B2 Visa Qualifications

[Silas Oliver Farro]

Background: my fiance has been coming from Germany to the USA under the VWP. He'd stay for a little less than 90 days, then I'd fly him home for a week or weekend and he'd come back. We have been doing this since June. This last trip he was denied reentry because back in September he accidentally overstayed by 2 days.

We really can't wait the 5 months to a year for the k1 visa that we are currently working on, my grandmother has had a massive stroke and we were counting on him being able to come back and help. He is no longer eligible for the VWP so we were hoping he could get the B2. Here is what we've got to work with:

1. He doesn't have a job anymore because of basically living here.
2. He lives with his parents, brother and his sister in law. His parents are both disabled and need care.
3. His grandfather in Poland is currently in hospital with kidney failure.
4. I can sponsor him, I make a little over $22k/yr.

I figure his family is enough ties to the country? I feel like he could say he quit his job to take care of his parents until his father is recovered enough to go back to work. Plus, with his sick grandfather, why would he overstay?

He has traveled to 9 different countries.

Here are my questions:

What's the best thing for him to say regarding why he's coming? To help care for my grandmother? To visit his girlfriend? To plan our wedding? Just tourism?

Is it bad if he mentions that we are filing for a K1? I thought that would be good proof that he's coming back to Germany because he'd have to in order to have his exam and interview for the K1.

Is it okay that he requests to stay the full 6 months?

Does he have any type of chance of getting approved? I don't know if familial ties are enough, even if he is a caretaker.

If they flip through his passport and see how much he has been here, is that bad?

Does his being denied reentry effect his chances of getting this visa, even if it was something minor? He never overstayed any of the times after September.

I just want to go about this the best way for him to be able to succeed. Any advice would really help.

[inadmissible]

A review of his travel history will reveal that he essentially lives with you in the United States despite his relationship to his family back home. As such, his ties to his parents/sister isn't credible evidence of his ties to his residence abroad. Yes, his previous denial of admission will weigh against him in future applications for admission to the United States. He should still apply for a tourist visa because he has little to lose by applying, and the benefit of the doubt granted to residents of countries with low historical rates of visa violations. That said, you should be prepared for the fact that the K-1 process might be his only avenue of returning to the United States

[Silas Oliver Farro]

A review of his travel history will reveal that he essentially lives with you in the United States despite his relationship to his family back home. As such, his ties to his parents/sister isn't credible evidence of his ties to his residence abroad. Yes, his previous denial of admission will weigh against him in future applications for admission to the United States. He should still apply for a tourist visa because he has little to lose by applying, and the benefit of the doubt granted to residents of countries with low historical rates of visa violations. That said, you should be prepared for the fact that the K-1 process might be his only avenue of returning to the United States

Do you think it speaks to his benefit that even though he has been here a lot, he has stayed within legal bounds and returned each time like he's supposed to? (Aside from that 2 day mishap four months ago.)

I don't even know what reason he should give for coming back. I don't know if it's bad to mention the k1 and that we are wedding planning.