k1 approved, gf left, now b2

[hernandof 0]

Hi all, my gf was approved for K1 and came to live with me in the US... as we got closer to 90 days we had two choices, get married or have her return to Russia as she had a job opportunity she didn't want to pass up... this would give her more experience in her field and her job and career path are important to her. She also wanted to study more english and be more prepared for life in the US. She assured me that the B2 would be easy to get, at least from what her boss said (or from what she told me he said). We would then marry when she returned...

The idea sounded fine to me, I wanted her to be happy and do a job she would enjoy and as soon as she met with her new project team and clients she could return (after about 3 months), then work remotely again on the project

I didn't think much about the chances of the B2 as she kept saying her boss new the process, had contacts, and it would not be a problem... so I was ok

It should be noted that originally she applied for a B1 (tourist visa) before we did the K1 and she was denied without a question being asked... at that time she was unemployed, recently divorced, and lived with her parents (this was about a year ago)

But I know now that technically she is not actually employed by her current company... she has no contract with them and works under the table for them. She actually worked remotely for them while here in the US and was paid, at a lesser rate, to do various tasks online (she works in social media). Her boss would deposit money to her Russian bank account (about 30k rubles per month... if in Russia it was about 50k rubles)

She's in her mid 20s, still single, has no assets, savings, or ownership of anything. She has family in Russia but nothing else to tie her to Russia. My research leads me to believe she would need to show why she needs to come here for business (conferences, events, etc). Her Russian company has no American presence, her English is intermediate at best... she thinks she can get this B2 visa and come for 3 months, but I believe she would need to show itineraries of any event attended, money to support her while here, etc.

The more I research, the more it seems her chances of being approved would be slim. Especially considering she was just here on the K1 for 90 days (she left within the proscribed time limit)

She does have many examples of travel overseas without visa issues, i.e. we travelled a lot while waiting for the K1, so she has experience of travel without overstaying any visa

My question is, what are the chances of getting a B2? Even if her company made her an employee today (she left 2 weeks ago) it would show she has only worked there a short time. Again, she is paid very little and has no money saved... she might be able to get a sponsor but I'm not sure of that process. She rents an apartment that costs about half her current wages... she may get a raise after returning but I'm not clear yet if they will make her a permanent employee

Any thoughts on what the B2 chances are, especially given her situation, her recent K1 stay, and the fact that consular officers are by law required to assume any non immigrant applicant is suspect of immigration?

Thanks

[YouAndMeForever 1,022]

I think her chances are very slim but there is no harm in trying. The US Embassy would likely assume that her goal is to come back to the US, stay and adjust status.

Good luck though!

Edited June 2, 2015 by YouAndMeForever

[Shauneg 762]

I think her chances are very slim but there is no harm in trying. The US Embassy would likely assume that her goal is to come back to the US, stay and adjust status.

Good luck though!

From the sounds of the story they would be right in thinking that. Which would be denial for the visa...

[KierenHby 897]

Assuming a future with you, best option re-apply K-1, explain prev K at interview. Going by history, B2 options slim\unlikely

[NancyNguyen 1,657]

It seems she loves her job more than you.

[Boiler 43,433]

I could have sworn I have seen the same story recently, I see you joined yesterday, might want to see as someone else has a very similar situation.

She know the process, presumably her employer will be paying for the application so apply and find out. No harm doing so.

You have not mentioned anything positive to support such an application. Not sure backing out on the K1 is good or bad for a B. Probably minor looking at all the other issues.

[hernandof 0]

I could have sworn I have seen the same story recently, I see you joined yesterday, might want to see as someone else has a very similar situation.

She know the process, presumably her employer will be paying for the application so apply and find out. No harm doing so.

You have not mentioned anything positive to support such an application. Not sure backing out on the K1 is good or bad for a B. Probably minor looking at all the other issues.

Yeah, I saw a couple of things, but I think one was where the girl was a scammer or something... I actually saw a reply from you saying she had no chance of getting this visa

In any case, I'm not sure how I could support her application as any support from me would look odd I would presume.

Yes, I think her employer would be able to support her to a degree for fees, but she has no money or other resources. It seems like it would be the same situation as the B1 we tried a year ago. The only difference now is she doesn't live with her parents and she has a source of income, but technically she's been paid under the table and not truly employed, partially I guess as she was here, but if they look at her bank statements they would see she was getting paid or receiving money while here, which might look bad as well

It seems most think there's little chance, but I'm wondering what might give her a better chance?

[hernandof 0]

I should add that we'd like to have a couple of months here on the B2... and I don't know how immigration would view that? I.e. when she comes to the US. I think she would have to show legitimate business reasons and itineraries, and the dollars to support such an extended stay

I just seems like an untenable situation unless we reapply for K1 or something...

[Boiler 43,433]

This was definitely Russia, K1 she left just before the 90 days.

Let her/Employer apply for a B1 if she wants, nothing off your back.

[Boiler 43,433]

Yeah, I saw a couple of things, but I think one was where the girl was a scammer or something... I actually saw a reply from you saying she had no chance of getting this visa

In any case, I'm not sure how I could support her application as any support from me would look odd I would presume.

Yes, I think her employer would be able to support her to a degree for fees, but she has no money or other resources. It seems like it would be the same situation as the B1 we tried a year ago. The only difference now is she doesn't live with her parents and she has a source of income, but technically she's been paid under the table and not truly employed, partially I guess as she was here, but if they look at her bank statements they would see she was getting paid or receiving money while here, which might look bad as well

It seems most think there's little chance, but I'm wondering what might give her a better chance?

When I visited I still got paid.

[hernandof 0]

This was definitely Russia, K1 she left just before the 90 days.

Let her/Employer apply for a B1 if she wants, nothing off your back.

yeah, no visa violation, nothing on me if she applies, just wondering what the chances are of approval given her situation

[Boiler 43,433]

It is not a chance based system, her case as you described it does not look that positive, my guess is that she will be questioned on the K1. Sounds like she used that as a visitor visa just like the other lady.