B2 Tourist Visa Question

[RyanPam 0]

Hey,

I'm new here. Firstly, want to thank you folks for this site. It's pretty good there is information around. My questions is this:

I want to apply for a B2 visa to go and see my gf (we need to see each other in order to apply for a K3 fiancee visa and have not met in person). When at the interview, when the interviewer asks me what's the purpose or who I'm going to see, I would mention that I need to go and see my gf for "X" amount of weeks and that I would be returning back to start the K3 visa process and I believe that answer may not be the best answer answer in order to overcome the 'intending immigrant' status. What do you think about this situation? The other option is that she comes here but ideally I want to go see her first, if it is possible.

Here is some background. I have gone through a K3 fiancee visa before (denied, not with her). I have gone to the U.S. on a tourist visa, had an extension to get legal status, then came back. I would be applying from New Delhi.

Some tips/help/advice would be greatly appreciated. Thanks.

[Ryan H 3,790]

The fiancee visa is K1, not K3.

What do you have to show ties to India? That's what you really need to overcome immigrant intent.

Having had a prior B2 visa and staying within its limits is something you can present.

Edited April 24, 2011 by Ryan H

[Boiler 43,397]

Fiancee Visa is a K1.

If you have already obtained a B2 before then you know the drill.

Having used a B2 and then extended status it is not a positive.

[NigeriaorBust 4,087]

You are going to have a hard time getting another visitors visa if you (mis)used your last one to enter the country and try to stay. Lying about the reason for your visit is not advised and being honest will almost guarentee that you will be denied. I think that you are best planning on her to visit you first.

[Penguin_ie 5,984]

How long ago was your last visit to the USA and the extension?

When was the failed K1, and why was it denied?

[RyanPam 0]

How long ago was your last visit to the USA and the extension?

When was the failed K1, and why was it denied?

I was a minor, underage when I was in the US, more than 10 years ago. I came back as a minor too. I think the K1 failed because of a lack of funds. I don't remember the reason now. I had gone under a B2 under my father's provision, then converted to F2 status, then returned back after some time. I was just thinking to myself, no point even lying, just be honest and hope and expect for the best, but then I was thinking was there anything else I could do you know?

[Harsh_77 716]

Getting a B2 would be difficult - but you can try.

Failed K1, Travel on B2 and extending the B2 and now asking for another B2.

You will have to show strong ties to home country.

[Penguin_ie 5,984]

That the B2 was as a minor will work in your favour, but together with the failed K1, it will indeed be difficult to get another visit visa. I think it would depend somewhat on why the K1 failed- if it was indeed lack of funds, it's not so bad but if they doubted you had a bonafide relationship, it would not be good. But, if you have the funds, applying for a tourist visa might be worth a shot- all they can say is "no" and it would not affect a future spousal or fiance visa. But, why can't your girlfriend visit you?

[RyanPam 0]

That the B2 was as a minor will work in your favour, but together with the failed K1, it will indeed be difficult to get another visit visa. I think it would depend somewhat on why the K1 failed- if it was indeed lack of funds, it's not so bad but if they doubted you had a bonafide relationship, it would not be good. But, if you have the funds, applying for a tourist visa might be worth a shot- all they can say is "no" and it would not affect a future spousal or fiance visa. But, why can't your girlfriend visit you?

Understood. Yeah we're working on her visiting first, but just for preference sake we want me to go there first. Let me see which direction we choose.