B1 visa while waiting for K1(Russia)?

[BigRedCat 36]

I've been looking thru old threads trying to figure this question out but I'm not too sure yet. I was hoping someone can help? 

 

My fiance is currently in Moscow and we are waiting for NOA2 - so it looks like we might have our interview in maybe July. I want to bring her to the US to visit until its time for the K1 interview at which time we will both return to Moscow. Would it be possible for her to apply for B1 tourist visa? She doesn't currently work (lives with her mom) since I support her so I'm concerned that could be an issue with the B1 interview. From my research I know the embassy wants to make sure she will return to Russia - so what is the best way to approach this? Show our I-129F paperwork to show we want her to legally immigrate or not say anything at all about the fiance visa? 

 

Any help would be appreciated as I want to do this asap (I understand there is a 52 day wait for embassy appointment and I want to fly her to the US as soon as I can if possible)

 

Thanks! 

[Ben&Zian 4,398]

9 minutes ago, BigRedCat said:

I've been looking thru old threads trying to figure this question out but I'm not too sure yet. I was hoping someone can help? 

 

My fiance is currently in Moscow and we are waiting for NOA2 - so it looks like we might have our interview in maybe July. I want to bring her to the US to visit until its time for the K1 interview at which time we will both return to Moscow. Would it be possible for her to apply for B1 tourist visa? She doesn't currently work (lives with her mom) since I support her so I'm concerned that could be an issue with the B1 interview. From my research I know the embassy wants to make sure she will return to Russia - so what is the best way to approach this? Show our I-129F paperwork to show we want her to legally immigrate or not say anything at all about the fiance visa? 

 

Any help would be appreciated as I want to do this asap (I understand there is a 52 day wait for embassy appointment and I want to fly her to the US as soon as I can if possible)

 

Thanks! 

 

As you mentioned, her not working and living at home still are big negatives in regards to getting a B2 to the US. Also of course having a fiance in the US, another negative...

 

While being able to show the I-129f is in process and you're doing everything legally, just it being in process is no guarantee of success and you could be trying to use the B2 just to bypass the process.

 

All she can really do is try, doesn't hurt to, just the application/interview fee.

[JSWH 262]

Honestly, I think you would simply waste $160 (B1/2 application fee). While filling her DS160 for visa, your fiancee will be asked whether someone has filed a petition on her behalf. She must answer yes, since you filed 129F already, and it will inevitabely lead to denial. From point of view CO, she showed her immigration intentions already, while to be eligible for B1/2 she needs to proove a lack of thereof. There is a conflict of interests. Her B1/2 will be denied 99,99%, but you can try.

 

Good luck!

Edited April 21, 2017 by JSWH

[Penguin_ie 5,999]

If you have the money, I think it is worth a try; at the very least, it will give her experience of going to the US embassy and having a (shorter) interview. 

[BigRedCat 36]

She has traveled to Italy and Greece since I've filed her petition and had no issue getting a tourist visa, its it only because it is the US? 

 

 

[JSWH 262]

10 minutes ago, BigRedCat said:

She has traveled to Italy and Greece since I've filed her petition and had no issue getting a tourist visa, its it only because it is the US? 

 

 

 

Precisely, those are Schengen countries and have nothing to do with the US. Besides, both Greece and Italy have always been very lenient to Russian citizens in terms of granting tourist visas. 
I would like to point out one more detail you might not be aware of. Right now, it is the "hottest" time at the US Embassy in Moscow due to high volume of applicants, mostly students applying for J-1, but also people who would like to spend their vacations in the US, applying for B1/2. Chances are that if she tries to schedule her interview today, the nearest open appointment may be at the end of May. A friend of mine booked his interview for B1/2 visa a couple of weeks ago, the first possible date was May 3d. 

[BigRedCat 36]

Yes there is currently a 52 day wait for the appointment and they say they process the visa in 2 days. That is fine as I am trying to bring her here to the US for a big event in June. It looks like she won't be approved though according to what you all are saying. We might try anyway just in case. 

[Waffle123 36]

From what I read, it will most likely be denied! Better to wait for her K1 or meet somewhere in Europe/ Russia during the wait.

