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Japanese Fiance B2 Rejected once under 214b, want to make sure we get it right this time

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Filed: Timeline

Hello I am new here to the fourms but I have a quick question. I am returning to ehe United States frpm Japan soon and I was hoping to get my Fiance (28, a Job as a blogger, doesn't own a house) (we are actually under common law marriage here in Japan but my state doesn't reconize common law marriage) to get an extended B2 Visa for for her for 2 years. We will be both returning to Japan after this period. Unfortunately our first attempt faltered due to lack of evidence of intent to return to Japan. We are now planning our second attempt for the B2 and to prepare for this we have grecieved copies of her family's records such as Jyuminhyo (house register) Koseki (family linage papers) Nozeishoumeishou (House tax records) and papers confirming the net value of the house, bank records (with about $200,000 in total in her amother's account alone), letter from me confirming of her intent and residence at my house in the U.S., letter from her mother (translated) confirming of her daughters intention to return and tht she will provide financial resposibility on the trip. Is there anything I am missing that would get us rejected again? Thank you

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Filed: Other Country: United Kingdom
Timeline

Unfortunately nothing you have listed proves her intent to return.

All she can do is apply and see if she can convince the CO in person.

By the way, B2 visa to stay for 2 years? I'm willing to be corrected but as far as I know that is impossible. A B2 is for tourism and visiting, not for living in the US.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Timeline

2 years is not tourism....nobody 'visits' the US for two years...and all those things you mentioned do not prove her intent to return...bank accounts can be emptied, property sold, and promises have no value.


Letters proclaiming this or that have less value than just about anything,....for the simple reason that they are not legally enforceable and prove nothing.

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Letter from you saying that she is going to stay at your house during that period is going to show her ties to the US and not japan.

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Filed: Timeline

Thanks for the replies. I also have a letter from her family stating that they will be finacially responsible for her during her trip but if the reply above is correct that won't be of much use. I have another question if two years is considered too long would it be better for her Just to us the ESTA to come over and return after the 90 days then continue her trip on a later date, or would it be better to specify a shorter time on the B2 (maybe 6 months) then maybe get an extension then return?

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Filed: Timeline

So you want her to lie about how long she plans to stay in the US, by stating she will stay only a few months but in reality, she plans to stay a lot longer....? Job offers in the future are also worthless...can you spend any of those future dollars (or yen)? No. If you don't take the alleged job, do you wind up in jail or pay a fine? No. Letters mean zilch....anyone can write a letter that proclaims just about anything....anything written in a letter is not enforceable and proves only one thing: somebody sat down at a word processor and wrote something...that's all.

Letter of support = meaningless....no one can force her family to pay for her two year 'vacation.' An I-134 is equally worthless. IF she can be away from her 'job' for two years, why not five? Ten? Forever? What job awards two year paid vacations? If you have no employment, who is going to pay for two years of 'tourism?' You would need $100,000 or more to 'see the sights' of America for that long.

There are a lot of holes and gaps in this request.

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Filed: Timeline

Thanks for the reply. If two years is too long and that we will have to return to Japan earlier so be it. If that is the case what do you think is the besty course of action to take? The real advantage of the B2 over ESTA is the fact that if we wanted to see a few things more or spend some time with my family it is extendable, not tht you have to but the option is still there.

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Filed: Timeline

In order to get a B2, the applicant must convince the CO they will depart the US when they say (not by saying something they want the CO to believe, knowing that what they are saying at the interview is not the truth), that their plans are realistic (a two year 'vacation' without money is not realistic) and that the applicant has compelling reasons to return, not just a pile of letters whose only purpose is to try and lull the CO into a false sense of security.

Ask yourself this simple question: How can you afford to vacation for two years? How can she? (and please, let's not hear about all those relatives who are going to shell out all this money so the two of you can goof off for two years....unless those relatives' names are either Bill Gates or Warren Buffet, they are not going to have the resources to just hand over so casually.

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OP, time to submit fiancee petition I-129f (or get married and file I-130).

With B2 denial she can't use ESTA and highly unlikely she'll get B2 on second go around.

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Naturalization 2010

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Filed: K-1 Visa Country: Wales
Timeline

Applying for another B2 with her prior application on record seems unlikely to produce a positive result.

To use the VWP she would either need an approved ESTA or is she has one now she would need to update it with the visa refusal and see if she gets a positive result.

“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.”

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Filed: Country: Vietnam (no flag)
Timeline

Thaksfor the reply. Yes it will be for tourism we plan on doing a lot traveling during our time over in the states. This might require an extension or two but I hoping this will be approved despite the extended time in the states.

There is a limit of 1 extension at the service's discretion.

There is no way to extend her stay more than once.

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Filed: Country: Vietnam (no flag)
Timeline

Thanks for the replies. I also have a letter from her family stating that they will be finacially responsible for her during her trip but if the reply above is correct that won't be of much use. I have another question if two years is considered too long would it be better for her Just to us the ESTA to come over and return after the 90 days then continue her trip on a later date, or would it be better to specify a shorter time on the B2 (maybe 6 months) then maybe get an extension then return?

No one gets 2 years to visit the US.

No matter how you want to game the system, it's not going to happen.

She can not use ESTA and the VWP with a B2 denial.

The B2 is her only option to visit. Her max time will be 6 months. One extension is possible at the discretion of the service.

What you want is not possible.

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