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  • B2 Tourist Visa

    I have a rather complex question and would appreciate some input and advise.

    After many trips to the US for competitions, traveling on the VWP, I had a lapse in judgment and missed getting out of the country by 12 hours..upon returning from my short trip, I was denied entry to the US and was sent back to Australia.(not deported, just not allowed in)

    I was advised by a USCIS official to seek a P1 Visa, which would accommodate my needs. I set about and proceeded to do so and received the P1 Visa without a problem.
    I have been in the USA on two P1 Visa for the past 12 years...after successfully applying for extensions. I have been working in a reasonably specific field whilst pursuing my competition aspirations.

    My petitioner has applied for, but has since been denied the request for another P1. USCIS determined that I was there more as a worker, than as a competitor..and the benefit was more to the employer than the beneficiary and that may be so.

    Over the course of these many years, a relationship has developed between myself and the lady who was my sponsor.
    I have left the US as to not fall foul of the law. Ultimately, we are desirous to marry and my fiancee is about to start the petitioning process again..K1
    .

    My questions are simple,
    1- Would it be conceivable to think that I might be granted a H2 Travel Visa to visit my fiancee and participate in several of the major events I normally compete in whilst in the country.
    2 - How do I demonstrate that I am "legitimate" and not prepared to jeopardise the prospects of being approved for the K1 Visa.

    I am appreciative of the opportunity to present my case and thank you in advance for any information which you might provide.

    Cheers

  • #2
    Maybe you were denied the B1 Business Visa because it appears that you want to stay in the USA long term or permanently, but B1 visas are for 1)You plan to remain for a specific limited period of time, or 2) You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit.

    You mentioned the H-2 visa program, which allows workers to take temporary jobs in the USA (emphasis on temporary). To get an H2 visa you must 1) find a company in the U.S. in need of temporary workers, and 2) have the U.S. employer apply for a petition from U.S. Citizenship and Immigration Services before scheduling workers for visa appointments.

    Hope this helps.

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    • #3
      1) H-2 visas are subject to award by lottery, because there are so many more petitions filed than there are visas available
      2) K-1 is a pretty straightforward process - you're both legally free to marry, you have both met each other before, and you are not statutorily inadmissible. Your immigrant intent is disregarded. They do not scrutinize your relationship at this stage

      Comment


      • #4
        Originally posted by inadmissible View Post
        2) K-1 is a pretty straightforward process - you're both legally free to marry, you have both met each other before, and you are not statutorily inadmissible. Your immigrant intent is disregarded. They do not scrutinize your relationship at this stage
        Thanks, the K1 appears to be the best option..time will tell...thanks

        Comment

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