Tourist Visa Denied

[JayJayH 546]

I should add btw that the above advise is given on the presumption that you will have a straightforward case.

If you have reason to believe that your significant may be inadmissible to the US for any reason (criminal history, negative immigration history, etc.), or you have any extraordinary factors in your case - Hire a competent lawyer.

[Girl from Celebes 588]

My boyfriend is Brazilian. We've been a couple for two years and he's never been to the USA. We're seriously contemplating the steps to taking our relationship to the next level so he recently applied for a tourist visa to the USA. No great surprise that he was denied even though he didn't mention me (he's unmarried, no children, in his 20s and, because he's a property owner who generates his income from renting out the condos he owns, doesn't have a "typical" job that would indicate strong motivation to return to his home country) but it was still disappointing to get the official word.

Our original plan was to continue to date long distance, visiting back and forth before becoming engaged.

Since his visa was denied, I, of course, will just continue visiting him in Brazl, though we were both excited for me to be able to show him MY home for a change. Plan B is to expedite the "get engaged" part of our future and apply for the K1. We feel a little angry that we're being manipulated by the government for no reason that makes any sense to us. Eventually, we'd like to marry but we don't want to make any mistakes about how we go about everything and, now that he's been denied a tourist visa, we're a little worried that they'll deny a K1 visa too. I mean, we know the K1 is an immigratant visa and not the same as a non-immigrant visa but still we worry.

If all else fails, I'll just move there but we'll have to have a long distance/commuter marriage for several years as I own a successful business that requires too much of my time for me to manage it from another country.

My questions: does this sound like a viable Plan B and back up plan? am I overlooking anything? Is there anything else we can/should be considering?

Thanks in advance to all who reply

I've seen many people here on VJ were denied for a tourist visa but got approved of K-1 visa. I applied B-2 visa in 2010 and was denied because CO thought I had an immigrant intent by putting purpose visit US to meet my then-boyfriend (now my fiancé).

I've got yellow slip stating "consider filed petition for K-1 visa". They did not care whether you had a good job, own property, insurance, stock, and etc. I had reason back to my country due my job and provided a letter from my employee. They did not even blink their eyes looked up to the bunch of papers that I've brought to the interview.

But, keep in mind, I read some Vjer's post a while back, his fiancée was denied for K-1 visa because she did not mentioned about him on B-2 visa application and according to their relationship timeline, she was applying B-2 visa during the courtship between them. Add to worst, after K-1 visa was denied, her B-2 visa also revoked as well. Now, the couple are married and filed for spousal visa.

For that information, you have to prepare all possibility questions about that when you plan go to K-1 visa route and have the interview at time. Good luck!

Edited November 21, 2013 by Girl from Celebes

[Just Kelley 4]

It's a suggestion:

Why not thinking about the CR1 also instead of the K1.

With the CR1, he will reveive his green card just after coming in USA, for the K1, he will have to wait some months before being able to travel (after his Advance of Parole).

I think that for his business, it will be easier for him to travel, if something happens.

Just my 2 cents.

Good luck whatever way.

I didn't even know that was an option to consider - thanks so much, I'll add that to our list of options to research!

Also, Yang Ja, thank you for your helpful reply!

(Since a few have asked, there is absolutely no criminal activity or past immigration issues in his history. The interviewer simply told him he didn't sufficiently prove ties to his home country.)

[RhettVoe 282]

Which is not the same as being 'manipulated' by our government. Likely when he was asked who he planned to visit, he may have replied in a manner that gave the CO pause, or answered with something illogical, both of which would have interpreted as either being evasive, which then translates into a lack of credibility. Apparently you suggested he not mention you nor your ongoing relationship, but in the act of trying to conceal that information, he probably stumbled a bit and that's about all it takes to get a denial. This denial will not affect a future K1 application.

[Teddy B 17,252]

Which is not the same as being 'manipulated' by our government. Likely when he was asked who he planned to visit, he may have replied in a manner that gave the CO pause, or answered with something illogical, both of which would have interpreted as either being evasive, which then translates into a lack of credibility. Apparently you suggested he not mention you nor your ongoing relationship, but in the act of trying to conceal that information, he probably stumbled a bit and that's about all it takes to get a denial. This denial will not affect a future K1 application.

Just can't help yourself, can you?

