Question for Ingo
Dec 10th 2003, 4:32 am
#1
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Question for Ingo
I have valid H-1B status and have been working for my company for about 15 months now. I have not been back to the UK to get my visa stamp as yet. My fiancee is here with me at the moment on a VW, having been denied a B2 for failing to show home ties.
When she came, she got a tough time from the official, but he did allow her entry until the end of January. However he did tell her it would be the last time she could use VW (fiancee is a UK citizen too btw). To further complicate matters, we are both going through the divorce process, and anticipate being free to marry in April. We want to do everything strictly legally, so we're resigned to the fact she has to leave the US at the end of January. We are both going to find that heartbreaking, at least three months apart. So, to my question: would she be able to apply for a B2 when she returns to the UK, citing the reason as coming here to marry me? Since we could not marry until April, how soon before that would she be able to come to the US?
Clutching at straws maybe.....but would appreciate your advice.
Thanks for listening.
When she came, she got a tough time from the official, but he did allow her entry until the end of January. However he did tell her it would be the last time she could use VW (fiancee is a UK citizen too btw). To further complicate matters, we are both going through the divorce process, and anticipate being free to marry in April. We want to do everything strictly legally, so we're resigned to the fact she has to leave the US at the end of January. We are both going to find that heartbreaking, at least three months apart. So, to my question: would she be able to apply for a B2 when she returns to the UK, citing the reason as coming here to marry me? Since we could not marry until April, how soon before that would she be able to come to the US?
Clutching at straws maybe.....but would appreciate your advice.
Thanks for listening.
Dec 10th 2003, 1:24 pm
#2
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Re: Question for Ingo
"JulianB" <member10859@british_expats.com> wrote in message
news:[email protected]...
> I have valid H-1B status and have been working for my company for about
> 15 months now. I have not been back to the UK to get my visa stamp as
> yet. My fiancee is here with me at the moment on a VW, having been
> denied a B2 for failing to show home ties.
> When she came, she got a tough time from the official, but he did allow
> her entry until the end of January. However he did tell her it would be
> the last time she could use VW (fiancee is a UK citizen too btw). To
> further complicate matters, we are both going through the divorce
> process, and anticipate being free to marry in April. We want to do
> everything strictly legally, so we're resigned to the fact she has to
> leave the US at the end of January. We are both going to find that
> heartbreaking, at least three months apart. So, to my question: would
> she be able to apply for a B2 when she returns to the UK, citing the
> reason as coming here to marry me? Since we could not marry until
> April, how soon before that would she be able to come to the US?
I'm not Ingo but he would reply that planning to marry an H-1B visa holder
and afterwards changing to H-4 is a valid reason for applying for a B-2
visa.
Since an H-4 allows immigration intent, showing home ties shouldn't be an
issue in this case.
news:[email protected]...
> I have valid H-1B status and have been working for my company for about
> 15 months now. I have not been back to the UK to get my visa stamp as
> yet. My fiancee is here with me at the moment on a VW, having been
> denied a B2 for failing to show home ties.
> When she came, she got a tough time from the official, but he did allow
> her entry until the end of January. However he did tell her it would be
> the last time she could use VW (fiancee is a UK citizen too btw). To
> further complicate matters, we are both going through the divorce
> process, and anticipate being free to marry in April. We want to do
> everything strictly legally, so we're resigned to the fact she has to
> leave the US at the end of January. We are both going to find that
> heartbreaking, at least three months apart. So, to my question: would
> she be able to apply for a B2 when she returns to the UK, citing the
> reason as coming here to marry me? Since we could not marry until
> April, how soon before that would she be able to come to the US?
I'm not Ingo but he would reply that planning to marry an H-1B visa holder
and afterwards changing to H-4 is a valid reason for applying for a B-2
visa.
Since an H-4 allows immigration intent, showing home ties shouldn't be an
issue in this case.
Dec 10th 2003, 3:58 pm
#3
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Posts: 380
Re: Question for Ingo
Thank you for your reply, it confirms what I thought about her being able to apply for the B-2 and not have to show home ties. However, where I am unclear is in regard to the allowable time frame between her arriving here and our getting married. As I said, we anticipate marrying in April, so what view would be taken by the embassy in her applying for a visa with the intent to come here at the beginning of February?
