Applying for a B2 visitors visa, how can I prove intent to return?

[Chaos.Aurora 0]

Hi all,

I just spent 3months on Visa Waiver visiting my Fiance in the USA, I returned Friday 6th August. I have flights to return to America booked for the 6th of October.

I have to apply for a B2 visa as I want to spend my birthday, our anniversary and Christmas with him, I would like have the full 6mths with him if possible.

Going through the application process it says I need to prove intent to return to the UK after visit, I live with my parents, don't have a job (since I have been spending time over in the states), I do have a T-mobile phone contract and also can prove my bank accounts activity.

I visited last year for 4 weeks on the VWP, then waited 6mths and just spent the full allowed time (90 days) from May 10th to Aug 5th in America. We called around and discovered I would be likely turned down to visit again with such a short time between visits on the VWP and that if I already had flights booked then I would have to go via the Visitors Visa.

I want to stay for the full 6mths this time and will possibly be applying for an extension to stay longer so this is our only viable way to get me there =[

I just need to know what I can do in order to be approved in such a small time frame as I really don't want to be pushing my flights back and paying the costs that that incurs. What else can I possibly submit to prove I will be returning?

Also as a side note the affidavit of support that he has to fill out, does he fill it in and then mail it to me for me to submit when I go to the visa interview?

Many thanks

p.s I will be checking back regularly for this question, and adding additional details or questions to any replies =]

[marlea 84]

Just a question... If he is your fiance, and you are trying to spend all this time in the US, and you have very few ties to the UK, why haven't you applied for a fiance visa? I'm only asking because I'm pretty certain the Consular Officer at the Embassy will ask you the same question. From what you are saying, it appears very much like you are trying to get around American immigration laws. You have just admitted that you were in the US for three months and now want to go back for six. That's nine months out of 12 that you have been in the US. There is very little you can do to prove that you are returning to the UK because it is pretty obvious that you aren't living your life in the UK.

Again, I'm just looking at this like a Consular Officer would. You will have a very hard uphill battle to get a Tourist Visa. There have been other people on these boards that have tried similar things, and were refused. I highly suggest looking into a fiance visa.

[Chaos.Aurora 0]

I already have flights booked for October 6th and from what I can gather Fiance visa takes a very long time plus is very expensive. I'm kind of lost with all this Visa process =\

[marlea 84]

Having a flight booked will not sway the consular officer at all. They don't care how many flights you have booked. According to US immigration law, a tourist visa is for tourism only, and not to immigrate to the US. If you want to legitimately move to the US, you have to go through the legal process. It looks very much like you are trying to commit immigration fraud, which, in the most serious cases, can lead to a lifetime ban from the US. Yes, fiance visas can take a while, anywhere from 4-7 or more months, but it is the legal way that you can move to the US. Yes, they are expensive, but that's the price you have to pay.

[Chaos.Aurora 0]

I'll have to apply and get married within 90 days right? That is IF they approve me in the first place, then return to the UK and apply for a spousal visa which is more costs and up to a 9mth wait for approval?

What are the costs and fees of all this?

Is there a step by step guide to that process that doesn't make my head spin >_<

Thanks

[marlea 84]

There is a link at the top of the page -- "Guides" -- which outlines everything. There is a flowchart that outlines every single step. There are any number of threads that outline all this as well. The process can be complicated, but it's what is required.

You cannot apply directly for a fiance visa, your fiance would need to submit a petition, which would be approved, then you would be able to apply. If you got the fiance visa, you would come to the US, have to get married within the first 90 days of being here, then you would apply for adjustment of status while in the US, which would lead to you eventually getting a greencard. No, you would not have to get married, leave the country, then apply for another spousal visa. The whole point of the fiance visa is that you are planning on coming to the US to get married and stay here.

As mentioned previously, people are not allowed to come here on tourist visas and stay forever. People on fiance visas are planning on staying for a very long time. But, there is absolutely no way that you will be able to get a fiance visa before the flight in October. My fiance and I initially applied for his visa back in May, and he will likely get his visa in October or November.

There is too much information regarding fiance visas for just one person on a forum to give you. I highly recommend that you read the guides, read them again, read them a third, fourth, fifth time, then ask questions on the K1 forum.

[Chaos.Aurora 0]

Thanks for your help, much appreciated =]

[Boiler 43,392]

Your chance of a B2 is very low.

A refusal will complicate future VWP entries.

Time for the boyfriend to visit you.

Edited August 11, 2010 by Boiler

[Harsh_77 716]

Yep I agree with all the above post, you are complicating your history for no reason, yes the process is expensive but have to pay the price either today or tommo.

Committing a immigration fraud is a very serious offence.

Just your T-Mobile phone contract is not the gurantee you would return back to your home country.

I feel its time for you to start your legal journey that is getting fiance visa or for your fiance to visit you this time.