[Ontarkie 14,234]

~~Moved to What Visa Do I Need - Family Based Immigration, from Tourist Visa - As this topic has seemed to be more about exploring what visa options are available.~~

Edited November 21, 2013 by Ontarkie

[Just Kelley 4]

Likely when he was asked who he planned to visit, he may have replied in a manner that gave the CO pause, or answered with something illogical, both of which would have interpreted as either being evasive, which then translates into a lack of credibility. Apparently you suggested he not mention you nor your ongoing relationship, but in the act of trying to conceal that information, he probably stumbled a bit

Do you always make sweeping assumptions about people you don't know or am I just lucky?

Edited November 21, 2013 by Just Kelley

[dwheels76 5,468]

I didn't even know that was an option to consider - thanks so much, I'll add that to our list of options to research!

Also, Yang Ja, thank you for your helpful reply!

(Since a few have asked, there is absolutely no criminal activity or past immigration issues in his history. The interviewer simply told him he didn't sufficiently prove ties to his home country.)

Also be assured denied tourist visas they expect to see so it will not look bad on you filing your K1 or CR1/IR1 heck some have had 3 or 4 denials. He can always reapply if he can supply maybe better documentation of ties to country..

Also if you marry and file the I-130 petition he can work soon as he gets to US as well as mentioned travel immediately. K1 nope got to wait a few months for that.

Smart lady to be thinking ahead and checking things out before you do anything. Kudos.

[Boiler 45,557]

Do you always make sweeping assumptions about people you don't know or am I just lucky?

You are not that lucky.

[Just Kelley 4]

You are not that lucky.

How worrisome for folks who are easily intimidated

[Soul Froosh 31]

Do you always make sweeping assumptions about people you don't know or am I just lucky?

He was bothering me like this in my thread. Now seeing him do the same here I realize he's a troll, or even a border control officer on his lunch break.

To your original questions:

I'm assuming your BF was asked the nature of his trip, who he was staying with and an address? How did he respond to that?

Rhettvoe is likely a troll but he makes a valid point about concealing the fact he's visiting his GF might have made him sound suspicious.

Also, I understand what you're saying about the system is "manipulating" you in a sense. You was quite happy to visit each other without the thought of wedding bells. Now he's denied entry as a tourist, you have to consider marriage and fiance visas to get him here.

It kinda sucks and I'm in the same boat, but the K-1 should be no problem for you both (asides the wait and cost)

[Just Kelley 4]

He was bothering me like this in my thread. Now seeing him do the same here I realize he's a troll, or even a border control officer on his lunch break.

To your original questions:

I'm assuming your BF was asked the nature of his trip, who he was staying with and an address? How did he respond to that?

Rhettvoe is likely a troll but he makes a valid point about concealing the fact he's visiting his GF might have made him sound suspicious.

Also, I understand what you're saying about the system is "manipulating" you in a sense. You was quite happy to visit each other without the thought of wedding bells. Now he's denied entry as a tourist, you have to consider marriage and fiance visas to get him here.

It kinda sucks and I'm in the same boat, but the K-1 should be no problem for you both (asides the wait and cost)

YES!! THIS!! Exactly!! (Thank you!)

That's exactly what I meant about feeling manipulated - we were perfectly content to just let our relationship progress naturally but now we feel, if we want him to enjoy time here with me, our only option is to expedite things.

To be honest, I stayed somewhat out of his tourist visa application. Whether it's correct or incorrect, our thinking was the less involved I was in the whole thing, the less likely they'd be to reject his application - eh well, moving along to plan B...

[AmyWrites 593]

Unfortunately, as long as the theory that CO's have is that every visa applicant has "immigrant intent", they can and will deny people who don't actually want to break any immigration laws.

I'd apply for a CR1 visa, honestly. I wouldn't want to come to the US, get married, then god knows when get the green card.

[David & Diana R 1,005]

how were you 'manipulated' by our government? The requirements for obtaining a tourist visa are clear....what is unknown is how (possibly) evasive your BF's answers were when asked who he was going to visit....if he gave the impression he was trying to hide something (which, given the circumstances you wrote, seem likely), then the consular officer perceived this and figured (correctly) that he (she) was not hearing the entire truth.0000000000

I second that!!

Just curious how the government is manipulating you?

Yeah I don't get the manipulation part either.

[SoCalMark 49]

the rules for adjudication for a tourist visa

are totally different than

the rules for adjudication for a K-1 visa,

so, plan accordingly.

I always like when you are on the first punch on the answer board - at least most of the time people are getting the right answers. High risk for a tourist visa - I would have denied that one also.