Applying for tourist visa while married to US CITIZEN???

[Velvety 4]

I'm a US citizen that will soon marry my brazilian boyfriend in January IN Brazil. Our plan was to have our wedding in the US while he was on a tourist visa. However, his tourist visa was denied and after giving it much thought we decided NOT to file for a fiance visa because it would take too long. Now we will have to marry in Brazil. Once we are married, does anyone know if he applies for a tourist visa once again if it will be approved? Given that hes married to a US citizen anyway? Our plan is to live here in Brazil and only travel to the US for our honeymoon and meet my family. Any info would be greatly appreaciated.

Edited November 24, 2011 by Velvety

[canadian_wife 1,827]

First question, why was the tourist visa denied?

To answer your question with limited info, no one can tell if he'll be approved. Being married to a USC heightens the immigrant intent aspect that he'll have to overcome and yes, he'll have to declare it when he applies

What are his ties to Brazil?

good luck

[Dan & Jenni 457]

i would imagine that being married to a USC would make a tourist visa even harder to get

[Velvety 4]

They will never tell you why a visa gets denied. We think its because he's young, never traveled outside of his country and has a sister in the US.

[canadian_wife 1,827]

They will never tell you why a visa gets denied. We think its because he's young, never traveled outside of his country and has a sister in the US.

So a sister and a (soon to be) wife in the US, the immigrant intent is heavy. Again, what ties does he have to Brazil to combat the immigrant intent? What ties did he already show but deemed insufficient?

Good luck

Edited November 24, 2011 by canadian_wife

[Penguin_ie 5,996]

Usually it is harder when there is a USC spouse, but it can also work in your favour. If you have lots of ties to Brazil yourself, submit them with his next tourist visa app, to show you will both return.

[Ning 619]

I'm a US citizen that will soon marry my brazilian boyfriend in January IN Brazil. Our plan was to have our wedding in the US while he was on a tourist visa. However, his tourist visa was denied and after giving it much thought we decided NOT to file for a fiance visa because it would take too long. Now we will have to marry in Brazil. Once we are married, does anyone know if he applies for a tourist visa once again if it will be approved? Given that hes married to a US citizen anyway? Our plan is to live here in Brazil and only travel to the US for our honeymoon and meet my family. Any info would be greatly appreaciated.

We were told that under no circumstances would a tourist visa be issued to anyone married to a USC. They further said even if someone had such a visa they wouldnt be granted entry at the POE. I was denied 3 times as I tried to comply with the rules.

Study the strongest ties rule to better understand why the first attempt failed. It isnt about a sister in the USA, rather the requirement to prove beyond doubt he would return.

Keep in mind he has demonstrated the desire to immigrate already. The previous denial coupled with the future plans will cause a denial if another tourist visa is attempted.

[souleymon 27]

Advisable not to seek tourist visa,after u r engaged.it doesnt help.

Its best u wait after petitioning for him

[Boiler 46,012]

We were told that under no circumstances would a tourist visa be issued to anyone married to a USC. They further said even if someone had such a visa they wouldnt be granted entry at the POE. I was denied 3 times as I tried to comply with the rules.

Study the strongest ties rule to better understand why the first attempt failed. It isnt about a sister in the USA, rather the requirement to prove beyond doubt he would return.

Keep in mind he has demonstrated the desire to immigrate already. The previous denial coupled with the future plans will cause a denial if another tourist visa is attempted.

I am sure that would be the situation in your type of case, but I am also sure that at at a time like now there are tens of thousands of spouses of USC's travelling to the US as visitors.

[Ning 619]

I am sure that would be the situation in your type of case, but I am also sure that at at a time like now there are tens of thousands of spouses of USC's travelling to the US as visitors.

The OP says she will soon marry. That will make her case very similar to mine & fit the criteria that I described as explained by the embassy officer.

You have knowledge of tens of thousands of cases where they have issued tourist visas to people married to USCs. Those people are in route to the US?

What advise would you offer to the OP so they can obtain just one of the tens of thousands? How should they present the case to succeed? He couldnt get a tourist visa before he was married as we see. So you believe he can after they marry? I hope you are right but it would be nice to know exactly what they should do.

[Boiler 46,012]

I have never met a spouse of a USC who has not been able to travel to the US. Is that typical, obviously not.

In this case all I really know is the refused visa already, so the chances of a change in result without anything materially positive happening is doubtful.

I do know the chances if you do not apply.

[JCCJ 0]

I'm a US citizen that will soon marry my brazilian boyfriend in January IN Brazil. Our plan was to have our wedding in the US while he was on a tourist visa. However, his tourist visa was denied and after giving it much thought we decided NOT to file for a fiance visa because it would take too long. Now we will have to marry in Brazil. Once we are married, does anyone know if he applies for a tourist visa once again if it will be approved? Given that hes married to a US citizen anyway? Our plan is to live here in Brazil and only travel to the US for our honeymoon and meet my family. Any info would be greatly appreaciated.

If you're going to get married and live in Brazil, maybe you should file CR-1 and wait for approval. I don't think they'll ever give him a toursit visa being married to a US citizen.

That's what I would do if I were you.

Consider it an opinion. I'm not a speciaist

[Velvety 4]

Can someone explain to me what the difference between the K-3 and the CR1 is??? They seem similar.

[JCCJ 0]

Can someone explain to me what the difference between the K-3 and the CR1 is??? They seem similar.

An immgration lawyer told me and I've read on VJ K3 visas are no longer being issued.

You can find some info here

CR-1/ IR-1

[yachachiq12 43]

You really have to try again in order to determine if it will be possible. As others here have said, it can sometimes work in your favor. I have a friend married to a Peruvian. They're young, have no properties, little income. They got approval for a tourist visa for him right after they married in Peru. They live in Peru and just want to travel back and forth to see family. They showed that through their joint ties to Peru such as jobs, house lease, a dog, etc.

Bottom line: there are no hard and fast rules about this but the burden is on you to make it work out in your favor.