Tourist Visa: Important Questions

[leoidiarte 2]

Hello guys,

I'll try to be very clear and objective. my wife, my daughter and I have plans to go to America next year to go in her sister's wedding and also visit her reatives. I am Brazilian and my wife is an American citizen and our daughter has dual citizenship. I married my wife last year (March/2012 in the United States). I entered in the United States with a K1 visa (fiancee visa) and married her in due time as the visa/consulate said.

I left the U.S. with my family and came to live in Brazil again before you even enter the AoS process and have the GreenCard. Anyway, plans changed and we had to go back, but before I left the U.S. I went to USCIS to make sure this does not give me any trouble in the future and an officer of the USCIS said that I would not have any problems leaving the United States even not have finished the process K1.

Next year, as I said, we're going to the U.S. to visit her family and this important event of her sister. I was wondering if I would have any problem in applying a tourist visa? I know that the American consulate has the principle of thought that everyone who will visit the United States is a potential immigrant. What is definitely not my case, since I did not want to end the process and I have no plans in the short / medium term live there because I have work, college in my country and my wife is already employed in Brazil.

I know I can enter the United States with a visa called IR-1, but this is an immigrant visa and as I said and I repeat again, I have no plans to live in the United States, only visiting her family (which now is also my family). Anyway, I think that was it!

I ask for your help guys!

Best regards.

Leandro

[CaroSL 68]

Hello!

You shouldn't have any problem. Gather up proof of ties to brazil: your employment, your wife's, show them that your daughter is registered in school, if you own your place, show them this too, if you don't bring your lease or something. Anything you can think of that shows ties to Brazil. I am pretty sure there are many threads on VJ on what to gather up.

[leoidiarte 2]

Hello!

You shouldn't have any problem. Gather up proof of ties to brazil: your employment, your wife's, show them that your daughter is registered in school, if you own your place, show them this too, if you don't bring your lease or something. Anything you can think of that shows ties to Brazil. I am pretty sure there are many threads on VJ on what to gather up.

Hi, thanks CaroSL!

Definitely! My question is more focused on the problem of me being married to a U.S. citizen and if it could create me a problem. What I do not believe nor have any sense of it as well.

I've heard stories, but without any factual basis they may deny your visa with the assumption that you would be going to live, so you should come with a proper visa IR1/CR1 and others of the same genre. But what I do not understand this whole story is: why should I get a request for an immigrant visa to VISIT and then leave the U.S. again? it does not make any sense, doesnt?

[CaroSL 68]

Hi, thanks CaroSL!

Definitely! My question is more focused on the problem of me being married to a U.S. citizen and if it could create me a problem. What I do not believe nor have any sense of it as well.

I've heard stories, but without any factual basis they may deny your visa with the assumption that you would be going to live, so you should come with a proper visa IR1/CR1 and others of the same genre. But what I do not understand this whole story is: why should I get a request for an immigrant visa to VISIT and then leave the U.S. again? it does not make any sense, doesnt?

No, it doesn't... I totally understand your concern. I don't think you should apply for a immigration visa with no intention of immigrating. The proof that you don't want to leave your country should be enough, right?

[leoidiarte 2]

No, it doesn't... I totally understand your concern. I don't think you should apply for a immigration visa with no intention of immigrating. The proof that you don't want to leave your country should be enough, right?

Perfect. You got it right! Obviously I'll need to say all this with the consul at my interview, but I hope it really is not a problem.

[amituttam82 5]

As the previous poster said. You need proof of your intent to not overstay your tourist visa. You should take at a minimum wedding invitation, letter from relative asking you to attend, proof of job in Brazil, proof of lease/home ownership, proof of enrollment in school college for you or your dependants in Brazil. Recent bills that you are paying like electricity for your home/apartment. Proof of leave that you have taken in writing from manager, hr person. I would recommend taking more than one piece of proof. As many as you can gather. Be open about your intentions and previous history. There is a good chance they will know more than you would think and they will try to test you on your truthfullness. I have had this experience with US immigration officers. They want to know at the least that you are a truthful person.

Edited June 6, 2013 by amituttam82

[leoidiarte 2]

As the previous poster said. You need proof of your intent to not overstay your tourist visa. You should take at a minimum wedding invitation, letter from relative asking you to attend, proof of job in Brazil, proof of lease/home ownership, proof of enrollment in school college for you or your dependants in Brazil. Recent bills that you are paying like electricity for your home/apartment. Proof of leave that you have taken in writing from manager, hr person. I would recommend taking more than one piece of proof. As many as you can gather. Be open about your intentions and previous history. There is a good chance they will know more than you would think and they will try to test you on your truthfullness. I have had this experience with US immigration officers. They want to know at the least that you are a truthful person.

For sure. It's somewhat understandable. I left the United States when I had the chance to have the GreenCard in my hands, it's a great indication that I did not want to live that much in the United States. I married my wife for what it is, for what she represents to me as a human being and infinitely by our love. Not to live in the United States. Visit her family is part of our life and my right. I hope everything goes right.

[Merrytooth 5,748]

I found you a successful case here.

http://www.visajourney.com/forums/topic/305452-b2-visa-question-for-spouse-of-us-citizen/

Wish you good luck.

[Shiobhan 235]

I would stress the point that I was approved for K1 got there realized

I DONT care to live there permanently, and moved back home , of course

with your wife and kid...also thake proof of ties in Brazil...that should

prove it

[CaroSL 68]

For sure. It's somewhat understandable. I left the United States when I had the chance to have the GreenCard in my hands, it's a great indication that I did not want to live that much in the United States. I married my wife for what it is, for what she represents to me as a human being and infinitely by our love. Not to live in the United States. Visit her family is part of our life and my right. I hope everything goes right.

It is incredible how easily people think we marry to get a GC... At a job interview, I got ask if it was a real marriage. Apparently they had an employee that got her status by marriage, but it was a fake and she was deported... (so I guess there are reasons why they are asking that. It is still very strange to be asked it you are in a marriage of love at a job interview)

Anyway, this is not the subject, I know. Sry about that. I just totally agree that it is a pain to have to explain that no, we didn't marry americans because we wanted to live in the US, but because we are in love.

I hope they don't harrass you at the interview. good luck!

[Harsh_77 718]

As long as you can show you have strong ties to Brazil and have no intentions of entering the US as tourist and file for AOS, you should not have any problem in getting a B1/2.

Same things which applies to other tourist, property, job, school etc would be required to show you have strong ties in Brazil.

[leoidiarte 2]

I would stress the point that I was approved for K1 got there realized

I DONT care to live there permanently, and moved back home , of course

with your wife and kid...also thake proof of ties in Brazil...that should

prove it

Who dont/didnt care? We had some issues that made us to move to Brazil, which befits not explain the VJ. As an officer of the USCIS said: life changes, plans change. You do what best for you at the moment and no one can judge you.

As long as you can show you have strong ties to Brazil and have no intentions of entering the US as tourist and file for AOS, you should not have any problem in getting a B1/2.

Same things which applies to other tourist, property, job, school etc would be required to show you have strong ties in Brazil.

Thats right.

[amituttam82 5]

I know this off topic but it really makes me mad that the US immigration is so harsh. It might have made sense 10 years ago when the rest of the world was very very poor but now even in countries with poverty there are so many oppurtunities. We don't need to immigrate anymore. That's the truth. The only reason to do so now is education, career and love. Not survival and a chance at a better life. You can have a better life staying right at home. Wish the US would catch up to reality of the world and its place in it already! Ok sorry...done with screed! LOL

Edited June 6, 2013 by amituttam82