Tourist Visa while on a K-1?

[AKguy 1]

Hello all!

I have a question. I am about to file for the K-1 application and I would like to know if my fiancee can apply for a tourist visa from Russia while the K-1 paperwork is being processed?

Story goes. She'd like to visit for a couple 3 months in July or August and I SHOULD be filing the K-1 paperwork in a couple of weeks.

From what I have been reading it's not entirely easy for a young Russian gal to get a tourist visa as it is, not to mention she's engaged to the USC she's about to visit.

Any reports from the field on this type of situation? I'd rather not wait to file the K-1 just to increase the chances of her being successful in getting the other visa... Though it would be really nice for the company... but I'm looking at the big picture down the road that I don't want to stretch out farther.

Advice?

Thanks!

[Hell0W0rld 10]

your fiancee needs to show proof that she will go home after she is finished touring. proof includes, letter from employer, mortgage, or other bills that would need her to be there personally.... because the K-1 has intent, it will be difficult for her to get a tourist visa.

[Badgerella 5]

One of my B2 applications was outright denied because we had our K1 pending. Any and all other proof of ties to Croatia were completely ignored.

Anything is (im)possible, though. If you can spare $131, it's most definitely worth a try.

[AKguy 1]

Did you inform them that you had a K-1 pending and will they be able to find that out if you don't tell them?

To have her here for 3 months I would be willing to spend the $131.

[slim 1,530]

Hold off on K-1 and make sure she's coming "on a visit" or "on a tour." Also, make sure she has a valid reason to go back to Russia - school, work, property ownership, etc.

Or, just do the K-1 and hold off on her visit. It doesn't take that long and "big picture" if you have her come visit then go back, in theory her K-1 could be approved in about the same time and she can come here permanently.

[AKguy 1]

So I have been letting this role around in my head for awhile now, and I have come up with this idea.

Full disclosure.

She explains in her interview exactly what the purpose of this tourist visit is and also that we have a pending K-1. We know the rules and punishment if we were to try and defraud the system and we have no intention of doing that. She will come in at such and such date and leave on such and such date. Provide the best ties to her country that she can come up with. Etc.

I would be willing to write up something to this extent and have it notarized and have her bring it with her to the interview. She can get flustered when answering questions in English in rapid succession. Point is to let them know that we are aware of the law and don't want to break it.

Yes we COULD wait until the K-1 is approved, but could there really be harm done if she tries to come visit as long as we're honest?

Thanks for the replies!

[WalkonWildSide 0]

Yes we COULD wait until the K-1 is approved, but could there really be harm done if she tries to come visit as long as we're honest?

Thanks for the replies!

If you have the money to spend for the visa and airline tickets. No harm no foul. If she does get a tourist visa denied, I am thinking that it won't hurt your K1 chances.

The annectodal evidence has been that the USA has become less stringent about the approval process for tourist visas. YMMV

Best of luck to you.

[Neonred 3,641]

So I have been letting this role around in my head for awhile now, and I have come up with this idea.

Full disclosure.

She explains in her interview exactly what the purpose of this tourist visit is and also that we have a pending K-1. We know the rules and punishment if we were to try and defraud the system and we have no intention of doing that. She will come in at such and such date and leave on such and such date. Provide the best ties to her country that she can come up with. Etc.

I would be willing to write up something to this extent and have it notarized and have her bring it with her to the interview. She can get flustered when answering questions in English in rapid succession. Point is to let them know that we are aware of the law and don't want to break it.

Yes we COULD wait until the K-1 is approved, but could there really be harm done if she tries to come visit as long as we're honest?

Thanks for the replies!

Just this week my step-daughter received a tourist visa (we currently have a I-130 immigration visa processing for her). I did just as you suggested in a written invitation letter although I am not sure if it helped at all. My step-daughter arrived here almost three years ago using a K-2 visa but left a few months later to continue her university education. Two years ago she tried for a J-1 student work and travel visa but was denied. I learned then through correspondence with the embassy that you must be up front and initiate the conversation about any pending visa petitions.

