Fiancé visa expired, applying for a tourist visa HELP NEEDED

[Dare_Do 3]

Hello everybody,

My gf and I have a very long story: we went through the whole K1 process, she got the visa and we broke up afterwards (she was going to get her masters in Switzerland), needless to say she didn't come over after that. Her visa expired at the end of April, a while ago we realized that we've made a mistake and now we desperately want to be together, going through the hell of a fiancé visa isn't an option this time (last time it took nearly a year...) so she's thinking about applying for a tourist visa. But we have so many doubts about it!

First of all, she obviously still has K1 in her passport. Secondly, she was once refused a tourist visa two years ago, but at that time she didn't reveal that she was going to see me.

About her: a good job at the international company (4 months by now), stable job history before that, 3 Swiss tourist visas for the last 6 months, swiss student visa application pending with a stamp about it in passport. At the interview she's going to say she's going on vocation to NYC (I live in VA) before the beginning of her studies in October (papers from university and embassy available).

What are the chances of getting a tourist visa???

Please help!

[Andrea&Henry 311]

Basically, you're telling she is going to lie in order to get a tourist and inmigrate with which is absolutely illegal. I don't know if you see it, but you guys are not thinking wisely. I highly doubt that she is going to get a tourist visa after having an expire k1. What is she gonna answer when the CO ask her about it? I don't think she can get away with it. My best advice for you is do things right and legal. Persuing another k1 visa maybe is not the best route, but you can go to russia marry her and file the CR1.

[lost_at_sea 995]

You need to start over and refile the I-129f (or get married and file the I-130/CR-1 from abroad).

The K1 is expired, and she cannot come to the US on a tourist visa with intent to marry and stay.

What you are asking to do is commit visa fraud, which could result in her 10 year ban from the USA.

[NigeriaorBust 4,087]

The ban would be lifetime

[canadian_wife 1,827]

She is a young (assumption) girl from Russia, with an already expired tourist visa and immigrant intent (K-1) and a fiancé in the US. Her chances, in my opinion, are low.

What are your intentions? To have her come to the US and adjust status from a tourist visa? You aren't clear, what do you want to do?

good luck

[lost_at_sea 995]

She is a young (assumption) girl from Russia, with an already expired tourist visa and immigrant intent (K-1) and a fiancé in the US. Her chances, in my opinion, are low.

What are your intentions? To have her come to the US and adjust status from a tourist visa? You aren't clear, what do you want to do?

good luck

That's a very fair question. You're right the OP is not clear. If you would just like her to come visit as a tourist, then go home, then of course that is totally fine, but I agree it may be extremely difficult for her to get such a visa with her history so far.

If you want to settle eventually together in the US, then you should get back on the I-129f path or marry her in Russia (as her tourist visa looks unlikely) and get on the I-130 path.

[Boiler 45,981]

It may be quicker for you to be the one to move.

US system is slooooooooow.

[Penguin_ie 5,996]

I agree that even if she just wanted to visit and be a genuine tourist, it will be difficult for her to get a tourist visa due to her past. If you cannot travel to see her, why not meet in a third country, such as Mexico, where it may be easier for her to get a visa? Then if you are sure you want to be together after meeting again, file a new I-129F

[Dare_Do 3]

Hi guys!

We wanted to get her a tourist visa so that she could come here and to go consult a lawyer on the next step. I understand that if we get married while she's here on a tourist visa with her just staying here afterwards, getting a GC would be very difficult.

Plan A was: she comes here on a tourist visa, we get married, she goes back to Russia, we file the I-130.

Plan B: she comes here on a student visa for language courses, we get married, and she stays.

I just don't think that we can go through the fiancé visa process again, I want her here asap.

But I do realize that with the expired K1 in her passport it would be extremely difficult to get any non-immigrant visa. But at the same time, what if she just wanted to go travel around the country with no connection to me whatsoever, why should her past relationship affect her future life, ok we did the fiancé visa, realized that it was not going to work out, she didn't come, what's so wrong with that?

I think it must be clear for the CO that that visa was based on bona fide relationship and was not obtained due to immigrant intentions since she didn't use it afterwards.

God I'm so desperate right now....

[canadian_wife 1,827]

But I do realize that with the expired K1 in her passport it would be extremely difficult to get any non-immigrant visa. But at the same time, what if she just wanted to go travel around the country with no connection to me whatsoever, why should her past relationship affect her future life, ok we did the fiancé visa, realized that it was not going to work out, she didn't come, what's so wrong with that?

Nothing is wrong with that, you made your decisions that were best for you at the time.

However, it does show that she wants to live in the United States, she MUST overcome that if she is going to be granted any non-immigrant visa.

FYI - student visas are non-immigrant visas so the issues are still the same with a tourist visa, she CANNOT come on a non-immigrant visa with intentions of immigrating.

Why do you need her in the US to consult a lawyer? You can do that by yourself right? There is no ASAP in immigration. File the K-1 now and get the process moving.

good luck

[Dare_Do 3]

Nothing is wrong with that, you made your decisions that were best for you at the time.

However, it does show that she wants to live in the United States, she MUST overcome that if she is going to be granted any non-immigrant visa.

FYI - student visas are non-immigrant visas so the issues are still the same with a tourist visa, she CANNOT come on a non-immigrant visa with intentions of immigrating.

Why do you need her in the US to consult a lawyer? You can do that by yourself right? There is no ASAP in immigration. File the K-1 now and get the process moving.

good luck

So there's absolutely no way she can get a non-immigrant visa now?

And no we don't want to rush into immigration, this is why I'd want her to come here and stay with me for a month or so (not sure how this is going to work with her current job), so that we can see how things are working out, we haven't seen each other for almost a year by now and I just got into a new job so I can't travel within the following 6 months, and her coming here is the only way to change anything. We do not want to start the K1 process until we see each other and spend some time together.

[Boiler 45,981]

She is not an obvious candidate but to say no way would be pushing it.

She applies and sees.

[Lilly.Pon 1]

Not exactly your situation, but related. I had a 2-year B1/B2 visa that expired Feb13. I travelled to US numerous times on it, even after our petition (I-129F) was already filed and under review. When visa expired, I applied to renew it and I was denied (we didn't get NOA2 at that point). I assured the consul that we are not going to get married (attached a signed statement), because we want everything done legally, that's why we are waiting for K1. All I want is to visit my husband-to-be. The consul said if we want to meet, we can do it in the third country. My fiancé just moved to a new assignment at that point and didn't have any leave to travel, but that and the fact that we were apart for several months by that time - didn't mean a thing to a consul, and she refused my visa. This illustrates, in my opinion, that your GF doesn't have high chances of getting a tourist visa to come see you.

[Dare_Do 3]

Not exactly your situation, but related. I had a 2-year B1/B2 visa that expired Feb13. I travelled to US numerous times on it, even after our petition (I-129F) was already filed and under review. When visa expired, I applied to renew it and I was denied (we didn't get NOA2 at that point). I assured the consul that we are not going to get married (attached a signed statement), because we want everything done legally, that's why we are waiting for K1. All I want is to visit my husband-to-be. The consul said if we want to meet, we can do it in the third country. My fiancé just moved to a new assignment at that point and didn't have any leave to travel, but that and the fact that we were apart for several months by that time - didn't mean a thing to a consul, and she refused my visa. This illustrates, in my opinion, that your GF doesn't have high chances of getting a tourist visa to come see you.

Well that is understandable.

What if she doesn't say a word about me at the interview? Will that make her chances higher?

[Boiler 45,981]

No