B-2 visa can screw up a future K-1?

[roykirk]

I've heard that you want to avoid a B-2 visa for a girlfriend to visit the U.S. because it can interfere with a future K-1.  If this is true, does anyone know why this is?  My girlfriend is considering a B-2 to come visit (which I think she would probably have a decent chance of getting) but I want to advise her against it if it could ruin any potential chance at a future K-1.  Thoughts?

[Jet]

Never heard of such a thing! Filing for a B-2 while a K-1 is pending is not advisable, but even a B-2 denial based on sec.245 (presumption of immigrant intent) would not harm a later K-1

[roykirk]

Maybe that was the context I had heard it, that if she was turned down for a B-2 that it might harm the chances of a future K-1.  Good to know that it isn't true.

[Ronnie]

I'm confused.  Why would previous travel to the states or anywhere else interfere with a K-1?  The reasons for denial of a K-1 have nothing to do with immigration intent.  Immigration is the whole point of the K-1...she's traveling to marry and then stay permanently!

She can really only be denied if she's committed a crime, has a communicable disease or is found to be ineligible to marry.

[roykirk]

Yeah, it probably doesn't make sense to the more experienced people.  It was just something I had read so I wanted to see if it was true or not.  ;-)

[William3rd]

A b2 will only interfere with a K if there was fraud in the processing, criminal activity in the US, or substantial periods of overstay while in B status.

[AnastassiaAsh]

Well, immigration intent has to do with all visitor or tourist visas into the US. But I still wouldn't say at the K1 interview: "Immigration is the whole point of the K-1...she's traveling to marry and then stay permanently!"

In reality of course a woman will stay there but that wouldn't and shouldn't be her primary reason, or it is better to make a stress on 'marrying her fiance' and following him wherever he lives, and it happens to be the US.

I personally don't look at this as 'immigration'. People who immigrate come mostly to work here or after their relatives. But I personally didn't immigrate here, I came to be with my fiance/husband, to make him happy. USCIS calls it K1 non-immigrant visa.

[Blues Fairy]

I've heard that you want to avoid a B-2 visa for a girlfriend to visit the U.S. because it can interfere with a future K-1. 
Thoughts?

Not true.  I had a B-1/2 and traveled to the US on it while K-1 was in process.  No problem whatsoever.  When my passport arrived with K-1 in it, I saw my B-1/2 "cancelled without prejudice".

In reality of course a woman will stay there but that wouldn't and shouldn't be her primary reason, or it is better to make a stress on 'marrying her fiance' and following him wherever he lives, and it happens to be the US.
USCIS calls it K1 non-immigrant visa.

K-1 is called non-immigrant visa but treated as an immigrant visa and its purpose is eventual immigration.  The primary reason for K-1 should be eventual immigration; the primary reason for immigration should be marrying you fiance; otherwise it's fraud.  Don't confuse the purposes here, Anastassia.