B2 Visa for Girl Friend

[Lone Wolf 4]

We do not want to do a K1 visa at this time, but I would like to take my girl friend to the US for vacation from time to time. I noticed there is about a 400 day wait for B2 visas. 

Trying to get a handle on the chances of obtaining the visa and how to present the case best for successfully obtain the B2. 

She has a daughter and about a hectare and a half in her name and a older house on it that was her parents. She has worked in Taiwan between 2019 and 2022. She also has a townhouse in her name through Pag-Ibig that has been assumed by another but remains in her name at this time. But really no money in the bank. I would be paying all expenses, so there is not a financing issue, but worry about how CIS would look at this.

She is not working at this time, but possibly could be by the time the 400 days for the B2 interview would come up.

I know a sponsor is not required, but I am thinking what is going on with financing may be of concern as well as reason for vacations in the US.

Would it be best to explain our relationship as the primary reason?

My background could be a further complication. I have a previous NOA2 for my ex fiancée that the original expiration date was March of 2020. The pandemic kept me and my ex separated as I got stuck in the US during that period and there was no way to repair the relationship upon my return. I am concerned as to the true status of the NOA2 from the previous relationship, as I have read conflicting information, some saying it is cancelled at expiration date, and others saying it will be extended automatically. Could it possibly be automatically extended from March of 2020 until now? Or would it be cancelled by this time?

I know this is confusing, but really need help on how to best handle the B2 for now, as well as how to handle the NOA2 from previous relationship should sometime in the future wish to pursue a K1.

[Redro 4,601]

Does she have a job? 

Being in a relationship with you complicates the matter. 

All your gf can do is apply for a visa interview and hope the CO approves the visa. 

But, I would concentrate on meeting in either the Philippines or other countries.

Most foreign nationals are refused a tourist visa when they are of a young marrying age. They're also denied if they do not have strong ties to their home country AND they have a USC partner. 

The CO will assume your gf is applying for a B2 with the intent of getting married to you and then adjusting status. 

About the previous K1: 

If I was you, I would withdraw the previous K1 visa application so there is no confusion about that petition. 

 

[Adventine 3,187]

All she can do is apply and see. I recommend that she find work soon and start saving up some of her own money. That will improve her chances of getting the visa.

 

When asked why she wants to visit the US and how she's going to pay for her trip, she should mention you, of course. If she lies about your relationship, it will come back to haunt her.

 

In the meantime, make plans to meet in the Philippines or somewhere else where she can enter without a visa. The more international travel she has, the higher the chances she gets a US tourist visa.

 

Also, withdraw the petition for your previous partner.

[Lone Wolf 4]

15 minutes ago, ROK2USA said:

But, I would concentrate on meeting in either the Philippines or other countries.

Most foreign nationals are refused a tourist visa when they are of a young marrying age. They're also denied if they do not have strong ties to their home country AND they have a USC partner. 

 

 

I need to clarify, I live in the Philippines (via tourist visa extensions), I returned in March 2022. I live with my girl friend in the Philippines.

The true purpose of the B2 visa is so she can accompany me when I go to the US for vacation and/or visit family there.

I am a naturally born citizen of the U.S.

I do not want to live in the US at this time.

A K1 for my girl friend at this time is a waste because I do not want to live in the US for the time period required.

I just want to be able to visit 3 to 4 weeks at a time every 1 1/2 to 3 years.

But I very much want her by my side when I visit.

The intention is Not trying to do an end run around the process, a K1 would actually be easier if marriage was the purpose.

A K1 is not appropriate because the intention is Not to stay.

B2 is appropriate because the intention is truly to visit. 

[Adventine 3,187]

That's a perfectly reasonable explanation and, if the subject comes up, your girlfriend can say just that at her interview.

 

I still recommend that you take shorter international trips together in SE Asia so that she builds a more robust travel history.

 

The bigger her own income is, the better. The idea is she needs to prove she has a stable life in the Philippines and plenty of reasons to return.

[Redro 4,601]

21 minutes ago, Lone Wolf said:

I need to clarify, I live in the Philippines (via tourist visa extensions), I returned in March 2022. I live with my girl friend in the Philippines.

The true purpose of the B2 visa is so she can accompany me when I go to the US for vacation and/or visit family there.

I am a naturally born citizen of the U.S.

I do not want to live in the US at this time.

A K1 for my girl friend at this time is a waste because I do not want to live in the US for the time period required.

I just want to be able to visit 3 to 4 weeks at a time every 1 1/2 to 3 years.

But I very much want her by my side when I visit.

