To B2 or not to B2

[unavail 0]

So I've filed a I-129F last month, got my NOA1 and waiting for more updates.

I want to have my UK fiancee stay with me here in the US starting in the beginning of august until her K1 interview happens.

From what I understand, the K1 process takes about 5-6 months, and by the time she would arrive in the US (beginning of august) it would already be two months into the process.

I'm debating whether she should go under the VWP (no B2 application fees, interview etc.) and stay for three months, at which the K1 process would have entered its fifth month and likely have her interview in the UK anyway, or whether it's worthwhile to go the B2 route.

I've done some googling and I'm kinda scared about the chances of her getting rejected for the B2 etc. are.

[Inky 1,111]

Its taking around 5 month to just be approved at USCIS right now, quite a few people have gone well over 5 months for the approval.

The process will probably take more than 5-6 months total. 5-6 months is just for the US part of the whole thing.

[Andie 147]

The main issue is that she needs to be able to show proof of ties to the UK. She needs return tickets, a job (which if she is planning to be away for 3months she probably doesn't have), a house or rental agreement etc. It could be tricky establishing that she plans to return even though she obviously she needs to return for her interview. Many others have had this same problem.

[unavail 0]

She does have numerous family in the UK, and she would be staying with them anyway during the times when she will be unable to actually be in the US. So she can provide proof of the means to support herself, and at least show that she has somewhere to return home to in the UK.

She's just graduated college in the UK, I wonder if that would give her any edge. Maybe applications to universities in the UK?

[Andie 147]

I think a shorter length of time staying with you would be more likely. Someone on this site came through no problems within the last couple of days but they were only planning to stay for 2 weeks.

About the University applications... she would not be going ahead with this once she gets the K1 though I'm assuming. It is a difficult time because if the beneficiary is going through the K1 process, they are gradually reducing their ties to their own country, so unless they are working and plan to return to their job after a short stay, it is difficult to prove.

[unavail 0]

Hrrm.. so I see that a VWP would be a more certain path;

However, how long are we talking about (on average) until she actually needs to be in the UK for the medical/interview.

Also, will her applying for a B2 (and possibly being denied) cause her to have a red flag or whatever?

[Andie 147]

Hrrm.. so I see that a VWP would be a more certain path;

However, how long are we talking about (on average) until she actually needs to be in the UK for the medical/interview.

Also, will her applying for a B2 (and possibly being denied) cause her to have a red flag or whatever?

The problem with VWP is that there is still a chance that she could be turned back on arrival in the U.S. I went through a similar situation at the end of 2010 and was held up for 5 hours in immigration. I was eventually allowed in but advised to apply for a B2 next time. It was a very unpleasant experience to say the least. A B2 denial doesn't reflect on your K1.

Your K1 is going through CSC which is likely to be reasonably quick based on current timelines, especially for UK. You could well have your NOA2 in 3 months from the NOA1. I don't know the waiting time for the interview, someone on the UK thread could help with that and may also have had experiences going to the US as you are planning for your fiancee.