Once again, thank you for taking the time to reply, it is very much appreciated.
Once again, thank you for taking the time to reply, it is very much appreciated.
Dec 11th 2003, 9:07 pm
#4
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Posts: n/a
Re: Question for Ingo
"JulianB" <member10859@british_expats.com> wrote in message
news:[email protected]...
> Thank you for your reply, it confirms what I thought about her being
> able to apply for the B-2 and not have to show home ties. However, where
> I am unclear is in regard to the allowable time frame between her
> arriving here and our getting married. As I said, we anticipate marrying
> in April, so what view would be taken by the embassy in her applying for
> a visa with the intent to come here at the beginning of February?
I don't think that would be much of an issue. She should just make sure the
immigration officer at the POE gives her enough time in B-2 status (they are
allowed to give up to 6 months) at the POE to make it through the wedding
and the moment you receive the receipt notice from the filing of the C/S
from B-2 to H-4.
news:[email protected]...
> Thank you for your reply, it confirms what I thought about her being
> able to apply for the B-2 and not have to show home ties. However, where
> I am unclear is in regard to the allowable time frame between her
> arriving here and our getting married. As I said, we anticipate marrying
> in April, so what view would be taken by the embassy in her applying for
> a visa with the intent to come here at the beginning of February?
I don't think that would be much of an issue. She should just make sure the
immigration officer at the POE gives her enough time in B-2 status (they are
allowed to give up to 6 months) at the POE to make it through the wedding
and the moment you receive the receipt notice from the filing of the C/S
from B-2 to H-4.
Dec 12th 2003, 7:51 pm
#5
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Re: Question for Ingo
Hi Julian,
Sorry for bringing you the bad news: your fiancee will most likely be
denied B2 if she tells them about the intention to marry in the United
States. Here's why:
1) You are an H1-B, which quietly assumes immigration intent. How is she
going to prove absence of such intent? Remember, the burden of proof is
on her, and the consular office does not even have to give a specific
reason for a B2 denial.
2) Worse, she has already been denied a B2 once. That means that the
next time she applies, she will be expected to address the reasons for
denial that she was given the last time. That is, make an improved
presentation of home ties. Mentioning the impending divorce and marriage
would destroy such a presentation.
On the other hand, trying to get a B2 would not hurt. Apply and reapply
until they give you the visa.
Now, really bad news: horrifying experiences of a couple of my
colleagues demostrate that your fiancee would be better off getting in
the U.S. before marrying you: a State Department directive instructs
consulates to be extremely prejudicial in approving H4, F2, J2, etc.,
cases where the duration of the marriage had been less that two years.
They are watching out for arranged marriages, which are apparently
common in some parts of the world (I personally see nothing bad in that
custom).
Keshi
JulianB wrote:
> I have valid H-1B status and have been working for my company for about
> 15 months now. I have not been back to the UK to get my visa stamp as
> yet. My fiancee is here with me at the moment on a VW, having been
> denied a B2 for failing to show home ties.
>
> When she came, she got a tough time from the official, but he did allow
> her entry until the end of January. However he did tell her it would be
> the last time she could use VW (fiancee is a UK citizen too btw). To
> further complicate matters, we are both going through the divorce
> process, and anticipate being free to marry in April. We want to do
> everything strictly legally, so we're resigned to the fact she has to
> leave the US at the end of January. We are both going to find that
> heartbreaking, at least three months apart. So, to my question: would
> she be able to apply for a B2 when she returns to the UK, citing the
> reason as coming here to marry me? Since we could not marry until
> April, how soon before that would she be able to come to the US?
>
> Clutching at straws maybe.....but would appreciate your advice.
>
> Thanks for listening.
Sorry for bringing you the bad news: your fiancee will most likely be
denied B2 if she tells them about the intention to marry in the United
States. Here's why:
1) You are an H1-B, which quietly assumes immigration intent. How is she
going to prove absence of such intent? Remember, the burden of proof is
on her, and the consular office does not even have to give a specific
reason for a B2 denial.
