Tourist visa denied b2

[myidentity07 1]

Hi,

I had applied for tourist visa(b2) last year in June to visit my gf in US but it was denied stating that I m a potential immigrant. During the interview they had just asked what I do, how we know each other, where is she from and how we had met. It was supposed to be our first meet, to show my ties I had a job where I had been employed for 3 years. They did not ask for any documents and denied the visa.

We planned again and she visited me instead. We filed for the k-1 visa as we decided we want to spend the future together. I applied for a tourist visa in Feburary 2015 after we had filed the k-1 in January. The k-1 has a longer process and we had wished to spend the Easter holidays together. We were quite confident that the visa will be approved as unlike the first time, as we had already met and also had filed for k-1.

Unfortunately, they denied the visa with the same reason stating I'm a potential immigrant which was a bit hard to digest as I informed during the interview that we have the k-1 filed.

We are currently waiting for the k-1 to be processed but will it advisable to apply for the tourist visa again so we can spend some quality time together.

Will it effect the k-1 process if the tourist visa got denied again or are we just better off waiting for the k-1 to be processed.

Please share your inputs.

[mzemen522 1]

Perhaps you two should marry in India and apply for the IR visa with the I-130 process.

[NancyNguyen 1,657]

Forget about B visas, focus on K-1. Good luck.

[nick@123 2]

The visa officer will most of the times assume you as an intended immigrant if u have strong ties in US.

The fact that you have already applied for k1 will make their inference only stronger, appling k1 is not a positive point for applying a b2 visa.

So you just focus on k1 and when granted you are eligible to go to see ur gf , get married and can apply for adjustment of status

[Boiler 43,361]

Suggest she visits

[myidentity07 1]

The visa officer will most of the times assume you as an intended immigrant if u have strong ties in US.

The fact that you have already applied for k1 will make their inference only stronger, appling k1 is not a positive point for applying a b2 visa.

So you just focus on k1 and when granted you are eligible to go to see ur gf , get married and can apply for adjustment of status

Thanks for your input, the second time I had applied for visa, we had gotten engaged so there was a change in circumstances as they request for. The reason was to spend the eater holidays with my fiancée so was not really sure about the denial when we were going through the right process.

We are waiting for the k-1 to be processed as of now.

[myidentity07 1]

The same scenario had happened with a friend when he had wished to visit his fiancée while their had been filed but his was approved. He did mention about during his tourist visa interview which just makes the denial in my case more confusing.

[canadian_wife 1,785]

Thanks for your input, the second time I had applied for visa, we had gotten engaged so there was a change in circumstances as they request for.

Well, yes and no. It was certainly a change in circumstances but it was in the opposite direction. By filing for the K-1 you are indicating you wish to pursue a future in the United States. This concreted their assumption of immigrant intent.

By 'change in circumstances' I believe they meant ones that would solidify your ties to India, not the US

Good luck

[nick@123 2]

Thanks for your input, the second time I had applied for visa, we had gotten engaged so there was a change in circumstances as they request for. The reason was to spend the eater holidays with my fiancée so was not really sure about the denial when we were going through the right process.

We are waiting for the k-1 to be processed as of now.

The same thing happened to me aswell. I was a conditional green card holder uptill dec 2012 and did not apply for renewal and came back within the validity of card as me and my spouse had certain issues, so we were on and off talking terms till mid of last year when we finally decided to be together again (!we never divorced)

I applied for the tourist visa and they refused me coz i had strong family ties in us which made me the inteded immigrant so my wife again had to file i130 for me this september

So all the best for your k1 journey

[Teddy B 17,251]

Perhaps you two should marry in India and apply for the IR visa with the I-130 process.

Why? This makes no sense with a pending K-1.

Op, unfortunately your soon to be spouse will have to visit you until the K-1 gets approved. Good Luck!

[Avery Cates 1,141]

You can apply for a B-2 again all you want, however with immigrant assumed and a K-1 in the process showing further immigrant intent, it's highly unlikely it'll be approved, and you'll be told to wait for the K-1.

[Darnell 8,478]

Thanks for your input, the second time I had applied for visa, we had gotten engaged so there was a change in circumstances as they request for. The reason was to spend the eater holidays with my fiancée so was not really sure about the denial when we were going through the right process.

We are waiting for the k-1 to be processed as of now.

By law, all tourist visa applications are viewed as 'intending immigrant',

unless and until

you show evidence that you have strong ties to your home country,

overcoming the 'intending immigrant' checklist. I won't like 'the list' here, for the strong ties, suggest you study it yourself.

Now that a K-1 is in play, is very difficult, almost impossible, to get a B-2 visa.

Sure, you could keep applying, but the 'change in circumstances' the Consulate is asking about, is about stronger/higher ties to your home country.

[Eric-Pris 1,602]

You won't get a tourist visa but the US gov't apreciates your donation each time you get denied.

[UnaMexicana 153]

This comment is so bad its almost good, hehe.. but it is true.

I also suggest you continue to pursue your K1 and hopefully soon will be together for good.

You won't get a tourist visa but the US gov't apreciates your donation each time you get denied.

[Cathi 5,607]

Perhaps you two should marry in India and apply for the IR visa with the I-130 process.

why would they do that when they already have a pending K-1?