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11-03-2006, 06:19 PM
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#1 (permalink)
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B-2 before K-3
Hi, I found this forum through the USENET group on Google, which was in
turn referred to by the site visajourney. I was wondering if anyone had
a case similar to mine, I tried looking it up, but didn't find anything
that matches exactly.
So here is the background. I am a citizen of country X (need a visa
to go anywhere) and my fiance is a US citizen. We met in the UK while
we were both studying. He's finished his, while I am here for another
couple of years (I'm doing a PhD). We plan to get married in the US
next year, and I do not intend to immigrate to the US as I still want
to finish the PhD. Once I am close to finishing, we will start the
K-3 process.
My fiance contacted the visa services in the US, and he was told that if
I can provide a few documents (letter from University and supervisor,
recent bank account statements, house lease, return ticket) then that
should be plenty of evidence that I intend to return to the UK. In this
case, the B-2 visa is sufficient. The officer mentioned that this
happens quite often. Also, my fiance was told that I need not mention
the wedding unless I am asked.
My question: is this a sound advice to follow? The document list seems
pretty convincing, but I am not sure about keeping quiet about the
wedding. From what I've been reading on the forums I mentioned above, it
will be very difficult convincing the immigration officers that I have
no intention to immigrate to the US.
Thanks for reading!
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11-03-2006, 06:39 PM
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#2 (permalink)
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Re: B-2 before K-3
> Hi, I found this forum through the USENET group on Google, which was
> in turn referred to by the site visajourney. I was wondering if anyone
> had a case similar to mine, I tried looking it up, but didn't find
> anything that matches exactly.
>
> So here is the background. I am a citizen of country X (need a visa to
> go anywhere) and my fiance is a US citizen. We met in the UK while we
> were both studying. He's finished his, while I am here for another
> couple of years (I'm doing a PhD). We plan to get married in the US
> next year, and I do not intend to immigrate to the US as I still want
> to finish the PhD. Once I am close to finishing, we will start the K-3
> process.
>
> My fiance contacted the visa services in the US, and he was told that
> if I can provide a few documents (letter from University and
> supervisor, recent bank account statements, house lease, return
> ticket) then that should be plenty of evidence that I intend to return
> to the UK. In this case, the B-2 visa is sufficient. The officer
> mentioned that this happens quite often. Also, my fiance was told that
> I need not mention the wedding unless I am asked.
>
> My question: is this a sound advice to follow? The document list seems
> pretty convincing, but I am not sure about keeping quiet about the
> wedding. From what I've been reading on the forums I mentioned above,
> it will be very difficult convincing the immigration officers that I
> have no intention to immigrate to the US.
>
> Thanks for reading!
I've not seen the questionnaire that you fill out for the B-2 visa but I
was under the impression it asks about your marital status. Don't lie
on the form.
I believe your fiancee was telling you not to volunteer information at
the POE when entering the US. Answer the question as asked and don't
elaborate on the answer.
__________________
I'm not an attorney. This disclaimer is valid in NYS!
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11-03-2006, 06:40 PM
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#3 (permalink)
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Re: B-2 before K-3
> Hi, I found this forum through the USENET group on Google, which was
> in turn referred to by the site visajourney. I was wondering if anyone
> had a case similar to mine, I tried looking it up, but didn't find
> anything that matches exactly.
>
> So here is the background. I am a citizen of country X (need a visa to
> go anywhere) and my fiance is a US citizen. We met in the UK while we
> were both studying. He's finished his, while I am here for another
> couple of years (I'm doing a PhD). We plan to get married in the US
> next year, and I do not intend to immigrate to the US as I still want
> to finish the PhD. Once I am close to finishing, we will start the K-3
> process.
>
> My fiance contacted the visa services in the US, and he was told that
> if I can provide a few documents (letter from University and
> supervisor, recent bank account statements, house lease, return
> ticket) then that should be plenty of evidence that I intend to return
> to the UK. In this case, the B-2 visa is sufficient. The officer
> mentioned that this happens quite often. Also, my fiance was told that
> I need not mention the wedding unless I am asked.
>
> My question: is this a sound advice to follow? The document list seems
> pretty convincing, but I am not sure about keeping quiet about the
> wedding. From what I've been reading on the forums I mentioned above,
> it will be very difficult convincing the immigration officers that I
> have no intention to immigrate to the US.
>
> Thanks for reading!
You can certainly apply for a visitor's visa to the USA, yes, but
whether it will be approved or not, you won't know until you apply.
Also, once you have your visitor visa in hand, you should bring as much
proof of your return to the UK as possible, to show the officer at the
POE you have non-immigrant intent. The POE officer has the authority to
deny you entry into the USA, even if you have a visa.
At the POE, only answer the questions asked. Always tell the truth, but
don't offer information beyond what the officer asks.
Best Wishes,
Rene
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11-03-2006, 07:44 PM
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#4 (permalink)
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Re: B-2 before K-3
> You can certainly apply for a visitor's visa to the USA, yes, but
> whether it will be approved or not, you won't know until you apply.
>
> Also, once you have your visitor visa in hand, you should bring as
> much proof of your return to the UK as possible, to show the officer
> at the POE you have non-immigrant intent. The POE officer has the
> authority to deny you entry into the USA, even if you have a visa.
>
> At the POE, only answer the questions asked. Always tell the truth,
> but don't offer information beyond what the officer asks.
>
> Best Wishes,
> Rene
Thank you for the quick replies!
No, I won't attempt this.