2) Worse, she has already been denied a B2 once. That means that the
next time she applies, she will be expected to address the reasons for
denial that she was given the last time. That is, make an improved
presentation of home ties. Mentioning the impending divorce and marriage
would destroy such a presentation.
On the other hand, trying to get a B2 would not hurt. Apply and reapply
until they give you the visa.
Now, really bad news: horrifying experiences of a couple of my
colleagues demostrate that your fiancee would be better off getting in
the U.S. before marrying you: a State Department directive instructs
consulates to be extremely prejudicial in approving H4, F2, J2, etc.,
cases where the duration of the marriage had been less that two years.
They are watching out for arranged marriages, which are apparently
common in some parts of the world (I personally see nothing bad in that
custom).
Keshi
JulianB wrote:
> I have valid H-1B status and have been working for my company for about
> 15 months now. I have not been back to the UK to get my visa stamp as
> yet. My fiancee is here with me at the moment on a VW, having been
> denied a B2 for failing to show home ties.
>
> When she came, she got a tough time from the official, but he did allow
> her entry until the end of January. However he did tell her it would be
> the last time she could use VW (fiancee is a UK citizen too btw). To
> further complicate matters, we are both going through the divorce
> process, and anticipate being free to marry in April. We want to do
> everything strictly legally, so we're resigned to the fact she has to
> leave the US at the end of January. We are both going to find that
> heartbreaking, at least three months apart. So, to my question: would
> she be able to apply for a B2 when she returns to the UK, citing the
> reason as coming here to marry me? Since we could not marry until
> April, how soon before that would she be able to come to the US?
>
> Clutching at straws maybe.....but would appreciate your advice.
>
> Thanks for listening.
Dec 13th 2003, 12:20 am
#6
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Joined: Apr 2003
Location: San Francisco,USA.
Posts: 380
Re: Question for Ingo
Now I'm really confused. I really did believe it was possible to apply for a B2 with the specific intent described, and adjust status to H4 thereafter.
Dec 13th 2003, 1:31 am
#7
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Posts: n/a
Re: Question for Ingo
Takeshi Furuyashiki wrote:
> 1) You are an H1-B, which quietly assumes immigration intent.
No, it does not.
H1 _allows_ immigration intent.
-Joe
> 1) You are an H1-B, which quietly assumes immigration intent.
No, it does not.
H1 _allows_ immigration intent.
-Joe
Dec 15th 2003, 6:24 pm
#8
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Re: Question for Ingo
I guess I'm not going to get a definitive answer to my original question then.
Dec 15th 2003, 9:48 pm
#9
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Posts: n/a
Re: Question for Ingo
"JulianB" <member10859@british_expats.com> wrote in message
news:[email protected]...
> Now I'm really confused. I really did believe it was possible to apply
> for a B2 with the specific intent described, and adjust status to H4
> thereafter.
You were right.
The trouble is, this isn't written in stone anywhere as far as I know.
news:[email protected]...
> Now I'm really confused. I really did believe it was possible to apply
> for a B2 with the specific intent described, and adjust status to H4
> thereafter.
You were right.
The trouble is, this isn't written in stone anywhere as far as I know.
Dec 15th 2003, 9:50 pm
#10
Guest
Posts: n/a
Re: Question for Ingo
> Takeshi Furuyashiki wrote:
> 1) You are an H1-B, which quietly assumes immigration intent.
No, it does not.
H1 _allows_ immigration intent.
-Joe
"JulianB" <member10859@british_expats.com> wrote in message
news:[email protected]...
> I guess I'm not going to get a definitive answer to my original
> question then.
Joe just wanted to point out that applying for an H-1B/H-4 visa does not
=assume= you want to immigrate, it =allows= for you to want to immigrate.
This distinction doesn't make your case any different though! :-)
> 1) You are an H1-B, which quietly assumes immigration intent.
No, it does not.
H1 _allows_ immigration intent.
