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My situation is complicated but I'll try to be as brief and specific as possible. (Here are the links to my previous posts related to this same issue: http://www.immihelp.com/forum/showth...a-tourist-visa and http://www.immihelp.com/forum/showth...o-relationship )
I am natural-born American citizen living in Vietnam with my Vietnamese girlfriend/fiance of over 3 years. We intend to remain in Vietnam and our intention was to only visit the US before we married. In December 2014 she applied for a B2 and was denied due to insufficient financial ties (and she did not mention her strong familial ties). In July 2016, she applied again for a B2 but (I assume) was denied due to our relationship. Her financial ties were stronger, she had visited Singapore, South Korea, and Japan, but the interview ended with 3 questions (2 of which were about me). The consulate officer did not even look at financial documents. So instead we went to Europe for 3 weeks in August 2016, for which she applied for and was granted a Schengen visa. Visiting the US before the wedding is not possible now; we are holding the ceremony early next year. But we desperately want to visit together soon. Since we failed at a B2 twice, my original posts were more about whether it's advisable to apply for K1 fiance visa, legally marry within the US, then NOT file for an Adjustment of Status and return to Vietnam before the 90 day K1 expiration. I can find no definite answer on whether this is allowed without penalty.
However, I want to ask for your suggestions if you were in my shoes. Since it seems the most recent B2 was denied because of our relationship, the assumption the consulate officer made was that we would marry in the US using the B2. It's safe to assume that another B2 application would be denied, even though her passport is now stronger (Singapore, Korea, Japan and Europe). But what is your opinion if we apply for a B2 after the wedding and legal marriage in Vietnam? The consulate officer's original assumption is now moot (even though, of course we must disprove immigration assumptions). Do you think the chances of B2 approval are better or worse if we legally marry in Vietnam?
I am natural-born American citizen living in Vietnam with my Vietnamese girlfriend/fiance of over 3 years. We intend to remain in Vietnam and our intention was to only visit the US before we married. In December 2014 she applied for a B2 and was denied due to insufficient financial ties (and she did not mention her strong familial ties). In July 2016, she applied again for a B2 but (I assume) was denied due to our relationship. Her financial ties were stronger, she had visited Singapore, South Korea, and Japan, but the interview ended with 3 questions (2 of which were about me). The consulate officer did not even look at financial documents. So instead we went to Europe for 3 weeks in August 2016, for which she applied for and was granted a Schengen visa. Visiting the US before the wedding is not possible now; we are holding the ceremony early next year. But we desperately want to visit together soon. Since we failed at a B2 twice, my original posts were more about whether it's advisable to apply for K1 fiance visa, legally marry within the US, then NOT file for an Adjustment of Status and return to Vietnam before the 90 day K1 expiration. I can find no definite answer on whether this is allowed without penalty.
However, I want to ask for your suggestions if you were in my shoes. Since it seems the most recent B2 was denied because of our relationship, the assumption the consulate officer made was that we would marry in the US using the B2. It's safe to assume that another B2 application would be denied, even though her passport is now stronger (Singapore, Korea, Japan and Europe). But what is your opinion if we apply for a B2 after the wedding and legal marriage in Vietnam? The consulate officer's original assumption is now moot (even though, of course we must disprove immigration assumptions). Do you think the chances of B2 approval are better or worse if we legally marry in Vietnam?
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