Tourist Visa - Will it Affect her parent's legal status?

[Lili&Will 0]

Hello,

My fiance and I are about to start an application for a K-1 Visa. Two questions:

She wants to apply for a B2 visa to visit her parents whom live in the US (they came to the US on tourist visas 10 years ago, now expired) They will be working on their paperwork to get their green cards in the near future. Will applying for a tourist visa affect her parent's legal status? My fiance lived with her parents until she graduated high school three years ago.

Second question, how will this affect our application for for a K-1 visa?

Her family is from Mexico and she is currently attending college there.

Any insight is appreciated! Thank you,

~William

[RhettVoe 282]

One never knows....when she mentions their, er, lack of status on her application, a conscientious VO will likely give ICE an update.

Hiding the information will lead to a quick denial of her tourist visa application.

[Boiler 45,979]

How old was she when she left the US?

Most unlikely to get a Visitor Visa but no harm trying.

[RhettVoe 282]

True....your fiancé's past abuse of the tourist visa will not enhance her credibility (nor will having an American fiancé waiting in wings and having illegal parents living in the US)...

[Lili&Will 0]

I see I see, thank you.

She was 11 when she went to the US and returned when she was 18.

[Boiler 45,979]

If she left before the age of 18 1/2 at least she will have no ban, after it is 3 years.

[RhettVoe 282]

she may not have a ban, but her prior travel history along with the two other strong ties to the US will dim her chances considerably.

[SennaBrigante 92]

On the application form I think she'll have to mention if she's been issued a visa before and if she's been in the US. During the interview the CO could ask where her parents reside and she can't lie about that. It's tricky.

I know my cousin-in-law also can't visit her parents in the US because they overstayed their tourist visas and the parents can come visit because they won't be able to go back to the US.

[RhettVoe 282]

If she decides to lie on the application, the interview will be very brief. There are questions about previous visa issuances and/or denials, and a section that asks about close relatives living in the US (and their status)....no doubt she will be tempted to write something like "green card in process" but all that means is they are illegal. If asked more questions about their prolonged vacation in the US as well as other questions, evasive answers will also lead to a prompt denial and possibly other repercussions.

[JayJayH 546]

Hello,

My fiance and I are about to start an application for a K-1 Visa. Two questions:

She wants to apply for a B2 visa to visit her parents whom live in the US (they came to the US on tourist visas 10 years ago, now expired) They will be working on their paperwork to get their green cards in the near future. Will applying for a tourist visa affect her parent's legal status? My fiance lived with her parents until she graduated high school three years ago.

Second question, how will this affect our application for for a K-1 visa?

Her family is from Mexico and she is currently attending college there.

Any insight is appreciated! Thank you,

~William

If her parents have an adjustment of status (green card) in the works, then USCIS is already aware of their status anyway, and no harm done.

Applying for a tourist visa, whether approved or denied will have absolutely no bearing on your K-1 application.

The only way this could affect the K-1 in any way is if she at any point lies in her B-2 application, or otherwise lies to any immigration official. She should be truthful about her her previous unlawful presence at all times. Because she left before she was 18 and a half, she has no bar from re-entry.