crg

Might be worth a trip over for a quick marriage and then go straight for the immigrant visa instead of the K1. The K seems to be a visa used to enter and then file a bunch of additional paperwork before getting a green card with restricted travel while pending. The immigrant visa results in a green card and ability to travel in a pinch at entry.

Noorah101

You can certainly write and complain. Nothing will get resolved in time for your current situation, though.

Rene

Noorah101

I agree. If possible, the Immigrant Visa is a better way to go, with less hassle in the long run.

The OP will have to look into what it takes to get married in The Netherlands.

Rene

Scoutlad

Would it make sense for him to re-interview for the B-2 with additional evidence? (detailed itinerary, proof of funds for trip, my sponsorship of him, etc?) Is there any harm in interviewing again and not getting approved, other than the loss of the application fee? It sounds like we already lost the ESTA approval, so no harm there.

civilservant

There is no harm, however any second application is highly unlikely to be successful without a substantial change in his circumstances.

Noorah101

He can only try. There's no guarantee the interviewing officer will look at the additional evidence he submits or brings along, though. Nothing to lose but the application fee, anyway.

I don't think showing your sponsorship of him (not sure what that means, exactly) is a good idea, as it shows a tie to the USA rather than a tie to the Netherlands. What he has to overcome is the presumed intent to immigrate.

Rene

Scoutlad

Okay, so I shouldn't say that I will sponsor him? (by that, I meant provide him with housing and food when he's here)

These are the documents he presented today:

- letter from me saying he will stay with me for the duration and much of his housing/food costs are covered.
- a copy of his bank statement showing >11,000 Euros to cover additional trip expenses.
- proof of medical insurance during his stay.
- letter from his bank showing good credit history

These are the additional documents he plans to obtain and present:

- letters from his mother and grandmother saying why his return is so important to the family, and also a letter from his sister saying he is Best Man in her wedding this summer.
- detailed itinerary of his daily activities during the 5 month stay.
- letter from his employer describing his length of employment and that he will return to work after the trip.
- letter from his university indicating he is almost finished with his degree but several more exams/courses are needed to finish.

Do you think these documents are sufficient proof from what you have heard/experienced? Would you recommend any additional documentation? Also, can you give any insight into things to say to convince them beyond all doubt he plans to return home (or things not to say)?

Thanks again for all your help!

Noorah101

It would have been MUCH better if he had presented the letters from his employer and university at his first interview, and not the "sponsorship" letter from you. The way he presented it, he has a love interest in the USA, and no strong reason to return to the Netherlands.

All he can do is try again, there is just no way to predict how it will turn out. There is nothing he can really say or do, other than to show a better scenario than he did the first time (assuming the ConOff will even look at it). There is no way to prove anything "beyond all doubt". Ultimately it will be up to the ConOff.

Something to avoid saying (although since he already presented your sponsorship letter, kind of too late now) would be that he has a USC love interest that he plans to marry someday. Avoid saying he has any plans or intent to immigrate or move to the USA.

He's already got a strike against him because he wanted to stay in the USA longer than the usual 90-day limit of the VWP. Most real tourists do NOT stay (or cannot stay) that long. They have jobs to get back to, school to attend, responsibilities that prevent them from being away from home longer than 90 days. Five months is a very long time for an employer to hold a position open for someone, that already looks suspicious to the average ConOff.

The letters from his mother/grandmother/sister will be of no use. Everyone who immigrates to the USA leaves family behind.

Rene

Scoutlad

I should mention that the sponsorship letter I wrote for him did not discuss our relationship, but just stated that I would provide free housing and food for him. He also didn't mention his relationship with me during the interview.

That is a good point about the employer and university letters though. We'll make sure those are presented first next time.

civilservant

That probably didnt help, since concealing it may well have made the officer (who already had suspicions) believe that he had other intent.

Scoutlad

I guess I'm confused about this then. He was applying for a tourist visa, and from what I've read, you shouldn't mention anything that makes it sound like he would want to stay in the U.S. Having a relationship with me certainly seems like a reason to want to stay, and in fact, the purpose for his trip is purely tourism. He wasn't asked about who he was staying with and never had a chance to show my letter. So, how might this have further hurt his situation? We're not trying to be deceptive, but these visas seem so specific and any additional information we provide could lead to a denial, right?

Eric S

I just want to clarify a couple of points here, since no one has mentioned them.

1. You can do a K-1 or CR1 for your partner, but only if you are a US citizen. You haven't specifically said that you are.

2. If you do a K-1 or CR1, the outcome is that your partner will be a permanent resident of the US (ie. he will get a green card). That means he is supposed to live in the US. You initially said he just wanted to visit.

3. Yes, with the demise of DOMA, gay couple can now sponsor their partners for marriage-based visas. But only if you live in a state that allows gay marriage.

- Eric S.

Nutmegger

You have to start looking at this from the point of view of an immigration official who possibly has two to three weeks vacation a year. He will wonder just how binding is the tie to a job that permits an employee to go on vacation for five months, and, for the same reason, just how involved your friend is with his studies. It also indicates that there is no full-tiime commitment to either the job or the studies.

Scoutlad

[QUOTE=Eric S;11057163]I just want to clarify a couple of points here, since no one has mentioned them.

1. You can do a K-1 or CR1 for your partner, but only if you are a US citizen. You haven't specifically said that you are.

Yes, I am a natural US citizen.

2. If you do a K-1 or CR1, the outcome is that your partner will be a permanent resident of the US (ie. he will get a green card). That means he is supposed to live in the US. You initially said he just wanted to visit.

He wants to live with me ultimately and marriage is something we have discussed. To be honest, we would prefer to have some time living together to assess our "fit" and all that, but as others have said, it seems really difficult to have more than 90 days together.

3. Yes, with the demise of DOMA, gay couple can now sponsor their partners for marriage-based visas. But only if you live in a state that allows gay marriage.

I live in New York State, so I think it is possible here.

Eric S

Yes, a lot of people who come on here have the same idea. But ultimately realize that the marriage-based route is by far the easiest way to be together. So they accelerate their plans a little bit.

If you do decide to go for the marriage based route, note that there is a separate forum on here for that.

- Eric S.