Problem with B2 Visa whilst K1 is pending...

[PBJ 60]

Hello all -

I, the beneficiary, am awaiting medical and interview for K1. File is currently with the London Consulate pending my appointment letter.

I am ineligible for VWP due to a criminal record (two arrests, minor cautions, 12 years ago), all detailed in previous posts. Hence I would like to apply for a B2 in order to visit my fiancé next month.

I called the Consulate this morning. A very helpful and clear gentleman explained that I could not apply for a B2 visa whilst the K1 interview appointment was pending, and that I would need to wait until I have the interview letter in hand.

Has anyone been through anything similar? What are your experiences? Please share any experience/knowledge/opinion of this - i'm pulling my hair out!

I was due to surprise my fiancé with a visit next month but i've had to tell her it is now probably unlikely... she's been crying for hours... this is horrible, and its all my fault.

Sad face.

[Beautifulday 16]

When is your interview gonna take place? You should just wait til you get the fiance visa so you can go to America for good. I mean, is getting an interview taking this long that you want to still visit them as a tourist?

[PBJ 60]

I do not yet have an interview date. My medical is booked for 06 May so i'm projecting the interview to be June.

I have not seen her since February and so of course I want to visit as a tourist if I have the means!

[Beautifulday 16]

I do not yet have an interview date. My medical is booked for 06 May so i'm projecting the interview to be June.

I have not seen her since February and so of course I want to visit as a tourist if I have the means!

OK I see, I'd think that the interview comes pretty much after the medical but I guess each country does it differently.

[PBJ 60]

From what i've read regarding the London Consulate, I can expect to wait around 4 weeks for an interview once my notification of readiness and my medical is complete, whichever comes last. Hence my June projection, hopefully resulting in K1 issuance by July/Aug.

That's assuming my minor criminal transgressions don't trip the whole thing up entirely...

Edited April 28, 2014 by PBJ

[PBJ 60]

I am reading another thread where a K1 filer has queried DoS regarding a B2 visa and was told that the DoS system will (correctly) show as 'intending immigrant' and any B2 filing will be flat denied.

http://www.visajourney.com/forums/topic/257560-touristfiancee-visa-at-the-same-time/

Anyone else had similar experience or have knowledge of this?

[nobbie 105]

I entered the US a couple of time on VWP while my K1 was pending and had no issues, the CBP bloke knew I had a K1 without me telling him so they knew I was an intending immigrant. Not the same as your case as the embassy was not involved but going there as an intending immigrant was not an issue.

[PBJ 60]

Thanks Nobbie. You can see my situation is more complicated since I am ineligible for VWP due to criminal record. I can therefore only enter on a B2 should I wish to visit (and I DO wish - I booked flights for 13 May, before I realised this is problem, so i'm losing those as of this point).

The London Consulate cannot give me a B2 interview appointment since my K1 interview appointment is pending. This is what i've been told today, at least. So it seems I have to wait out the K1 process to its conclusion.

I am reading and Googling everything but I can't seem to find anyone in or who has been in a similar situation, so my stress levels right now are huge.

Edited April 28, 2014 by PBJ

[Hypnos 6,576]

With a K-1 so close to completion your chances of getting a B-2 are slim at best anyway. Perhaps your fiancee could visit you instead.

[PBJ 60]

With a K-1 so close to completion your chances of getting a B-2 are slim at best anyway. Perhaps your fiancee could visit you instead.

Yes, we're discussing this now. Thank you for contributing - makes us feel less alone with this messy part! It was all going so smoothly too!

Baggies eh? Are you a Black Country native by any chance? I'm originally from Walsall, living in London. Walsall > London > Los Angeles is a pretty quirky story to tell people!

[Harpa Timsah 13,258]

The person you talked to was wrong. You absolutely can be approved for a B2 while the K-1 is pending. The likelihood is another matter, but if you have a little money to blow to see the results, you are free to try. If you don't try the likelihood is zero. You visited her before on the VWP?

[PBJ 60]

The person you talked to was wrong. You absolutely can be approved for a B2 while the K-1 is pending. The likelihood is another matter, but if you have a little money to blow to see the results, you are free to try. If you don't try the likelihood is zero. You visited her before on the VWP?

Interesting. The specific advice from the London Embassy was that I could not book a B2 interview whilst my K1 interview appointment was pending. My medical is next week and readiness is done so I expect an interview by early June at the latest.

In any case with the likelihood of getting a B2 whilst in 'immigrant intent' status under the K1 appears low,I am probably looking at a waste of money. All I can think is: my fiancé is worth it.

Yes,I have visited her twice now under VWP although I now realise I have answered those questions incorrectly. I have that to answer for at any visa interview,I imagine.

Edited April 28, 2014 by PBJ

[Harpa Timsah 13,258]

Interesting. The specific advice from the London Embassy was that I could not book a B2 interview whilst my K1 interview appointment was pending.

Well, they told you a flat-out lie.

With the CIMT and the fact that your interview will be here very soon, I might skip it. But you absolutely can try.

[PBJ 60]

Well, they told you a flat-out lie.

With the CIMT and the fact that your interview will be here very soon, I might skip it. But you absolutely can try.

Thank you. Its taken 24 hours of stress, hard research and general overthinking, but I have finally arrived at the same conclusion. I'm going to sit it out for the K1, take the loss on my flights booking, and my fiancé will visit me in London this summer whilst we wait.

Genuine thanks for contributing. This has definitely been the roughest part for us so far... and it was all going so well!

Edited April 28, 2014 by PBJ

[baron555 934]

Yes,I have visited her twice now under VWP although I now realise I have answered those questions incorrectly. I have that to answer for at any visa interview,I imagine.

How could you have visited under the VWP when you in fact have stated you are ineligible for that?