Jump to content
Sign in to follow this  
RyanPam

B2 Tourist Visa Question

9 posts in this topic

Recommended Posts

Hey,

I'm new here. Firstly, want to thank you folks for this site. It's pretty good there is information around. My questions is this:

I want to apply for a B2 visa to go and see my gf (we need to see each other in order to apply for a K3 fiancee visa and have not met in person). When at the interview, when the interviewer asks me what's the purpose or who I'm going to see, I would mention that I need to go and see my gf for "X" amount of weeks and that I would be returning back to start the K3 visa process and I believe that answer may not be the best answer answer in order to overcome the 'intending immigrant' status. What do you think about this situation? The other option is that she comes here but ideally I want to go see her first, if it is possible.

Here is some background. I have gone through a K3 fiancee visa before (denied, not with her). I have gone to the U.S. on a tourist visa, had an extension to get legal status, then came back. I would be applying from New Delhi.

Some tips/help/advice would be greatly appreciated. Thanks.

Share this post


Link to post
Share on other sites

The fiancee visa is K1, not K3.

What do you have to show ties to India? That's what you really need to overcome immigrant intent.

Having had a prior B2 visa and staying within its limits is something you can present.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

Fiancee Visa is a K1.

If you have already obtained a B2 before then you know the drill.

Having used a B2 and then extended status it is not a positive.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

You are going to have a hard time getting another visitors visa if you (mis)used your last one to enter the country and try to stay. Lying about the reason for your visit is not advised and being honest will almost guarentee that you will be denied. I think that you are best planning on her to visit you first.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites

How long ago was your last visit to the USA and the extension?

When was the failed K1, and why was it denied?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

How long ago was your last visit to the USA and the extension?

When was the failed K1, and why was it denied?

I was a minor, underage when I was in the US, more than 10 years ago. I came back as a minor too. I think the K1 failed because of a lack of funds. I don't remember the reason now. I had gone under a B2 under my father's provision, then converted to F2 status, then returned back after some time. I was just thinking to myself, no point even lying, just be honest and hope and expect for the best, but then I was thinking was there anything else I could do you know?

Share this post


Link to post
Share on other sites

That the B2 was as a minor will work in your favour, but together with the failed K1, it will indeed be difficult to get another visit visa. I think it would depend somewhat on why the K1 failed- if it was indeed lack of funds, it's not so bad but if they doubted you had a bonafide relationship, it would not be good. But, if you have the funds, applying for a tourist visa might be worth a shot- all they can say is "no" and it would not affect a future spousal or fiance visa. But, why can't your girlfriend visit you?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

That the B2 was as a minor will work in your favour, but together with the failed K1, it will indeed be difficult to get another visit visa. I think it would depend somewhat on why the K1 failed- if it was indeed lack of funds, it's not so bad but if they doubted you had a bonafide relationship, it would not be good. But, if you have the funds, applying for a tourist visa might be worth a shot- all they can say is "no" and it would not affect a future spousal or fiance visa. But, why can't your girlfriend visit you?

Understood. Yeah we're working on her visiting first, but just for preference sake we want me to go there first. Let me see which direction we choose.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×