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blabrada05

Can my fiancee apply for a tourist Visa

By blabrada05 in K-1 Fiance(e) Visa Process & Procedures

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msbau764 Community Regular

msbau764   245

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

It depends on the status of your I-129F. There is a certain stage in which the answer is no, as in the file is already in the system which will show that your fiance has "immigrant" intent, leading to a guaranteed denial of the tourist visa. Other more knowledgeable posters could tell exactly when it would be futile to attempt a tourist visa.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

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MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
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Posted

There's nothing to stop your fiancee from applying.

Getting approved is a different matter, although as a denial for 214(b) will have no effect on your K1 then all you'd lose is the application fee

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Bill and Vicky Enthusiast

Bill and Vicky   25

Posted
Filed: IR-1/CR-1 Visa Country: Indonesia
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Posted (edited)

Remember that the I-129F indicates that she wants to immigrate to the U.S. The tourist visa requirement is for people who want to visit, then return to their country. If they see that she wants to immigrate, then see that she wants to visit, they will likely deny her visitor's visa application because she clearly has an intent to enter this country and overstay. It doesn't matter if you are both law-abiding people...the system will assume she's trying to bypass the process.

Don't you have to sign a document as a part of the B visa indicating that you're just coming to visit and have no intent to immigrate?

You can apply for anything. It doesn't mean they will approve it.

Regards,

Bill

Edited by Bill and Vicky
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