F petition in you're basically declaring your immigrant intent....how then do you prove 'non-immigrant' intent which is necessary for the B-2 tourist visa?

I was hoping they would be compatible as long as I didn't have immigrant intent on that specific trip?. As long as I followed proper procedures and can prove that I don't intend to break any laws or stay illegally I was hoping this would be ok. Maybe I just misunderstood the immigration policies? Is this not how it works?

Anyhow I've decided that I will visit on a VWP instead, to avoid any complications. Has anybody here ever been denied entry on a VWP for going back too soon? And can a K1 affect a VWP since that then declares immigrant intent?

Going back after 4 days of returning, too soon....waiting a couple of months, and then going, shouldn't be a problem. The K-1 doesn't affect VWP, because VWP is not a visa...it is a 'privilege' extended to everyone in the UK, you included....there is no application per/se for it...it is a decision that the US has made to grant visa free temporary travel rights to the citizens of your country.

[Usui Takumi 1,562]

I would apply for the B2 first. You might look in to some sort of "packaged US trip" that takes say 4 months or something and use that as the reason. You obviously wouldn't actually take the package. If you use the VWP your going to want to stay away for awhile.

Also, either with the VWP or B2 plan a flight that you know gets a US Immigration check in Dublin...it will save you time and money if do get denied entry for some reason.

[C/S 0]

A packaged trip would cost way too much, whereas I can get a flight for £490 for August 30th with a return in late November. And I can't find any flights that stop in Dublin, but thanks for the suggestion.

Is going back two weeks after returning too soon?

Has anybody had any real experience with returning to the US soon after coming home? I read another post on here of somebody spending 9 months in the US, only returning once every 3 months and staying 8 hours at the UK airport before heading back to the US! I don't plan to do anything that extreme though.

I think I would rather go for upto 90 days than risk being denied a B2 visa or complicating things when I arrive.

Edited August 21, 2009 by fsfsfsfs

[Hugglebuggles 60]

While my visa was being processed my fiance would travel back and forth every 6 weeks or so. I personally never had any problem crossing within that time frame, but a couple days may seem a little suspicious. With that said, there is no law stating you cannot do that, and you are not breaking any rules of travel. Just keep in mind that the decision to let you into the US is completely up to the discretion of the officer at the airport. If he or she feels as though you are trying to circumvent the process and stay illegally they will not let you in. If he or she feels as though you are spending more time in the US then your own country, and thus abandoning your UK residency, they may deny you entry. The burden of prof is on you, so come prepared with evidence that you intend to return to the UK after your visit.

We all know what its like to have inpatient love but its something we all go through. After the process is complete and you can finally be together you'll realize that all the waiting and the stress of the process was more than worth it all. Good luck! I think you'll be ok.

[Minya's wife 25]

I would apply for the B2 first. You might look in to some sort of "packaged US trip" that takes say 4 months or something and use that as the reason. You obviously wouldn't actually take the package. If you use the VWP your going to want to stay away for awhile.

Also, either with the VWP or B2 plan a flight that you know gets a US Immigration check in Dublin...it will save you time and money if do get denied entry for some reason.

This is advocating visa fraud and against VJ's Terms of Service. If you're using a tour package then it can be listed as a reason for application on the tourist visa app...but if once just uses the 'itinerary' to strengthen the tourist visa app, with no intention of booking the tour....that's fraud. Not OK to advocate doing that on this site.

To the OP...people are trying to tell you that being in love and not wanting to spend any time separated from your SO is a feeling all of us have gone through...some for longer periods than others. If you're going to navigage this visa journey without any trouble you have to stop and be a little patient. Repeated consecutive uses of VWP may draw attention of tha CPB official at the airport and you may very well find yourself with a denial at entry, and possibly with a ban from entry...which will very well affect the issuance of your K-1.

You definitely can go back and forth...and as demonstrated by many on this forum, it is rather easily done for those that come from countries enjoying VWP....but (and this is the kicker) you must not be perceived to be using that VWP to circumvent immigration laws and the burden to prove otherwise is always on you, the traveler. So, if you've just left the US 4 days ago and now you're back, that could very well look suspicious and saying "well it's unnaceptable for me to wait the possibly 12 months to get a K-1, I have to be with my loved one" is not a valid excuse as far as they're concerned. They will ship you back to the UK on the next available flight on your carrier and won't let you leave the airport premises. Just please keep all that in mind before you book your next trip back here too soon.

[C/S 0]

I fully understand, and thank you for your posts. What I am still unsure of is this... if they were to know that I fully intended to return to the UK after this trip, would there be no problem in me entering the US? Is the only reason that I am likely to be denied entry if they have suspicions that I intend to illegally stay there on this occasion?

How can I prove that I am not intending to circumvent immigration laws?

