b-2 tourist visa

[kman198 5]

I'm sure this has been posted before and beaten to death, but here's the situtation. I met my fiance and went and visited her in Manila last year. We really enjoyed each other. We are wanting to do the k-1 but doubt we have enough evidence to successfully get it. I want to be sure. We were thinking about doing the b-2 tourist visa so she can come and stay with me for a few weeks and return home for the k-1 process once we file. However, you can't sponsor a "friend" and from what i've read they won't approve her. I am her only source of income at the moment, she does have ties back to the country, she has an 8 year old daughter. Is that enough evidence to show that she wants to return home? Are we just waisting our money trying to get the b-2? We're fine with being open with the process and don't want to lie about it, and we honestly don't want to skip the line and want to do everything correct. any advice? please.
We really want to be together and our immigration system is absolute trash.

[Crazy Cat 41,980]

9 minutes ago, kman198 said:

I am her only source of income at the moment,

She will not get a B2 visa.  My advice: Marry, meet outside the US, then start the spousal visa process. 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

[kman198 5]

So does the fact that she has a daughter/sisters/parents back home, does this not qualify for return?

If we have a bank account with money in it, would that help? I know her having a bank account is required. 

[kman198 5]

if we state the purpose of her trip is specifically to see me and for evidence for the k-1 fiancé visa, is that acceptable? I know that is a crazy questions, but it's kind of the purpose of the trip. 

[Daphne . 1,888]

Why do you think you don’t have enough proof for the K1 yet? You met last year, I assume you also have pictures of you 2 together and the boarding passes/passport stamps?

She will very likely not get a tourist visa, many before her have misused a tourist visa to just enter the US and adjust status (even if they had a child/children back home). 

[MaxP22 186]

If you are her only source of income then no, she will certainly not be granted a B2 visa and rightly so. No her daughter is not a tie, it's very common for parents to leave their children behind when going abroad in the Philippines.

[Rocio0010 5,579]

1 hour ago, kman198 said:

However, you can't sponsor a "friend" and from what i've read they won't approve her

Yes, you can’t sponsor a friend. But the very first thing you need to learn is not to say that she’s “a friend” if she’s your fiancée. I understand it might be customary in the Philippines, but I’m just stating it how immigration might perceive it. 

The B1/ B2 might or might not work. You have nothing to lose other than money. You can always try. 
As to your question about having a kid back in the Philippines, no, that’s not necessarily a strong tie (or not by itself)
 

[kman198 5]

36 minutes ago, Daphne . said:

Why do you think you don’t have enough proof for the K1 yet? You met last year, I assume you also have pictures of you 2 together and the boarding passes/passport stamps?

She will very likely not get a tourist visa, many before her have misused a tourist visa to just enter the US and adjust status (even if they had a child/children back home). 

We have been talking for a while, and I had figured they might not approved just having met one time. Yes we do have proof, we met, stayed together in the hotel, we have pictures, receipts, etc. We just wanted to spend some time together during that process and thought that it could only strengthen our case if we could see each other again. it is incredibly more expensive for me to visit her than her visit me, I make the money understandably. So my thought was if we were honest about it, saying we are going to file and not hide the relationship, since i'm her only source of income, the reason for that, not that it matters, is because of the work situation there, they don't allow you to take time off for three weeks to meet someone usually, and it was a terrible job and she was depressed. Fast forward, through the k-1 process I am providing the financial stability as we go through it for the time being, and I'm ok with that, and i'm sure that won't be taken into consideration. Appreciate your feedback. 

[Crazy Cat 41,980]

49 minutes ago, kman198 said:

if we state the purpose of her trip is specifically to see me and for evidence for the k-1 fiancé visa, is that acceptable? I know that is a crazy questions, but it's kind of the purpose of the trip. 

Every person who applies to visit the US is already assumed to have intent to stay and adjust status.  Consulate Officers, by law, must reject those who cannot show very strong to home country.  

Right now, the wait time to get a visitor visa interview is 144 days. 

[kman198 5]

13 minutes ago, Rocio0010 said:

Yes, you can’t sponsor a friend. But the very first thing you need to learn is not to say that she’s “a friend” if she’s your fiancée. I understand it might be customary in the Philippines, but I’m just stating it how immigration might perceive it. 

The B1/ B2 might or might not work. You have nothing to lose other than money. You can always try. 
As to your question about having a kid back in the Philippines, no, that’s not necessarily a strong tie (or not by itself)
 

OK, so from what I've read you cannot sponsor a friend/fiance on the b-2 visa... so what does she do? take it with her to the interview with all the supporting documents? what is that process?

[Crazy Cat 41,980]

1 minute ago, kman198 said:

take it with her to the interview with all the supporting documents? what is that process?

Consulate Officer are not required to even look at her evidence.  In fact, we see that quite a lot.  Her situation is a textbook case of what Consulate Officers are trained to deny.  But, it's your money.  She is free to apply.  Just expect to waste a lot of time.

I have already given you my advice.  Good luck.

[kman198 5]

that's why i'm here. thanks. this is all completely new to me so that's why I'm here. starting from not knowing anything.

[Crazy Cat 41,980]

1 hour ago, kman198 said:

if we state the purpose of her trip is specifically to see me and for evidence for the k-1 fiancé visa, is that acceptable?

That would indicate immigrant intent. ...the very thing which could disqualify her.

[MMDG 106]

No chance.

[Crazy Cat 41,980]

1 minute ago, kman198 said:

that's why i'm here. thanks. this is all completely new to me so that's why I'm here. starting from not knowing anything.

Some of us have been around here for a while.  Your situation is quite common.  Unfortunately, your plan is flawed.  Spending more time together is beneficial for multiple reasons.  However, meeting inside the US is not likely, and a CR-1 spousal visa is a better option, imo.