Can you apply for a B2 if you have a K1 pending?

[JojoandTomas 213]

Hi guys, 

 

All in the title. My fiancé and I were thinking about the tourist visa because he has been having trouble getting medical attention due to overcrowding and general pandemic pandemonium in the DominicanRepublic.

 

He needs to have surgery on his leg and its proven difficult.  I started looking into the B2 and it does say if you have a medical reason you can apply. He can get plenty of medical evidence.

 

My question is can you apply while you are awaiting processing of a K1 visa?

 

Will having a K1 visa hurt your chances of approval?

 

He does not have many ties to the country. He has a son and no property under his name except his car. Bank account with not much in it. Medical bills have been pretty crazy. 

 

Thanks in advance!

[Just Paul 4,595]

Applying for a B visa does not impact the K1. Getting it on the other hand is challenging especially since he doesn't have money for American medical care.

[JojoandTomas 213]

6 minutes ago, Paul & Mary said:

Applying for a B visa does not impact the K1. Getting it on the other hand is challenging especially since he doesn't have money for American medical care.

We are currently working on getting him another insurance plan so he can have a private insurance as well. He has government issued medical insurance. 

If we are able to secure that, would that help at all?

 

Also, if he does go and get denied, is there any negative impact on the K1?

[millefleur 5,047]

**Moved from K-1 Fiance(e) Visa Case Filing and Progress Reports to Tourist Visas; question is more centered around getting a tourist visa for medical purposes (with a pending K-1)**

[Lucky2Lucky 2,526]

1 hour ago, JojoandTomas said:

We are currently working on getting him another insurance plan so he can have a private insurance as well. He has government issued medical insurance. 

If we are able to secure that, would that help at all?

 

Also, if he does go and get denied, is there any negative impact on the K1?

He can apply but chances of him affording medical care in the US are slim. He can’t just apply for Anthem out of the blue as a foreigner.

If he gets denied it will not have an affect on his k1. On the DS160 there is a question that asks if you’ve been denied/refused a visa before and he would have to answer appropriately. But wouldn’t harm his k1.

[Just Paul 4,595]

1 hour ago, JojoandTomas said:

if he does go and get denied, is there any negative impact on the K1?

No affect.

1 hour ago, JojoandTomas said:

We are currently working on getting him another insurance plan so he can have a private insurance as well. He has government issued medical insurance. 

If we are able to secure that, would that help at all?

 

If you are talking about private insurance in the DR then that would mostly likely negate the need to travel.   If you are talking about private insurance in the US then realize that most have waiting periods AND that he still has to show non immigrant intent to obtain a visa.   Having insurance in the US doesn't help show he would return to the DR.

[JojoandTomas 213]

14 minutes ago, Paul & Mary said:

No affect.

If you are talking about private insurance in the DR then that would mostly likely negate the need to travel.   If you are talking about private insurance in the US then realize that most have waiting periods AND that he still has to show non immigrant intent to obtain a visa.   Having insurance in the US doesn't help show he would return to the DR.

Yes, I meant private insurance purchased in the DR. They also have plans that can be expanded to include coverage abroad which we were interested in as well.

 

Having Private insurance in the DR doesn't really help us right now because the hospitals and private clinics in his general area are turning patients away due to covid Regardless of whether they have insurance. We wondered if the B2 would be the way to go at least to get him some medical attention, since no one is sure how long this pandemic will last

[JojoandTomas 213]

24 minutes ago, Luckycuds said:

He can apply but chances of him affording medical care in the US are slim. He can’t just apply for Anthem out of the blue as a foreigner.

If he gets denied it will not have an affect on his k1. On the DS160 there is a question that asks if you’ve been denied/refused a visa before and he would have to answer appropriately. But wouldn’t harm his k1.

I meant private insurance in the DR. 

 

That's good to know. Thank you. We don't want to ruin our K1

[Just Paul 4,595]

It is very very hard to get a B for medical to start with and without the COVID delays.  Filing a K1 shows immigrant intent.   In order to get a B visa the applicant has to disprove the assumption of immigrant intent at the interview.    

 

The better supporting evidence at the interview means the better the odds.   But it is still a very very long shot.

