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Jacque67

Visiting bf at xmas

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I would like to visit my bf at Xmas. I overstayed VWP by 3.5 mths this year and was refused a B2 visa twice. Since then I have applied for a K-1 visa. What are my chances of getting a B2 and when should I apply if I am to visit at Xmas?

0% chances are there since you were refused twice B2 visa, plus your K1 application is under process.


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You have significant red flags which, unless you have money to burn, are probably not worth the time and effort it would take in trying to overcome them.

Wait out the K-1 and move on, would probably be the best choice.


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It is unlikely that you will be granted the visa.


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Sorry, with what you said it sounds like you are not well qualified for a B2 visa, your overstay and clear immigrant intent

Good luck


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August 12, 2008 - petition sent
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February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
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Interview
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I would like to visit my bf at Xmas. I overstayed VWP by 3.5 mths this year and was refused a B2 visa twice. Since then I have applied for a K-1 visa. What are my chances of getting a B2 and when should I apply if I am to visit at Xmas?

I hate to say it but this would have been an easy process if you could still use the VWP. As far as B-2 visas go..

It is difficult to get a B-2 with a pending K-1.

It is very difficult to get a B-2 with two recent denials.

It is extremely difficult to get a B-2 with a recent VWP overstay.

It is near impossible to get a B-2 with all of the above.

Not trying to be mean here, just stating the truth - You won't be entering the US until the K-1 is granted.

Edited by jaejayC

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Oh well. I'm going to give the B2 another shot. Thanks for the advice.

No harm in trying, that's for sure.

Overstay demonstrates you did not follow the rules of that visa. Being refused tourist visa twice is either because you have not demonstrated that you have solid ties to your home country, or due to having bf/fiance in the US.

On a side note - with your overstay, you stayed more than 6 months in the US; longer than a tourist visa(b2) would allow. At a tourist visa interview, they may be looking to see what you have to return to in your home country. When you previously overstayed, how will they know now that you do not have those intentions? Even with a tourist visa, it's up to the CBP officer to let you into the US.

I mean, if you don't mind paying the fees then of course go for it. a tourist visa denial (usually) has no negative effect on your petition.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

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AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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