-Joe
"JulianB" <member10859@british_expats.com> wrote in message
news:[email protected]...
> I guess I'm not going to get a definitive answer to my original
> question then.
Joe just wanted to point out that applying for an H-1B/H-4 visa does not
=assume= you want to immigrate, it =allows= for you to want to immigrate.
This distinction doesn't make your case any different though! :-)
Dec 16th 2003, 6:45 pm
#11
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Posts: n/a
Re: Question for Ingo
"JulianB" <member10859@british_expats.com> wrote in message
news:[email protected]...
> Now I'm really confused. I really did believe it was possible to apply
> for a B2 with the specific intent described, and adjust status to H4
> thereafter.
The Foreign Affairs Manual specifically allows B-2 to be used for a person
to enter the U.S. to marry a person in nonimmigrant status. See Foreign
Affairs Manual, Volume 9, section 41.31 notes, N11.1-2. The FAM is
available through http://foia.state.gov/REGS/Search.asp.
The B-2 applicant still has to show nonimmigrant intent. In other words,
she, as the H-4 holder, and the H-1B holder, will eventually leave the U.S.
at the end of the temporary stay, and return to their home country. See the
words "who establish a residence abroad to which they intend to return." So
this is not a slam dunk. But it is specifically permitted.
news:[email protected]...
> Now I'm really confused. I really did believe it was possible to apply
> for a B2 with the specific intent described, and adjust status to H4
> thereafter.
The Foreign Affairs Manual specifically allows B-2 to be used for a person
to enter the U.S. to marry a person in nonimmigrant status. See Foreign
Affairs Manual, Volume 9, section 41.31 notes, N11.1-2. The FAM is
available through http://foia.state.gov/REGS/Search.asp.
The B-2 applicant still has to show nonimmigrant intent. In other words,
she, as the H-4 holder, and the H-1B holder, will eventually leave the U.S.
at the end of the temporary stay, and return to their home country. See the
words "who establish a residence abroad to which they intend to return." So
this is not a slam dunk. But it is specifically permitted.
Dec 16th 2003, 8:36 pm
#12
Forum Regular
Joined: Dec 2003
Location: sheffield
Posts: 55
Re: Question for Ingo
Originally posted by JulianB
I have valid H-1B status and have been working for my company for about 15 months now. I have not been back to the UK to get my visa stamp as yet. My fiancee is here with me at the moment on a VW, having been denied a B2 for failing to show home ties.
When she came, she got a tough time from the official, but he did allow her entry until the end of January. However he did tell her it would be the last time she could use VW (fiancee is a UK citizen too btw). To further complicate matters, we are both going through the divorce process, and anticipate being free to marry in April. We want to do everything strictly legally, so we're resigned to the fact she has to leave the US at the end of January. We are both going to find that heartbreaking, at least three months apart. So, to my question: would she be able to apply for a B2 when she returns to the UK, citing the reason as coming here to marry me? Since we could not marry until April, how soon before that would she be able to come to the US?
Clutching at straws maybe.....but would appreciate your advice.
Thanks for listening.
I have valid H-1B status and have been working for my company for about 15 months now. I have not been back to the UK to get my visa stamp as yet. My fiancee is here with me at the moment on a VW, having been denied a B2 for failing to show home ties.
When she came, she got a tough time from the official, but he did allow her entry until the end of January. However he did tell her it would be the last time she could use VW (fiancee is a UK citizen too btw). To further complicate matters, we are both going through the divorce process, and anticipate being free to marry in April. We want to do everything strictly legally, so we're resigned to the fact she has to leave the US at the end of January. We are both going to find that heartbreaking, at least three months apart. So, to my question: would she be able to apply for a B2 when she returns to the UK, citing the reason as coming here to marry me? Since we could not marry until April, how soon before that would she be able to come to the US?
Clutching at straws maybe.....but would appreciate your advice.
Thanks for listening.
Dear Julian
I am in the same situation as your fiancee was. I have been refused a B2 due to inexperience on my part!, what did immigration make your fiancee produce to prove she would return, it is reassuring that she got through, i need to know what to expect!
