Need B-2 Visa to meet requirements of K-1 Visa

[WSteve 0]

I am engaged to a Filipino. In order to obtain a K-1 Fiancee visa, we must show proof that we have met in person at least once in the previous 2 years. We have only met online. We need to meet to make sure we are compatible and that marriage is what we really want and also to meet the requirement for the K-1 Visa. Unfortunately, I am unable to travel, so we had planned for him to visit here. We both understand he must return to the Philippines to obtain the K-1 Visa and are planning on that also. He recently had his application for a B-2 Visa denied because "documentation was insufficient"

I think most likely where we messed up is that he told the interviewer in the embassy in Manila that we are engaged. That seems to be a cause for automatic denial. It also seems to be a "Catch 22" paradoxical conflict with the requirements for the K-1 Visa (the requirement that we have met in person).

He has a notarized letter from his employer saying that he has permission from them to take a leave of absence to travel here and will have a job upon his return. He also has a copy of his bank account statement (although the balance is not that large). He doesn't own any real property (land or house) or have any other assets.His has 2 sisters, a younger brother, and one step-sister in the Philippines. His parent are deceased.

I assume when he reapplies for the B-2, that he shouldn't mention that we are engaged (evidently honesty is NOT the best policy). So, he will just say he wants to visit a friend he met on the internet that has invited him over for Christmas. From what I have read elsewhere, me providing a letter of support for while he is here is a waste of time. Is there any minimum balance in his banking account they might be looking for? The interviewer evidently was also interested if he had an ATM card for his bank account.

Any advice you can offer would be greatly appreciated.

Thanks,

Steve

[Transborderwife 4,666]

They will already know he has an American fiancé as it was mentioned in the previous interview. All he can do is try

[Penguin_ie 5,994]

He must tell the truth- they will have the notes from his previous interview there.

Why can you not visit him? If he gets denied, you may need to try and figure out other options, such as meeting in a third country closer to the USA....

[Hypnos 6,576]

If you have a great reason for not being able to travel, such as a medical condition that prevents you from being able to, then you might - might - be able to obtain a waiver of the meeting in person requirement. They are extremely rare, and difficult to come by; it will depend upon how good your reason is.

[js030802 6]

philippines has one of the highest rates of denial for B1/B2 visa applications in the world just because immigration rates from the philippines is very high. there is no single recipe for success in obtaining tourist visa from the philippines. he can always try to apply again coz it is not illegal to do so but you might just be wasting money. i agree with penguin with regards to meeting up with him. if i may ask, why is not possible for you to fly to meet him up instead of him coming to the US?

[gw68ad78 64]

Yes. They already have knowledge of him having a fiancé. I would save the visa application fee and put that towards you visiting him if it all possible. His chance of getting a visitor's visa is slim to nil. Sorry :-(

[canadian_wife 1,823]

What is the reason that you cannot travel? It may be enough for a waiver

good luck

[aaron2020 11,651]

If honesty is not the best policy, what is? Lying to obtain a visa?

[WSteve 0]

You got me!!! I found a website that talks about reasons for denials. Hold on, I will copy and paste.

Get-acquainted trip to see significant other. Invitations from Americans to their romantic interests often lead to denials. There does not seem to be regard for the stage of the relationship, whether the couple met last week over the Internet or have known each other for years and met each other in the applicant’s home country or in third countries. Usually, little regard is given to the applicant’s ties. There seems to be an assumption that the applicant will do anything to get out of his / her home country; that the American is his / her “ticket out”; and that the parties will marry upon his / her arrival in the States

Sorta means the only way you can satisfy the requirement for the K-1 visa is for the US citizen to make the trip. If they know the alien is engaged, they will just deny the tourist visa.

[Michael and Ganna 104]

He has a notarized letter from his employer saying that he has permission from them to take a leave of absence to travel here and will have a job upon his return. He also has a copy of his bank account statement (although the balance is not that large). He doesn't own any real property (land or house) or have any other assets.His has 2 sisters, a younger brother, and one step-sister in the Philippines. His parent are deceased.

I assume when he reapplies for the B-2, that he shouldn't mention that we are engaged (evidently honesty is NOT the best policy). So, he will just say he wants to visit a friend he met on the internet that has invited him over for Christmas. From what I have read elsewhere, me providing a letter of support for while he is here is a waste of time. Is there any minimum balance in his banking account they might be looking for? The interviewer evidently was also interested if he had an ATM card for his bank account

Actually he did not meet the requirements for a B-2 visa. His ties back to his homeland were not strong enough. A letter from who? saying he has a job. And a few peso's in the bank are not strong ties. I don't think that your relationship was a huge factor in the denial.

We got a B-2 out of Ukraine and were 100% honest about everything. We did not try to deceive by using words like "friend" ......"the truth will always set you free"

[RobRod 12]

In my opinion, the relationship was the reason for the denial.

[Anh map 2,098]

You can't fly, or you can't travel? If he can't get a US visa can he visit Canada or Mexico? Are you able to travel by car, bus, train? While it might be difficult or challenging for you to travel, is it possible?

If you are incarcerated, that isn't a reason that will get a waiver (other members in the past have had similar circumstances).

[Boiler 45,657]

You have to meet, it can be anywhere. More times the better.

How you can be engaged to someone you have never met in a PI context surprise me.

[GJF 5]

I'm not being judgemental at all, just doing a simple exercise of logics:

If you intent to marry someone, it is suposed to be the love of your life.

If you never met that person physically, the reasonable thing would be doing that before the marriage decision.

If you cannot take some time off to visit the person that you think is the love of your life, that is a HUGE red flag.

An immigration official would never aproved a visa to him or her in that situation, not even a tourist visa. The officer wants to see a solid relationship.

Unfortunatelly, USCIS does not have a "Dating Visa". It has a Tourist Visa or a Fiancee Visa. The first is for tourism, the second is for someone that wants to get married. If you are dating or engaged and try to get the Tourist visa you are probably going to be denied, because they know your intentions might be different from the ones that the visa was made for. So your best choice and the reasonable thing to do is applying straight to the K1 visa. But for that it is important that you provide more evidence of your relationship.

The reasonable thing to do if you are really interested is you going there. If your job is that bad that does not allow you 5 days off, consider getting another job.

If you cannot fly all the way there, try to visit some country in between. Met the person, take pictures together.

Edited September 6, 2015 by GJF

[Jawaree 718]

Why would he says you all are engaged, having never met? that info

of course is in their system, he has limited ties in home country with

both parents deceased, all he has is a job & USCIS will dictate that

as getting out by any means necessary....You stated you cannot travel

but don't give a reason wherein maybe someone here could suggest

some kind of solution. If not on papers (parole etc or challenged) try

meeting in Mexico since its harder at times for Phtllipine folks to obtain a

Canadian visa...Please read other threads here on K1.

No judgement look B4 you leap, one have to love before marriage