B-2 Tourist visa MAX stay and which embassy for K1

[JianWa 0]

Hi All,

Does anyone know the max amount of stay for a person with B2 tourist visa is and can they apply for extension? If so, how and how long?

Also which embassy should I state my fiancee should go to? The London consular office or Guangzhou?

My fiancee's visa stay in UK is till October and I intend to send the K1 form sometime in Mid May.

Even though we hate the time apart, we think its a good idea to stay as long as we legally can on a B2 visa. Then she'll go back to _________________ to wait for the interview letter.

So anyone got some info?

Thanks!

[Fischkoepfin 1]

B2 visa-holders can stay for 6 months and extend their stay through USCIS. However, you will have to be able to proof that you have sufficient funds to maintain yourself in the US (the rates are incredible high; it's more than the poverty line since they are considered tourists). Also keep in mind that as your fiancee she will have to be able to present proof of her intention to return to her home country/ country of residence which makes things more difficult.

As to the consulate, it depends on the consulate whether they accept non-resident petitions. There is a chance that your petition will be approved in time for your fiancee to re-enter Britain as a resident, but May sounds like a very close call. Maybe you should apply now. You have a certain time frame to activate the visa (90 days, I think, after issuance) and then 90 days in the US to get married.

[JianWa 0]

Sufficient fund is no problem. We just want to resolve the time apart issue. We want to be apart for the shortest amount of time as possible.

In terms of return ticket for her, I wonder if its ok to have the return ticket go to China instead of back to UK since she don't wish to go back to UK. I think, based on your opinion, its best to send the K1 fiancee packet to Guangzhou instead of London.

Anyone else wonder if its a good idea? If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.

Am I too optomistic? She can only stay in UK till end of October I believe.

[desert_fox 32]

The B2 CAN be valid for up to six months, but the actually time will be determined at the POE and written into your passport and on the I94 Arrival/Departure record.

Edited April 10, 2006 by desert_fox

[David&Erin_Owens 0]

If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.

Hmm, I'm not sure what you're asking there, but with K1 I don't believe you're able to stay while it's being processed. She'll be able to come over once it's been approved and you will have to marry within 90 days of her arriving.

[JianWa 0]

If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.

Hmm, I'm not sure what you're asking there, but with K1 I don't believe you're able to stay while it's being processed. She'll be able to come over once it's been approved and you will have to marry within 90 days of her arriving.

Uhmm...its somewhat of an comment and plan. Why can't a person stay while K1 is being processed? We will be following the rules for B2 and I don't believe there is a rule that states that while K1 is being processed, you can not enter. From my last post, I know I can't marry my fiancee on a B2 visa.

[meauxna 15]

You would *rather* that she process through China than London? eek.I'd think London would be a lot faster and friendlier. But, she will have to have sufficient forward-stay permission for the UK for them to take her case.

If it's her first B, and her first visit, she may not get 6 months. 90 days is more likely, and less than that is certainly possible. Extensions are very difficult to get.

[Boiler 43,639]

http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

London, if possible, must be a better bet than China.

But: http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

Non Residents of the United Kingdom

Although we accept applications from anyone physically present in the United Kingdom, it is often difficult for applicants who are not permanent residents in the United Kingdom to demonstrate that they have sufficiently strong ties to a third country, as consular officers in London or Belfast have no way of verifying or evaluating information from other countries.

If you are a temporary resident of the United Kingdom, or are planning on traveling to the United Kingdom specifically to apply for a visa, you may wish to consider applying for a visa in your country of permanent residence where you will be best able to establish your qualifications for a visa.

[JianWa 0]

Right...since she the K1 processing will take longer than expected if sent in mid May. I believe she has to already leave UK for China. So to stop any delays, I would to send the K1 to Guangzhou instead of London.

Of course she can get herself to stay in London if she pay a hefty school fee....but why would anyone do that?

http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

London, if possible, must be a better bet than China.