She did say that there were three other girls interviewing for tourist visas at the same time and they were all denied. I'm guessing that your fiance will have a VERY difficult time being approved no matter what ties to Russia she shows.

One other note, my step-daughter said that all people interviewing for tourist visas were speaking Russian during their interview and although she is fluent in English she spoke in Russian too.

Good luck to you.

Just wanted to add that my step-daughters main ties to Russia are an apartment and registration in an advanced degree university program.

Edited May 16, 2009 by Neonred

[AKguy 1]

I greatly appreciate the replies!

Neonred, did you also do the affidavit of support with the invitation? Care to paraphrase the invitation letter for content? I'll take all the help I can get.

My SO, who we'll call Anna, because that's her name, has some decent ties back to Russia as well. She's due back to the university to teach and also finish up some exams to get a PhD, owns a car and flat and a little chunk of property. (great head on her shoulders for sure) So I think the ties to the motherland will be strong... I hope.

Anyway, good deal on her making it over!

[Neonred 3,641]

I greatly appreciate the replies!

Neonred, did you also do the affidavit of support with the invitation? Care to paraphrase the invitation letter for content? I'll take all the help I can get.

My SO, who we'll call Anna, because that's her name, has some decent ties back to Russia as well. She's due back to the university to teach and also finish up some exams to get a PhD, owns a car and flat and a little chunk of property. (great head on her shoulders for sure) So I think the ties to the motherland will be strong... I hope.

Anyway, good deal on her making it over!

AKguy

I am not home now, but when I get back Sunday I will PM you with the letter I sent and anything else I can think of.

No, we did not do an affidavit of support, but did indicate in the invitation letter that we would be taking care of all expenses if I remember correctly.

[AKguy 1]

I am not home now, but when I get back Sunday I will PM you with the letter I sent and anything else I can think of.

No, we did not do an affidavit of support, but did indicate in the invitation letter that we would be taking care of all expenses if I remember correctly.

Thank you!

[Old Dominion 26]

I greatly appreciate the replies!

Neonred, did you also do the affidavit of support with the invitation? Care to paraphrase the invitation letter for content? I'll take all the help I can get.

My SO, who we'll call Anna, because that's her name, has some decent ties back to Russia as well. She's due back to the university to teach and also finish up some exams to get a PhD, owns a car and flat and a little chunk of property. (great head on her shoulders for sure) So I think the ties to the motherland will be strong... I hope.

Anyway, good deal on her making it over!

Those are pretty strong ties, plus she is an academic and they do a lot of global travel. Only the pending K-1 would get in the way. In any event, could one of the people she wants to visit be the one to extend an invitation? No sponsorship is needed, just the statement that all her expenses will be covered by (the one who invites).

[AKguy 1]

Those are pretty strong ties, plus she is an academic and they do a lot of global travel. Only the pending K-1 would get in the way. In any event, could one of the people she wants to visit be the one to extend an invitation? No sponsorship is needed, just the statement that all her expenses will be covered by (the one who invites).

I would be the one inviting her. Is there a difference between an invitation and sponsorship? I don't mind doing an AOS, but I know other people would be seriously leery of doing one.

[AKguy 1]

Those are pretty strong ties, plus she is an academic and they do a lot of global travel. Only the pending K-1 would get in the way. In any event, could one of the people she wants to visit be the one to extend an invitation? No sponsorship is needed, just the statement that all her expenses will be covered by (the one who invites).

I would be the one inviting her. Is there a difference between an invitation and sponsorship? I don't mind doing an AOS, but I know other people would be seriously leery of doing one.

... I realized my own mistake. AOS = Affidavit of Support, not adjustment of status.

[baron555 934]

No, AOS is Adjustment of Status.

Afficavit of Support is called Affidavit of Support