LadyJinx

Thank you again, I only said him as he's the one in the US so figured it would be easier! thank you for the link, I'll look into this.

Michael

You aren't making it anymore complicate by applying for a B2 visa but possibly primarily disappointment if it is denied. As materialcontroller stated, the CIMT could possibly be a petty offense exception which shouldn't require a waiver but then they may deny the visa if you can't demonstrate strong ties to the UK but if you had documentation such as a letter from your employer to indicate that you will return to work on such a date, a signed lease, and any other documentation that may possibly help to indicate strong ties, your chances of approval increase. Unfortunately getting approval for a B2 visa is usually harder than getting approved through ESTA.

A person that can use the visa waiver program when using ESTA doesn't have to prove strong ties but should also bring similar documentation with them in case the POE officer questions them since the K-1 is in progress. However, most that use the visa waiver program with a K1 in progress don't have a problem at the POE and visit their fiancé during the process.

ian-mstm

Which is more important... seeing your partner or seeing where you'll be living. I'm guessing the former is more important. In that case, why don't the two of you just meet up in Canada? It'll solve your B-2 visa issue, won't impact the K-1 at all, and you'll be able to see him.

Ian

LadyJinx

Thank you, the meeting up somewhere else was the other option we were looking at if the first was too much of a PITA!

jeffreyhy

That would depend on why the B-2 is denied. If for the common reasons of 'lack of ties' or lack of finances, then no. But if for the CIMT, then yes that same reason will come into play for the K-1 visa.

Regards, JEff

Michael

I agree but she original stated when referring to the CIMT "whilst I have been told that it shouldn't be a huge issue", I'm not sure where she got that advice since if a waiver is required, that will likely cause a significant delay for approval of the K-1 visa. A lot of conflicting information provided by her since her 8 month approval could possibly be 12 months or more. I suppose that could be considered not a "huge issue" but if she expects to have her visa in hand in 8 months, she may possibly be disappointed.

LadyJinx

Apologies, I did not receive a notification of your reply. I was told that my caution shouldn't be a major issue by a member on here but also by an immigration lawyer online who said that I could do a waiver although "it's probably an over-shot" so I took that to mean that I probably wouldn't need one but from your response it appears that I was incorrect so do you think this is necessary?

Noorah101

You will be told at your visa interview whether you need a waiver or not. You probably won't know for sure until then.

Rene

LadyJinx

Thank you so much, I will try to stop stressing about it then!

Michael

The lawyer may not think it is a big deal if you have to file a waiver and wait an additional few months since it doesn't affect his life and he is paid more to file the waiver. USCIS also doesn't seem to think that waiting 8-10 months to get a marriage based visa is a big deal since it doesn't affect them.

All you can do is grin and bear it.

LadyJinx

Thank you, I'm trying to not stress about it but it's the uncertainty that's driving me mad! I'm sure that's what everyone goes through though, the worry of "what if the visa is denied"

Speedwell

Even those of us with clean, straightforward cases worry that there will be some stumble in the database or the consular official won't like the cut of the intending immigrant's jib. Worry does nothing to help and costs you your mood and energy, so don't indulge. At least that's what I'm saying to myself in the run-up to my husband's interview in just over a couple weeks from now!

LadyJinx

Thank you, I hope your husband's interview goes well