anony_1

Hi,

I would like some advice as to what to do in my current immigration problem. I have made a huge error of judgement and it is clearly going to come back to bite me.

I made an application for a b2 visa, the reasons for travel were valid ie for tourism purposes. However, I declined to mention that I know someone in US, when I actually do. The reasons I didn't mention the person are personal. We started talking over the internet last year in May and we met this year in January. Fast forward a few months now, this person wishes to marry me and apply for a K visa. I think me not mentioning their name on the b2 visa application, which by the way, was refused anyway, will cause major problems. How do I get around this?

SultanOfSwing

B2 visas are designed for those who cannot travel on the Visa Waiver Program (this allows an up to 90 day stay in the US) or for those who need to travel for longer. You were likely denied because you were eligible for the VWP and therefore were not deemed to need the B2. A tourist under normal circumstances needing a longer than 90 day stay would probably raise a red flag or two.

I don't think this will affect your K1 application in any way though - just answer 'yes' to any question that asks if you were denied a visa in the past though.

The fact that you knew a US citizen at the time of your B2 and didn't mention it probably won't be an issue. If you're serious about marrying your fiance(e) then you should get the ball rolling by having them file the I-129F petition. Once this is approved, you will then be allowed to apply for the K1 through the US embassy in London. I don't think you not mentioning you knew them on the B2 is relevant, however.

I will ask this - have you been able to gain entry to the US, however many times, as a normal tourist under the VWP? If you have, and didn't overstay, then I think you should be OK. However, hang around for some more replies because there are others on the forum better informed than I.

One word of advice, your finishing statement 'how do I get around this' give the impression that you are looking to circumvent some immigration law or something like that. I'm sure that is not your intent but you sometimes have to watch your wording because we do get a lot of people who want to cheat the system in some way on here and it is not met with enthusiasm!

All I can say is, if you truly want to marry your fiance(e) and move to the USA to live then go for it, and be honest on all forms. You will have to invest a lot of time and money both before and after the K1 application in order to get out here and become a permanent resident so give it some thought. I hope I don't come across as being hard on you - I don't mean to be. I did the K1 and it is worth it in the end.

Good luck

scrubbedexpat099

Sounds like the Consulate got it right, I doubt if the K1 would fail because of that.

I do not think there is a requirment to mention people you may have met on the internet.

ian-mstm

No... it isn't clear at all.


Congratulations. Your prior B-2 issue will likely not be an issue for the K-1.


No, it won't.


There is nothing to "get around".

Ian

anony_1

Thank you very much for your responses.

SultanOfSwing I do apologise for not being clear regarding my intent to travel.

The B2 visa was to go for a holiday to US and return to UK after 7 days. I had absolutely no intention of remaining there because I have family residing in UK and they would not let me remain in US. This visit was purely to see what life is like in US before even attempting married life over there.

Given how the circumstances have changed and that my fiance and I are slightly annoyed over the fact that we're so far apart, he has decided to just apply for the fiancee visa and see what happens. At the end of the day, we just want to be together, so we know that we'll have to put up a strong case if it is necessary.

We could have applied for a fiancee visa instead of a b2, however, my parents would never have agreed for us to get married so soon as I am in the middle of university exams, hand in of essays etc etc so a fiancee visa would have probably made life more complicated for them.

My sole intention of moving to US is for my partner. He can't leave US because his mother has had cancer and tumour and she is still receiving treatment. On top of that he has a grandmother he is very close to. She is in her 90s so I'd rather not cause her distress by taking away one of her grandchildren. Then there is his career. He has everything in place. Asking him to move will cause alot of issues for his family and his life. One of us had to compromise and I just gave in. I have alot going for me in UK. I have a guaranteed job at the end of my degree and if I didn't get to US, I wouldn't lose out on any economical benefits or anything in particular but the man i'd like to get married to.



BOILER The consulate did make an incorrect decision. I would have to return to UK, unless I am planning on losing out on my family ties permanently. At the time of the application, all I could think of was how I could get married to someone from a country I have never visited, therefore a holiday was necessary. If I liked it there, I would return to UK and ask him to apply for a fiance visa. I have commitments here I can't just drop and walk away from. My decision to move there has been an emotional one. I am very sad to be leaving UK because this is really my home. But I like this guy and sometimes, we just have to go where our destiny takes us.

lifehouse51

I was pre-filling out the DS-160 online visa application form just now, and I don't think there was any question asking you about any friends/acquintances in the U.S. The most it asked were any immediate relatives (Parents, Children, Spouses/fiancees), and other relatives in the U.S. It also asked for one contact person in the U.S., who can be anyone from employer to relative.

I think you didn't know you didn't lie on the application at all!! (Yes, a double negative sentence)

SultanOfSwing

That's why the B2 was denied - you don't need a visa for a 7 day trip. You are eligible to travel visa free using the VWP.

This will not adversely affect a K1 application in any way I can think of. You do need to be sure you both meet in person before the I-129F is submitted because you need to prove you have physically met. For us we took pictures and I included a copy of my flight itinerary as well.

It can be you going there or your partner coming to the UK - doesn't matter but a physical meeting has to take place, unless you did end up travelling on the VWP after your B2 was denied - apologies if I missed that!