[Crazy Cat 41,974]

I think a B2 for medical treatment in this situation would be very difficult.:

1.The medical visa, itself, requires a great deal of documentation from medical professionals in both countries with specific requirements.  In addition, he would likely be required to prove he can pay for treatment out-of pocket. Having government medical insurance and private insurance obtained in his country would not guarantee his ability to pay for treatment received in the US.  

2.  He would have to prove he would return to DR after treatment.  That would require strong ties to his country.  Having a fiance in the US would not help in this area.  In fact, it could easily result in a denial of any non-immigrant visa.

Just my opinion.  Good luck.

 

 

[Crazy Cat 41,974]

Here is a good article describing medical visas:  https://www.nolo.com/legal-encyclopedia/b-2-visa-us-medical-treatment-who-qualifies.html

[aaron2020 11,651]

1 hour ago, JojoandTomas said:

Hi guys, 

 

All in the title. My fiancé and I were thinking about the tourist visa because he has been having trouble getting medical attention due to overcrowding and general pandemic pandemonium in the DominicanRepublic.

 

He needs to have surgery on his leg and its proven difficult.  I started looking into the B2 and it does say if you have a medical reason you can apply. He can get plenty of medical evidence.

 

My question is can you apply while you are awaiting processing of a K1 visa?

 

Will having a K1 visa hurt your chances of approval?

 

He does not have many ties to the country. He has a son and no property under his name except his car. Bank account with not much in it. Medical bills have been pretty crazy. 

 

Thanks in advance!

Hi,

 

Sorry your fiance is having medical problems.

 

With a pending K-1, few ties, not much in the bank, and crazy medical bills, he is unlikely to get a visitor visa to the US for medical treatment.  He would have to overcome immigrant intent and that's hard with a pending K-1.  He would need to show that the medical treatment he needs is not available in the DR.  He would need to show a US medical facility/doctor who is willing to treat him.  He would also need to be able to show that he can afford his treatment.  Based on what you've posted, his chances for a visitor visa for medical treatment seems slim.

Sorry.

[SusieQQQ 11,586]

This is the official government info on medical visa, can he provide all this?

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

f you are seeking medical treatment in the United States, the consular officer may ask for further documents at your visa interview, which may include:

• Medical diagnosis from a local physician, explaining the nature of the ailment and the reason you need treatment in the United States.
• Letter from a physician or medical facility in the United States, stating they are willing to treat your specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
• Proof that your transportation, medical, and living expenses in the United States will be paid. This may be in the form of bank or other statements of income/savings or certified copies of income tax returns (either yours or the person or organization paying for your treatment).

[JojoandTomas 213]

32 minutes ago, SusieQQQ said:

This is the official government info on medical visa, can he provide all this?

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

f you are seeking medical treatment in the United States, the consular officer may ask for further documents at your visa interview, which may include:

• Medical diagnosis from a local physician, explaining the nature of the ailment and the reason you need treatment in the United States.
• Letter from a physician or medical facility in the United States, stating they are willing to treat your specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
• Proof that your transportation, medical, and living expenses in the United States will be paid. This may be in the form of bank or other statements of income/savings or certified copies of income tax returns (either yours or the person or organization paying for your treatment).

That first one is a tough question. It isn't as if they aren't capable or have the equipment to treat him. They are just turning anyone away regardless who isn't covid related or on the brink of death. Surgeries aren't prioritized while covid is really starting to ramp up there. 

 

I don't currently have a specialist who will see him here but we have been researching a few in my area to present this case to.

 

Lastly, we are looking into international insurance so that he can be covered if he travels. And any other expenses we would both cover

 

It sounds like we are going to have to talk this one out a little more while we explore our options. Its tough because you don't want to see your partner struggling and want to help them so bad

[JojoandTomas 213]

@aaron2020 Yeah I think you may be right. It seemed like a viable option but it seems like we don't have enough supporting evidence

1 hour ago, Lucky Cat said:

Here is a good article describing medical visas:  https://www.nolo.com/legal-encyclopedia/b-2-visa-us-medical-treatment-who-qualifies.html

Thank you for this. Sadly I'm starting to feel as if we might not have enough supporting evidence. At least not enough to get approved