Edited August 21, 2009 by fsfsfsfs

[imaisha 1]

No one can tell you that there would be "no problem" entering the US. It is always a gamble, all of the time, even with all of the proof in the world. People have been denied a visit on the VWP even on just their first visit, so leaving such a short time between visits is not helping your case, as everyone else has already said. There are never any guarantees. We like to say that if the immigration officer woke up on the wrong side of the bed you could be denied entry. You seem pretty intent on taking this trip. If you want to try, go for it. You might end up with a great vacation... but you might also just be throwing £490 down the drain.

[canadian_wife 1,831]

Imaisha is correct. You can try and bring STRONG ties to the UK such as a letter of employment stating the expected return date, a lease on an apartment or mortgage for a house, utility bills, etc.

You can bring all the ties in the world showing you intend to return, however, the CBP may also see you are spending too much time in the US and deny you entry. No one here can say yes or no to the strength of your case. I've seen people on here with EXTREMELY strong ties get denied, but then I've seen people with no ties be admitted.

From someone who was denied entry twice, even with considerable ties to Canada, it can, and does, happen

Good luck.

[Usui Takumi 1,562]

I would apply for the B2 first. You might look in to some sort of "packaged US trip" that takes say 4 months or something and use that as the reason. You obviously wouldn't actually take the package. If you use the VWP your going to want to stay away for awhile.

Also, either with the VWP or B2 plan a flight that you know gets a US Immigration check in Dublin...it will save you time and money if do get denied entry for some reason.

This is advocating visa fraud and against VJ's Terms of Service. If you're using a tour package then it can be listed as a reason for application on the tourist visa app...but if once just uses the 'itinerary' to strengthen the tourist visa app, with no intention of booking the tour....that's fraud. Not OK to advocate doing that on this site.

To the OP...people are trying to tell you that being in love and not wanting to spend any time separated from your SO is a feeling all of us have gone through...some for longer periods than others. If you're going to navigage this visa journey without any trouble you have to stop and be a little patient. Repeated consecutive uses of VWP may draw attention of tha CPB official at the airport and you may very well find yourself with a denial at entry, and possibly with a ban from entry...which will very well affect the issuance of your K-1.

You definitely can go back and forth...and as demonstrated by many on this forum, it is rather easily done for those that come from countries enjoying VWP....but (and this is the kicker) you must not be perceived to be using that VWP to circumvent immigration laws and the burden to prove otherwise is always on you, the traveler. So, if you've just left the US 4 days ago and now you're back, that could very well look suspicious and saying "well it's unnaceptable for me to wait the possibly 12 months to get a K-1, I have to be with my loved one" is not a valid excuse as far as they're concerned. They will ship you back to the UK on the next available flight on your carrier and won't let you leave the airport premises. Just please keep all that in mind before you book your next trip back here too soon.

I think your stretching the idea of fraud a bit far here. Itineraries are not set in stone and can change easily. By your definition anyone hoping to get their visa back from the embassy faster by putting an earlier date of travel then they intend on there application is committing fraud...which they are not.

Unless the visa application says "you must stick with your intinary" then no there is nothing fraudulent about it.

Edited August 21, 2009 by lancer1655

[Anh map 2,098]

It would be very beneficial for both you and your intended fiancee to read the guides here on VJ as well as doing some reading in the UK regional forum.

You've received some good info already here with regard to proving your ties to home. Take a look at your ability to demonstrate this to a CBP officer at the US POE.

[Nik+Heather 121]

A packaged trip would cost way too much, whereas I can get a flight for £490 for August 30th with a return in late November. And I can't find any flights that stop in Dublin, but thanks for the suggestion.

Is going back two weeks after returning too soon?

Has anybody had any real experience with returning to the US soon after coming home? I read another post on here of somebody spending 9 months in the US, only returning once every 3 months and staying 8 hours at the UK airport before heading back to the US! I don't plan to do anything that extreme though.

I think I would rather go for upto 90 days than risk being denied a B2 visa or complicating things when I arrive.

I think you read that 3 months 8 hours 3 months etc. in relation to a *business* reason for visit. It's just not the same as a fiance visit, so put that option out of your mind. Yes. People have been turned away for coming back to the US too soon. Two weeks was too soon for one person, and they were put on the next flight back to the UK (it was a UKer, their username escapes me at the moment).

The K1 both makes it more difficult AND easier to enter. On the one hand, if you come in and say, "I'm going to visit my fiance!" they assume immigrant intent. If you follow up with "But I've applied for the K1 visa, and here's my NOA1, and I know how to do this legally!" Many people have then been let in for even as long as 3 months. Nik's secondary immigration interview immediately ended with lots of stamping just after he pulled out the NOA1. He got 3 months.

Actually, I think that maybe this works not so much because the K1 in process shows you know the legal way, but having the petition in the system would make it extremely difficult to adjust status if you "changed your mind", because I'm not sure you can have two petitions at once, and you'd get caught at the AOS state anyway.