Although I have seen stories where a tourist visa was granted 🤔 Your fiance will have to be honest and explain the situation to the CO. Be truthful and say why exactly she needs to come (you mentioned a big event?)

Good luck!

Edited April 22, 2017 by Waffle123

[Michael and Ganna 105]

Just my 2 cents here.....She would have had more chance at a B-2 before you filed for a K-1. Now she has intent, it will be difficult to over come.

[geowrian 22,339]

23 hours ago, BigRedCat said:

She has traveled to Italy and Greece since I've filed her petition and had no issue getting a tourist visa, its it only because it is the US?

Well, yes..kinda. The US has pretty strict tourist visa rules compared to many other countries due to high levels of fraud. Russians trying to get visas to visit Italy and Greece isn't considered high risk AFAIK. But the other issue here is she has documented immigrant intent with the US. It's certainly possible to show ties to overcome that and convince the CO and CBP that she won't stay in the US. However, what you've noted indicates she doesn't have those kinds of strong ties so she would likely be denied. The only way to find out is to try, and the only cost in doing so is the application fee....it won't hurt her immigrant visa application.

[Neonred 3,867]

Here is our experience with my step daughter.  After her mother came on K-1 she followed but did not stay and returned to live and study at a university in Russia.  She later tried for a J-1 visa which was denied as they seemed to be concerned she would not return to Russia with her mother living here.  Shortly after that she got a Schengen visa and traveled in Italy and France (on our dime).  We then submitted the I-130 for her.  During the wait she tried for a B-2 to visit us.  We made it clear that she had a I-130 in process and we would not allow her to overstay and jeopardize her I-130.  At the time she was 20 and did not have a paying job but she did get the visa.

 

I would say your fiance's chances are more like 50/50.

[BigRedCat 36]

We are going to try for the DS-160 but I noticed there is a shorter waiting period (28 days as opposed to now 57 )for an interview at the St Petersburg embassy. Can she request an interview at that location even though she lives in Moscow? Does it matter? I haven't been able to find that info online. 

[Waffle123 36]

She can and it doesn't matter, but will definetly be asked the reason for this. She can honestly say she is doing this because of the waiting time and will have no problem!

[PedroDaGr8 247]

On 4/21/2017 at 1:13 PM, BigRedCat said:

I've been looking thru old threads trying to figure this question out but I'm not too sure yet. I was hoping someone can help? 

 

My fiance is currently in Moscow and we are waiting for NOA2 - so it looks like we might have our interview in maybe July. I want to bring her to the US to visit until its time for the K1 interview at which time we will both return to Moscow. Would it be possible for her to apply for B1 tourist visa? She doesn't currently work (lives with her mom) since I support her so I'm concerned that could be an issue with the B1 interview. From my research I know the embassy wants to make sure she will return to Russia - so what is the best way to approach this? Show our I-129F paperwork to show we want her to legally immigrate or not say anything at all about the fiance visa? 

 

Any help would be appreciated as I want to do this asap (I understand there is a 52 day wait for embassy appointment and I want to fly her to the US as soon as I can if possible)

 

Thanks! 

You should have made sure she had a B visa before filing for K1. My fiancee had a B-visa previously and we made sure to renew it before we filed for the K1. The issue is that by filing the K1, you are declaring that she wants to eventually live with you in the USA. The B-visa requires that you have ZERO intentions to stay in the USA and this must be demonstrably so. It must be actively evident that she won't stay here for good when she visits. While they are NOT mutually exclusive, your case is a prime example that they are not mutually exclusive, they are very very closely related. The hard part is being able to demonstrate that she you two are NOT trying to do an end run around the system, bring her here on a B visa, get married and file for AoS. On top of that, she has to demonstrate that she is not a risk for staying in the USA for any other reasons as well. Quite simply, you just stacked the deck against you in about the WORST way possible

Edited April 27, 2017 by PedroDaGr8

[Margarita&Brett 16]

On 4/27/2017 at 8:53 AM, BigRedCat said:

We are going to try for the DS-160 but I noticed there is a shorter waiting period (28 days as opposed to now 57 )for an interview at the St Petersburg embassy. Can she request an interview at that location even though she lives in Moscow? Does it matter? I haven't been able to find that info online. 

Hi! I am in the same boat as you were about b1/b2. Did you try to apply?