Getting a tourist visa while applying for a K1 visa

[Nikkosan 127]

Thanks for chiming in, Jay, I appreciate it.

I understand what you're saying, and completely agree with you; very unfortunate, but the reality of things nonetheless!

I lived in the States for four years while I got my BS and completed OPT. Unfortunately, before securing my student visa, I had another F1 visa denied (hence no more VWP for me). Even at that time, I was already in a relationship with a USC (the one and only), and after my first negative experience at the US Embassy in Rome, I assured the CO that I had NO intention whatsoever to live illegally in a country with no rights, when I could live anywhere in Europe with a EU passport (that I waved at him!).

If I didn't have the need to apply for a tourist visa, I would definitely request my ESTA and fly to the US (always being very clear and honest with whomever I would have in front of me). Sadly, I do need a visa now, and truly wish I could get it, so that I could go back "home" before returning to Italy for my K1 interview. After all, home is where the heart is, isn't it?

Once again, thank you for taking the time to answer.

[Kysie & Niall 0]

Some years ago when I was already applying for a K3 for my Colombian wife we tried to apply for a Tourist Visa but it was denied, but again this was after we had applied for K3. Now the Embassy and USCIS will say that the two visas are "independent." However, the K3 shows intent to emigrate to the USA, so the Tourist visa "appears" to them as an attempt to take a short cut which is not permitted no matter how much you state they will return and continue with the K3 process even if you have work, family including children in their home country. Also, by-the-way, if they believe you have obtained a Tourist Visa and then you apply for K1 or other visa leading to immigration, they could potentially see that as a fraudulent action and one or both of you could be given a very hard time including a fine or prison sentence and of course no chance in the future for the K1, so please be very careful about this. Talk with a lawyer maybe. I asked a lawyer about our case and they told me the Tourist Visa would be denied and he was right.

Best of luck on your journey I know it is very difficult to be apart

[kari.m 0]

Some years ago when I was already applying for a K3 for my Colombian wife we tried to apply for a Tourist Visa but it was denied, but again this was after we had applied for K3. Now the Embassy and USCIS will say that the two visas are "independent." However, the K3 shows intent to emigrate to the USA, so the Tourist visa "appears" to them as an attempt to take a short cut which is not permitted no matter how much you state they will return and continue with the K3 process even if you have work, family including children in their home country. Also, by-the-way, if they believe you have obtained a Tourist Visa and then you apply for K1 or other visa leading to immigration, they could potentially see that as a fraudulent action and one or both of you could be given a very hard time including a fine or prison sentence and of course no chance in the future for the K1, so please be very careful about this. Talk with a lawyer maybe. I asked a lawyer about our case and they told me the Tourist Visa would be denied and he was right.

Best of luck on your journey I know it is very difficult to be apart

Thank you, that was a very insightful answer. I was also wondering about that. So maybe if have/get a tourist visa, terminating it before you start the procedure for the K-1 will be the best way to go then?

[pumpkinseed 10]

Kari,

I'll give you my honest opinion. If I were you, I would go straight to the K1 visa. I did the same thing you are planning on doing - I was just out of college, I wanted to see my fiance (now husband) again before we apply for a K1, so I applied for a non-immigrant visa first. I was denied. They are very vigilant about young people in this situation, because a lot of them stay in the USA. Then in the end I regretted not going for the K1 right away, because I wasted time for the non-immigrant visa application that could well be used waiting for the K1 to be approved.

Good luck! PM me if you have any questions for me.

[kari.m 0]

Kari,

Would you please let me know how it goes for you? I have also been giving this some serious thoughts!

To everyone else, I understand the requirements for the "strong ties" to one's country, but I just don't understand why anyone would "overstay" when they can go back to their own country (once they have an interview date) and go through with the process. Where's the catch?

Hello,

If anyone is still following this post, I managed to get a tourist visa (hooray, it was long overdo!). Quite recently I wrote to the US Embassy in Sofia asking if I needed to do about my still active tourist visa before starting the K1 procedure. They replied that the visa should not influence my petition to get an engagement visa, so I don't need to do anything about it. But, I guess, it'd be wise to consult with an US Embassy in your respective country just in case.

Cheers

[czechchick 0]

This very helpful forum to read. Thank you