But: http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

Non Residents of the United Kingdom

Although we accept applications from anyone physically present in the United Kingdom, it is often difficult for applicants who are not permanent residents in the United Kingdom to demonstrate that they have sufficiently strong ties to a third country, as consular officers in London or Belfast have no way of verifying or evaluating information from other countries.

If you are a temporary resident of the United Kingdom, or are planning on traveling to the United Kingdom specifically to apply for a visa, you may wish to consider applying for a visa in your country of permanent residence where you will be best able to establish your qualifications for a visa.

[Fischkoepfin 1]

Right...since she the K1 processing will take longer than expected if sent in mid May. I believe she has to already leave UK for China. So to stop any delays, I would to send the K1 to Guangzhou instead of London.

Of course she can get herself to stay in London if she pay a hefty school fee....but why would anyone do that?

http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

London, if possible, must be a better bet than China.

But: http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

Non Residents of the United Kingdom

Although we accept applications from anyone physically present in the United Kingdom, it is often difficult for applicants who are not permanent residents in the United Kingdom to demonstrate that they have sufficiently strong ties to a third country, as consular officers in London or Belfast have no way of verifying or evaluating information from other countries.

If you are a temporary resident of the United Kingdom, or are planning on traveling to the United Kingdom specifically to apply for a visa, you may wish to consider applying for a visa in your country of permanent residence where you will be best able to establish your qualifications for a visa.

Because the wait going through London is shorter (by 60 days on average) and it has a higher approval rate. As I've suggested before, apply now for the visa so that there is a chance that your fiancee can still interview in London. As a student, she should count as a resident and she would have sufficient reason to adjust in the UK. If she continued to be enrolled she would also have an easier time convincing the Immigrations Officer at her POE that she intended to return to the UK, making denial of entry on B2 less likely.

It's finally up to you, but I would be very careful in assuming that your fiancee will be admitted for 6 months and more. Even if she can show that she -not you- has the necessary funds, she will have to convince them that she as a young woman from China is not intending to stay in the US, i.e. intending to marry, intending to work, or intending to become an illegal alien. For that reason she will need to show ties to either China or the UK.

[Yodrak 7]

JianWa,

That's very nice, but the purpose of a B2 visa is to visit, not to take up residence in advance of getting to proper visa to take up residence.

If the CBP or USCIS gets an idea of your actual intention entry or extention may be denied.

Yodrak

Sufficient fund is no problem. We just want to resolve the time apart issue. We want to be apart for the shortest amount of time as possible.

....

[zyggy 9]

The B2 CAN be valid for up to six months, but the actually time will be determined at the POE and written into your passport and on the I94 Arrival/Departure record.

and 6 months is granted VERY rarely... it's almost always 90 days...

If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.

Hmm, I'm not sure what you're asking there, but with K1 I don't believe you're able to stay while it's being processed. She'll be able to come over once it's been approved and you will have to marry within 90 days of her arriving.

Uhmm...its somewhat of an comment and plan. Why can't a person stay while K1 is being processed? We will be following the rules for B2 and I don't believe there is a rule that states that while K1 is being processed, you can not enter. From my last post, I know I can't marry my fiancee on a B2 visa.

To add... if she does have a K1 in the pipeline, CBP will know that she has one... it could make it harder for her to get entry into the US, especially since she'll essentially be in transition from the UK to China...

So let's put this together: finacee in US, no ties to the UK, and no real ties to China... sound like a recipe for possible entry denial to me...

Edited April 11, 2006 by zyggy

[Saddle Bronc 124]

As zyggy stated, it's rare that a visitor will be allowed in for a six-month stretch; a six-month ticket is practically a "red-flag" for the inspecting officious.

However, it IS possible to enter on 90-day B2 and then extend it to 180 once in US (so long as you don't mind forking over almost US$200 to USCIS).

[Boiler 43,639]

You might want to look at the success rate of others in your situation obtaining a B2.

And then you stuill need to pass the POE hurdle.

The norm for a B2 is 10 years with 6 month entries. But that is just a norm.

[Saddle Bronc 124]

Also, maybe one should look into third-country (neither US nor the SO's country) meetings.