Anyway, the upside is you look to be good to go

anony_1

No I didn't. I just put down the details of the hotel and moved on..plus I didn't think it was necessary for me to even put his name down when the visit wasn't actually just for him. I have been completing a migraine of a degree for the last three years and I honestly needed a break as well. This trip was like killing several birds with one stone. I got to see the US, I get my holiday and I also get an accurate picture of what I am getting myself into.

Also, I don't think I mentioned this before but I am not a naturalised brit. My paperwork for naturalisation is going through now. I don't think I am comfortable leaving UK without the red passport, given how I was treated at the embassy.

anony_1

Oh I only have indefinite permanent residency in UK. I have been here for the last 12 years, so pretty much all of my teenage years have been spent in UK.

My fiance and I met in person in January. But we weren't technically engaged at that time because that was the first time we met in person so we were just getting to know each other.

SultanOfSwing

I did not realise you weren't yet a naturalized Brit. I'm not going to be nosy but I will assume you feel more comfortable emigrating as a Brit and not from your country of birth and/or your country of birth isn't on the VWP list. That is neither here nor there, since we have established that you should be good to go, even if you are waiting to get your Brit citizenship.

In the meantime, you have one physical meeting - OK it was not when you were engaged but it is a start. Now you can look to arrange a second one while you get ready to file just to add to your evidence. Actually it is your fiance who starts it off with the I-129F. Check the wiki for more information on the K1 process, and check in here for advice from the resident experts (I do not consider myself to be one, merely someone who has 'been there' and wants to offer his help).

I hope it all works out for you though. Looks like you have a bit of a wait for your British citizenship but stick around here and we can help you get through it all.

S Folinsky

Comment: The law has a presumption that an alien does not qualify for a non-immigrant visa. The key issue is whether or not the individual consular officer is satisfied if you qualify. If she is not convinced, then the denial is mandatory. By the way, the Immigration & Nationality Act states, in part, that the burden of proof on an applicant is often "beyond doubt." It is interesting to compare this with the burden of proof of a capital prosecution -- where the standard is but a mere "beyond reasonable doubt."

anony_1

He was here for a week; we met and talked everyday. The thing is, our religious and cultural backgrounds stop us from getting too close so even if he visits, we'd have to keep our distance from one another lol. It gets abit difficult because we talk on skype everyday and we see each other on webcam everyday. We know alot about each other but obviously not everything as we can only know everything after we get married. However, we both feel we know enough to get married.

And yes, I do feel more comfortable emigrating from UK than the other country. I have no ties there. I haven't been back for a very long time. UK is my home to be honest. As dreadful as the weather is, I love it here. And as sad as it might seem, I am having issues giving up the NHS I can write a book on how amazing my life has been here and had it not been for my fiance, I would never move to US. I cannot think of anything I could have gained there that I don't have over here. I felt really insulted by the consulate because she actually thought I would go there and not return..Why would anyone with a good degree, a guaranteed job, a good family, an excellent social life and a government which might not be perfect, but atleast looks after its people, leave all this behind and settle in a country where there would be none of this? If this isn't proof enough that I am only moving for a man and a marriage, I don't know what else would suffice...

anony_1

That satisfaction she required is totally subjective because I provided enough information for her to be pretty much convinced I would return. Unfortunately, she seemed like she was in a bad mood. She did not even wish to maintain eye contact with me, which I found very strange.

With regards to what the Act states, I see your point. I haven't actually looked at the legislation itself, there must be cases that help define the term "beyond doubt"...it would certainly help for people like myself when it comes to understanding what it takes to prove "beyond doubt" that we'd return to our countries of residence.

SultanOfSwing

I hear you, and I understand where you are coming from up to a point because I gave that all up too. However, you arrived in the UK from elsewhere and it looks like the life you lead in the UK means that much more to you as a result. To me, that does prove that you are moving for all the right reasons but then I'm a nice bloke - and you have to assume that the person vetting the applications isn't

I can also be respectful of your religious/cultural reasons for not getting close, and perhaps they can be taken into account. Really all you need is one or two photographs taken together, and records of plane tickets/inineraries or something showing one of you went to the other's country at that time. If it is not permissable for you two to be photographed together, then submit the tickets as evidence and provide an explanation as to why you do not have photographs. If a photo is not permissable then this may be a case where an immigration lawyer might have to be contacted. Your partner should probably do that in the US as he is the one filing the I-129F, where this evidence is required. Of course, you do have to supply an intent to marry letter, and in this you can include some explanation of your obstacles.

My then fiancee and I had only one meeting ourselves at the time of filing, and we were fine.

I truly wish you the best of luck though, you are giving up a lot to be with this man, and you should be commended on your bravery because the US can be a hard place to adjust to. But there's plenty of us (myself included) who have been through that as well and we lived to tell the tale.

I hope I have been of some help to you

anony_1

Thank you very much for that little bit of confidence. I suppose I am just worried that they will ask why I didn't put him on the any persons I know in US, list in the B2 application. I honestly did not think it was even necessary to supply his details.

I think I will be able to cope with the rest of the hurdles because I know my reasons for getting married to him are genuine. I have no need for a green card lol If he lived in Zimbabwe, i'd move there..