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To Whom it May Concern:
I have previous filed a K1 visa for my fiancée to come to the USA. The visa was denied. I had completed an Extreme Hardship Wavier because of the type of employment I am engaged in. The denial letter, accepted the fact that I cannot leave my position of employment . The denial was based on the fact that I did not exhaust all possibilities for a face to face meeting with my fiancée. It also appears that the face to face meeting is not the primary issue. The primary issue is the fact that I did not exhaust all possibilities for a face to face meeting. In their response the United States Immigration Service said I needed to have my fiancée file for a B2 visa. They also said that and a denial of the B2 visa would not preclude a new filing of a K1 Visa.
My question is this: In your section concerning “Visitors Visa Overview” it states that the presumption in the law is that every visitor is an intending immigrant and they must overcome this presumption. The problem I am having is that in the B2 visa, my fiancée will need to state that she is coming to the USA to satisfy a face to face meeting. If such a visa would be granted, does that mean she has to return to her native country and await my filing of another K1 visa, or could we marry and I file for a green card. If marriage and applying for a green card is an option, will the Immigration Service see this an attempt to fraud the system, because in the B2 visa intention was for a face to face meeting and not marriage.
Thank you
Sincerely
Tom Cotton
I have previous filed a K1 visa for my fiancée to come to the USA. The visa was denied. I had completed an Extreme Hardship Wavier because of the type of employment I am engaged in. The denial letter, accepted the fact that I cannot leave my position of employment . The denial was based on the fact that I did not exhaust all possibilities for a face to face meeting with my fiancée. It also appears that the face to face meeting is not the primary issue. The primary issue is the fact that I did not exhaust all possibilities for a face to face meeting. In their response the United States Immigration Service said I needed to have my fiancée file for a B2 visa. They also said that and a denial of the B2 visa would not preclude a new filing of a K1 Visa.
My question is this: In your section concerning “Visitors Visa Overview” it states that the presumption in the law is that every visitor is an intending immigrant and they must overcome this presumption. The problem I am having is that in the B2 visa, my fiancée will need to state that she is coming to the USA to satisfy a face to face meeting. If such a visa would be granted, does that mean she has to return to her native country and await my filing of another K1 visa, or could we marry and I file for a green card. If marriage and applying for a green card is an option, will the Immigration Service see this an attempt to fraud the system, because in the B2 visa intention was for a face to face meeting and not marriage.
Thank you
Sincerely
Tom Cotton
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