The intention is Not trying to do an end run around the process, a K1 would actually be easier if marriage was the purpose.

A K1 is not appropriate because the intention is Not to stay.

B2 is appropriate because the intention is truly to visit. 

@millefleur lived in Russia with her boyfriend (now husband). He applied for a tourist visa and was refused (they wanted to visit not live there).

I know a few friends who were refused a tourist visa because they had a USC partner.

@Dewald & Brittney is the only person I know who (recently) was able to secure a tourist visa even though he is married to a USC and has an I-130 application on file.

You can read his experience here: 

If you read through the tourist visa forum, you'll see a few stories of people denied tourist visas because they have a USC spouse/partner or child . 

 

I had an existing B1/B2 visa when I started to visit the US with my boyfriend (now husband- we both live and work in Korea) and the first few visits they questioned my intention in the US and asked me when we planned to get married. So, even if she does secure a B1/B2 CBP might not allow her to enter the US. It doesn't seem fair but because others have abused their tourist visa genuine travelers suffer the consequences. 

 

Edited August 23, 2022 by ROK2USA

[Boiler 43,543]

She is not an obvious choice for a B Visa but on the positive side she has plenty of time to improve her position.

[Dewald & Brittney 46]

Thanks for the tag @ROK2USA.

 

I managed to be approved for the B1/B2 visa with an i130 application in the pipeline, as mentioned before. I was radically honest with the CO (consular officer) about my situation and how I plan on coming back after a month's visit. In terms of evidence I brought my work contract with me and even screenshots of chats between my current employer and myself to establish that I have a work contract in Thailand (I did this interview in South Africa).

 

Your main goal is to prove that you and your girlfriend are not trying to jump the queue. If the CO gets a wiff of BS then they will not approve the visa. You can prove this by showing as many ties to the Philippines as possible. This will include ties from BOTH of you, not just your SO. Show proof that you don't want to move back to the US as this will help establish her case. Work contracts and long-term leases come to mind.

[Lone Wolf 4]

In trying to see about cancelling, if it is even necessary to cancel the previous K1 application I am running into a lot of frustration.

1) The previous K1 applications original expiration was in March of 2020,  2 years and 5 months ago. I have read that it is only extended for a year. But others advice that I still need to cancel it. Does anyone know the facts?

2) All I have is the Receipt Number and the 9 digit A number from the NOA2, I never had the case number beginning with MNL, does someone know how I would obtain that?

I have sent emails from other advice only to get them bounced back. How do I follow up on this without losing my mind. 

[top_secret 2,069]

To be honest I think her chances are slim. But since she has a US  partner who is living in the Philippines, part of the discussion will be about YOUR ties to the Philippines.  The US consul is programed to assume a Filipina will try to follow her partner.  To the US, if the US partner decided to return to the US.  Not compatible with a tourist visa.   What is your status in the Philippines?  Do you have a resident visa or are you extending tourist visas?  Do you have any property or other strong ties to the Philippines?  That alone won't get her the visa but sure helps.  Having a US partner who may decide to return to the US at any time is almost a sure denial.

 

[Adventine 3,187]

7 hours ago, Lone Wolf said:

In trying to see about cancelling, if it is even necessary to cancel the previous K1 application I am running into a lot of frustration.

1) The previous K1 applications original expiration was in March of 2020,  2 years and 5 months ago. I have read that it is only extended for a year. But others advice that I still need to cancel it. Does anyone know the facts?

2) All I have is the Receipt Number and the 9 digit A number from the NOA2, I never had the case number beginning with MNL, does someone know how I would obtain that?

I have sent emails from other advice only to get them bounced back. How do I follow up on this without losing my mind. 

 

You don't need to send an email. All you need to do is send a message through the public inquiry form here:

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

 

It's important to let them know in writing because a lot of petitions impacted by COVID are being automatically extended by the consulates.

 

 

[Palawan 130]

13 hours ago, Lone Wolf said:

In trying to see about cancelling, if it is even necessary to cancel the previous K1 application I am running into a lot of frustration.

1) The previous K1 applications original expiration was in March of 2020,  2 years and 5 months ago. I have read that it is only extended for a year. But others advice that I still need to cancel it. Does anyone know the facts?

2) All I have is the Receipt Number and the 9 digit A number from the NOA2, I never had the case number beginning with MNL, does someone know how I would obtain that?

I have sent emails from other advice only to get them bounced back. How do I follow up on this without losing my mind. 

Do you have a mailing address in USA?

 

If so do a withdrawl letter and send it to the US Embassy in Manila, they are the one who will issue a withdrawl letter

 

Include all information you can.