Yes, I am aware that I might not even be granted the visitor's visa, and
even then I might not still be allowed to enter the US. This is why I
would like to prepare myself for the interviews as best as I can. So
would you recommend being upfront about the wedding plan or just answer
vaguely "I am visiting a friend I met while he was studying in the UK?"
My gut feeling is that the latter approach is basically lying to them.
Would you recommend us to hire a lawyer to help with the process? Would
anyone know how long the visitor's visa is valid for? That is to say,
should I apply soon, or closer to the date I plan to visit the US?
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11-03-2006, 07:49 PM
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#5 (permalink)
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Re: B-2 before K-3
> Thank you for the quick replies!
>
>
>
> No, I won't attempt this.
>
>
>
>
> Yes, I am aware that I might not even be granted the visitor's visa,
> and even then I might not still be allowed to enter the US. This is
> why I would like to prepare myself for the interviews as best as I
> can. So would you recommend being upfront about the wedding plan or
> just answer vaguely "I am visiting a friend I met while he was
> studying in the UK?" My gut feeling is that the latter approach is
> basically lying to them.
>
> Would you recommend us to hire a lawyer to help with the process?
> Would anyone know how long the visitor's visa is valid for? That
> is to say, should I apply soon, or closer to the date I plan to
> visit the US?
I would say your answer will totally depend on how the interviewing
officer phrases the question. If you actually do have wedding plans,
and the officer specifically asks "do you have wedding plans?", well
then...your answer would be yes. Only answer the specific question
asked, offering no further information until prompted.
Hiring a lawyer would be up to you, but ultimately the decision will
be up to the officer interviewing you. You might want to have a 1-
time consultation with a lawyer, just to ask any basic questions and
get his opinion.
I'm not 100% sure, but a visitor's visa can be valid for 6 months, a
year, or many years. You might be given persmission to stay a number
of weeks, a few months, or 6 months. The POE officer has the authority
to overrule all that and give you a different amount of time you are
able to stay.
Best Wishes,
Rene
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11-03-2006, 08:03 PM
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#6 (permalink)
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Re: B-2 before K-3
> I would say your answer will totally depend on how the interviewing
> officer phrases the question. If you actually do have wedding plans,
> and the officer specifically asks "do you have wedding plans?", well
> then...your answer would be yes. Only answer the specific question
> asked, offering no further information until prompted.
>
>
> Hiring a lawyer would be up to you, but ultimately the decision will
> be up to the officer interviewing you. You might want to have a 1-
> time consultation with a lawyer, just to ask any basic questions and
> get his opinion.
>
>
> I'm not 100% sure, but a visitor's visa can be valid for 6 months, a
> year, or many years. You might be given persmission to stay a number
> of weeks, a few months, or 6 months. The POE officer has the
> authority to overrule all that and give you a different amount of time
> you are able to stay.
>
> Best Wishes,
> Rene
If it helps at all... The only person I know who has a visitor's visa
for the US (well, the only person who has a visitor's visa I know
anything about, anyway) is a Hungarian friend who got hers at the
Embassy in London - they gave her a ten year multiple-entry one. I'm
pretty sure she's not allowed to stay for more than 90 days on any given
visit, though (which would make sense...) and could be refused entry
just the same as anyone using the VWP if immigration intent was
suspected at the POE...
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11-03-2006, 09:03 PM
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#7 (permalink)
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Re: B-2 before K-3
> If it helps at all... The only person I know who has a visitor's visa
> for the US (well, the only person who has a visitor's visa I know
> anything about, anyway) is a Hungarian friend who got hers at the
> Embassy in London - they gave her a ten year multiple-entry one. I'm
> pretty sure she's not allowed to stay for more than 90 days on any
> given visit, though (which would make sense...) and could be refused
> entry just the same as anyone using the VWP if immigration intent was
> suspected at the POE...
Thank you everyone. I may be blowing this out of proportion, as my
fiance has contacted the visa services twice and both times they replied
it should be ok as long as I bring all evidences of intending to return
to the UK.
Rene, I will keep in mind about giving answers as the question is
phrased.
If there is anyone who has had a similar experience, I would love to
hear about it.
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11-03-2006, 09:45 PM
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#8 (permalink)
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Re: B-2 before K-3
Rete,
DS-156? Or is there some supplemental form that is used in London
along with DS-156 for B visas?
Regards, JEff
Rete wrote:
>
> I've not seen the questionnaire that you fill out for the B-2 visa but I
> was under the impression it asks about your marital status. Don't lie
> on the form.
>
> ....
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11-04-2006, 08:20 AM
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#9 (permalink)
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Re: B-2 before K-3
My wife is right now detained, waiting to be removed. If we had not
married before she left US, for the *second time*, she would have been
able to come 'visit' me again without this nonsense. How does marrying
someone suddenly imply one is going to not follow law and not return
within the allowed time?
I find it sarcastically funny how the US is essentially discouraging
people from marrying by not allowing spouses to enter with a B2 visa.
What happened to pursuit of happiness? Very appropriate the
abbreviation on USCIS letters is NATZ. service. The US government has
become a homewrecker. Too bad there is nothing I can do but wait.
Whoever made this law? Who hates immigrants so much? Maybe I should
have waited before posting this since I'm probably being emotionally
rash and will regret saying this later... In fact I'm sure this is just
a temporary feeling of desperation. *sigh*
Maybe some others will read this and plan better to make sure they
don't experience the same problems.
And what's with the strictness? They don't even allow me to visit her
while she is being held.
Thank you for letting me vent.
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