Visiting while K-1 processing but prior b-2 tourist visa denials

[heithbar11 0]

Hi everyone,

The situation is this. I understand that my fiancee could visit the States while our k-1 is processing but I wanted to get your advice on our chances.

We are a same-sex couple living together in Ukraine. I work here but under the table teaching English so I have no official papers to give to prove my employment. My fiancee works by herself with her mother to make handmade things and they also don't have any official papers showing they have a business though they have participated and can show they take part in exhibitions where they sell their work.

Last year she applied twice for a b-2 tourist visa so she could come to the States with me and finally meet my family over the holidays. At the time, she was a student in her final year, no kids, no property, no real ties except her mother and grandmother who rely on her for the business they have together. When we applied, my parents drafted a letter of support with bank statements saying they would support her financially and that she would be welcome in their home. She was denied anyways due to lack of ties which I can see now.

We filed our I-129F petition yesterday and are starting that process toward marriage. She still has not met a single member of my large family and I have met all of hers since I live in Ukraine where her family is from. It's a pretty strange thing having a fiance who your family hasn't met even though you've been together for years. We want to try again to visit for the holidays but we are not confident of our chances.

Will it be to our advantage or disadvantage that we are filing our I-129F petition? I thought perhaps they would see that we are going the legal route and would perhaps grant us leniency but we all know that's not the way of things usually.

Any advice would be greatly appreciated. Thank you.

Katherine

[NigeriaorBust 4,087]

There is even less chance of her getting a visitors visa now that you have filed. Many of us have gone through not getting our intended to meet the family until they move here. Just a fact of US immigration laws

Edited October 29, 2013 by NigeriaorBust

[aaron2020 11,651]

Applying for the K-1 does not increase her ties to the Ukraine.

If merely applying for a K-1 was a way to get leniency when there was a previous denial for a visitor visa, then everyone would file for it after a denied visitor visa. The K-1 would essentially overcome the lack of ties. That doesn't make sense.

Wanting to come to the US to marry and immigrate here decreases her ties to the Ukraine because the K-1 shows she is willing to leave the Ukraine behind. It does not increase her ties to the Ukraine. The K-1 petition actually shows her decreases ties to the Ukraine.

Edited October 29, 2013 by aaron2020

[heithbar11 0]

Thanks for the input everyone. Glad to get some perspective. Seems we shouldn't waste even more money and hopes on this visa.

[Michael and Ganna 104]

I have a quick question...You mention you teach English under the table in Ukraine.....Are you here legal?