Cheers
Gazmix
Dec 16th 2003, 8:44 pm
#13
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Thread Starter
Joined: Apr 2003
Location: San Francisco,USA.
Posts: 380
Re: Question for Ingo
Originally posted by gazmix
Dear Julian
I am in the same situation as your fiancee was. I have been refused a B2 due to inexperience on my part!, what did immigration make your fiancee produce to prove she would return, it is reassuring that she got through, i need to know what to expect!
Cheers
Gazmix
Dear Julian
I am in the same situation as your fiancee was. I have been refused a B2 due to inexperience on my part!, what did immigration make your fiancee produce to prove she would return, it is reassuring that she got through, i need to know what to expect!
Cheers
Gazmix
She is here under the VW until the end of January. She came the day after her B2 refusal, and was questioned severely at immigration. She was allowed in, but told that she would no longer be admitted under VW in the future, hence my asking the question. When she applied for B2, she did not cite the reason as coming here to marry me, and was denied for not showing sufficient ties to the UK.
Julian.
Dec 16th 2003, 9:01 pm
#14
Forum Regular
Joined: Dec 2003
Location: sheffield
Posts: 55
Re: Question for Ingo
Originally posted by JulianB
I have valid H-1B status and have been working for my company for about 15 months now. I have not been back to the UK to get my visa stamp as yet. My fiancee is here with me at the moment on a VW, having been denied a B2 for failing to show home ties.
When she came, she got a tough time from the official, but he did allow her entry until the end of January. However he did tell her it would be the last time she could use VW (fiancee is a UK citizen too btw). To further complicate matters, we are both going through the divorce process, and anticipate being free to marry in April. We want to do everything strictly legally, so we're resigned to the fact she has to leave the US at the end of January. We are both going to find that heartbreaking, at least three months apart. So, to my question: would she be able to apply for a B2 when she returns to the UK, citing the reason as coming here to marry me? Since we could not marry until April, how soon before that would she be able to come to the US?
Clutching at straws maybe.....but would appreciate your advice.
Thanks for listening.
I have valid H-1B status and have been working for my company for about 15 months now. I have not been back to the UK to get my visa stamp as yet. My fiancee is here with me at the moment on a VW, having been denied a B2 for failing to show home ties.
When she came, she got a tough time from the official, but he did allow her entry until the end of January. However he did tell her it would be the last time she could use VW (fiancee is a UK citizen too btw). To further complicate matters, we are both going through the divorce process, and anticipate being free to marry in April. We want to do everything strictly legally, so we're resigned to the fact she has to leave the US at the end of January. We are both going to find that heartbreaking, at least three months apart. So, to my question: would she be able to apply for a B2 when she returns to the UK, citing the reason as coming here to marry me? Since we could not marry until April, how soon before that would she be able to come to the US?
Clutching at straws maybe.....but would appreciate your advice.
Thanks for listening.
Dear Julian
I understand this, but what did she have to produce to immigration at the airport, i was denied for the same reason (214b), i'm working on more proofs but i thought i'd ask you out of interest as your fiancee has gone through it
Cheers
Gazmix
Last edited by gazmix; Dec 16th 2003 at 9:12 pm.
Dec 16th 2003, 9:36 pm
#15
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Joined: Apr 2003
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Posts: 380
Re: Question for Ingo
Originally posted by gazmix
Dear Julian
I understand this, but what did she have to produce to immigration at the airport, i was denied for the same reason (214b), i'm working on more proofs but i thought i'd ask you out of interest as your fiancee has gone through it
Cheers
Gazmix
Dear Julian
I understand this, but what did she have to produce to immigration at the airport, i was denied for the same reason (214b), i'm working on more proofs but i thought i'd ask you out of interest as your fiancee has gone through it
Cheers
Gazmix
It's a lottery mate....you need to understand that. With a denial, you will certainly be sent to secondary immigration. There, she wasn't asked to produce documentation, she just told her story and they believed her. Equally, they could have sent her home, there and then. Point is, you take that chance after a denial, what you may be asked to produce will vary from officer to officer.
Julian.