greek fiance denied tourist visa- what now?

[linzos 0]

Hi, I got engaged in Greece over the summer- my fiance is a Greek citizen and I am a US citizen. He applied for a B-1 tourist visa in November and was denied because he is/was unemployed, and had no viable ties to his home country of Greece. After his rejection, he applied for the visa waiver program via ESTA, but his "order was cancelled" because he had to answer a question stating that he was just denied a visa. So now, the plan is that I am going back to Greece in about three months from now. However, I can only legally stay in Greece for up to 90 days. During my stay, he's going to reapply for the VWP/ESTA in May, because that's 6 months since his rejection for both the B-1 tourist visa and the VWP/ESTA. However, I have a feeling that he will just get denied again. So- I am completely at a loss for what to do. We could get married in Greece (I'd want to wait until after we heard back about the visa waiver program, so not to deter/complicate potential approval). If we do get married there, I know I'd have to apply for a residency permit for Greece, and that's it's own struggle, but what about bringing him to the US?

Is it a better choice to try to get him here as my spouse or as my fiance?

I've read about the I-130, and I've heard about the K-1.

Which one is a better choice in terms of approval?

Should we get married in Greece and try for the I-130?

Or should we wait to get married and try for the K-1 fiance visa?
My concerns about the K-1 are not only the time apart and waiting period, but also- will he get rejected the K-1 because he was denied a B-1?

Also, is the I-130 just a precursor to an immigration visa? Is your spouse allowed to enter the country once your I-130 is approved or do you then have to wait and apply further for an immigration visa? If so, how hard is an immigration visa to get?

And would I have to be living in the US at the time of filing the petition for I-130, or could I do it from Greece?

Sorry this post is so all over the place. I am just so confused and stressed and I know so little about immigration. Please, any guidance and advice at all would be helpful. This process has been heart breaking and I feel like I'm at the edge of a mental breakdown almost every day.

[Ben&Zian 4,398]

You can check here to read up on some of the K-1 information : http://www.visajourney.com/faq/k1faq.htm

Him being denied a B2 visa will have no affect on either of these visas; as long as he did not misrepresent himself or lie on the application; but being denied a tourist visa is very common for a lot of the members on here in VJ.

Each visa has it's own benefits. K-1 is typically quicker to bring your fiance over and get married; but then you have to do the AOS stage which costs extra.

The CR-1(spousal visa) takes a bit longer in time than the K-1; but is overall cheaper and you do not have to do the AOS stage, your fiance would receive their green card upon approval.

You can process either of these visas from abroad if needed; but you have to be able to show domicile in the US as well as be able to financially support your fiance/spouse by providing the affidavit of support form(I-134 for K-1, I-864 for CR-1). the I-134 form require 100% the current poverty line at least in current income. I-186 is 125% poverty line income. You can use a co-sponsor though if you do not make enough, and if the Greece Embassy allows for co-sponors. Some do not for K-1; but most do for CR-1 I believe.

You need to simply look into the information here on VJ about either visa and then determine which one is the best route for you and your SO.

Edited December 17, 2016 by Ben&Zian

[aaron2020 11,651]

Hi, I got engaged in Greece over the summer- my fiance is a Greek citizen and I am a US citizen. He applied for a B-1 tourist visa in November and was denied because he is/was unemployed, and had no viable ties to his home country of Greece. After his rejection, he applied for the visa waiver program via ESTA, but his "order was cancelled" because he had to answer a question stating that he was just denied a visa. So now, the plan is that I am going back to Greece in about three months from now. However, I can only legally stay in Greece for up to 90 days. During my stay, he's going to reapply for the VWP/ESTA in May, because that's 6 months since his rejection for both the B-1 tourist visa and the VWP/ESTA. However, I have a feeling that he will just get denied again. So- I am completely at a loss for what to do. We could get married in Greece (I'd want to wait until after we heard back about the visa waiver program, so not to deter/complicate potential approval). If we do get married there, I know I'd have to apply for a residency permit for Greece, and that's it's own struggle, but what about bringing him to the US?

Is it a better choice to try to get him here as my spouse or as my fiance? Your choice based on where you want to get marry. There are pros and cons to both. Read the comparisons in the Guides on this website.

I've read about the I-130, and I've heard about the K-1.

Which one is a better choice in terms of approval? Both require the same information. Your chances of approval depends on your evidence, not the path you choose. Neither is the better choice in terms of approval.

Should we get married in Greece and try for the I-130? Your choice.

Or should we wait to get married and try for the K-1 fiance visa? Your choice.

My concerns about the K-1 are not only the time apart and waiting period, but also- will he get rejected the K-1 because he was denied a B-1?

Also, is the I-130 just a precursor to an immigration visa? Yes. Is your spouse allowed to enter the country once your I-130 is approved or do you then have to wait and apply further for an immigration visa? Approval of the I-130 is only the first step. There's the Affidavit of Support, visa application, police report, interview, etc. If so, how hard is an immigration visa to get? Not hard.

And would I have to be living in the US at the time of filing the petition for I-130, or could I do it from Greece? At the time of filing, you can live anywhere. To get him a visa, you will need to proof that you have a US domicile or proof that you intend to reestablish one before he enters the US on the visa being requested. There is also a financial requirement where you need either sufficient current income/assets or a Joint Sponsor.

Sorry this post is so all over the place. I am just so confused and stressed and I know so little about immigration. Please, any guidance and advice at all would be helpful. This process has been heart breaking and I feel like I'm at the edge of a mental breakdown almost every day.

Hi,

This is a DIY website. Start with the Guides.

Best of luck.

[KierenHby 899]

couple options..

Petition him for a fiance (K1) visa. Takes about 4-6 months on avg; he gets here, marries within 90 days, files for a green card which is another few months and a few hundred in fees. OR

Get married in Greece, and file i130 petition. Takes him about 10-12 months to get the visa, about 700-800 in fees, but makes him a green card holder as soon as he enters the US.

If you can be apart about 10 mos, option 2 is smoother and overall cheaper; and a higher likely of approval (Bonus: under option 2, he can still try ESTA and visit).

[Dashinka 24,598]

couple options..

Petition him for a fiance (K1) visa. Takes about 4-6 months on avg; he gets here, marries within 90 days, files for a green card which is another few months and a few hundred in fees. OR

Get married in Greece, and file i130 petition. Takes him about 10-12 months to get the visa, about 700-800 in fees, but makes him a green card holder as soon as he enters the US.

If you can be apart about 10 mos, option 2 is smoother and overall cheaper; and a higher likely of approval (Bonus: under option 2, he can still try ESTA and visit).

One point of clarification, the AOS after the K1 visa and marriage is going to be a little over $1200 after this coming Friday, not just a few hundred dollars.

Regardless of the visa you choose to pursue (both have their benefits and drawbacks) Good Luck!

[KierenHby 899]

Several fees go up effective Dec 23, 2016 https://www.uscis.gov/forms/our-fees

[NikLR 13,227]

K1/AOS fees (minus medical and police reports) $2025 (I-129F, DS-160, AOS)

CR1 fees (minus medical and police reports) $1200 (I-130, DS-260, I-864, green card)