Is it Fraud to use a K-1 Visa as a tourist Visa?

[JE57 239]

Hello,

My fiancee and I live overseas. And I (USC) expected to be required to move back to the USA by my company. Now it increasingly looks like I will be able to stay and work locally. My question then, my fiancee from the Philippines has almost zero chance of getting a tourist visa but would like to see/vacation in my birth country if we are allowed to stay local. Therefore, is there any potential downfall to use the K-1 Visa for her to enter the USA with me even though we have no intention of remaining? Or is it possible to go to the consulate (Hong Kong in this case) and apply for a tourist visa and hope that her having a K-1 Visa is sufficient reason for them to grant the tourist visa??

[JohnR! 5,495]

The consulate will not grant her a tourist visa once she has a K-1 visa on her passport. With a K-1 she will have to marry you within 90 days of her arrival or leave the country altogether and return home. She would be going in the opposite direction of the common visa fraud, which normally involves coming in with a tourist visa or VWP, with the intention to marry and stay.

Edited November 4, 2014 by JohnR!

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about tourist vs. fiancee visa~

[KayDeeCee 4,893]

Well, the two of you will need to sign statements stating you have intent to marry within 90 days of entry with the K-1.

The K-1 is a fiance(e) visa. Is it used to bring a foreign fiance(e) to the US in order to marry them and have the foreign spouse then file to become a permanent resident and live in the US. The K-1 is not a visitor/tourist visa.

[Girl from Celebes 588]

Hello,

My fiancee and I live overseas. And I (USC) expected to be required to move back to the USA by my company. Now it increasingly looks like I will be able to stay and work locally. My question then, my fiancee from the Philippines has almost zero chance of getting a tourist visa but would like to see/vacation in my birth country if we are allowed to stay local. Therefore, is there any potential downfall to use the K-1 Visa for her to enter the USA with me even though we have no intention of remaining? Or is it possible to go to the consulate (Hong Kong in this case) and apply for a tourist visa and hope that her having a K-1 Visa is sufficient reason for them to grant the tourist visa??

K-1 visa is not required the beneficiary to stay. That's why many people calls it "dual intent" thought it is still debatable here, . K-1 visa lets let beneficiary comes to marry the petitioner within 90 days since plan to get married in a tourist visa and intent to stay and do adjust of status is considered as a fraud. You are both will fine. And of course you both don't have to get married within 90 days but she has to return before 90 days up.

[landr 126]

Why would you jump through the hoops required for a K-1 visa when you can go for a tourist visa?

Besides, the B-2 is valid for 120 months for Filipino nationals and she might be able to make more than one visit during that period. As previously stated, the K-1 is good for a one-time entry only and she gets 90 days (3 months), and must marry you within those 90 days or depart the US.

If she uses a visa for another purpose other than the intended one, the worst case scenario is that she opens up a whole can of worms that could have a negative impact on her ability to make future visits to the States and/or emigrate here. I suggest not making things hard on yourselves. Apply for the right visa.

Edited November 4, 2014 by landr

[Sarahnick 19]

It would be a bad idea using a k1 visa, you would take up a place that someone else who really wants to marry and since the process already is long for people it's just really unfair using up a spot that someone else could have better use of...

[Girl from Celebes 588]

It would be a bad idea using a k1 visa, you would take up a place that someone else who really wants to marry and since the process already is long for people it's just really unfair using up a spot that someone else could have better use of...

Lucky for you guys that use VWP or easy to get a tourist visa. I, myself, sometimes felt resentful toward people who easily to visit to the US yet still complaining how miserable they are because the process takes so long. I've got refused for a tourist visa back in 2010 - thanks to those who came to the US with a tourist visa, got married, and adjust of status afterwards-. I finally met my then- fiancé ( my now husband) in another country.

Use this premise. I think it is a bad idea using a tourist visa to get married and stay then adjust of status afterwards because of this shortcuts occurred many times make a bunch of hopeful applicants lost their chance to get approved for a tourist visa.

Try to put yourself in people's shoes. The OP's fiancée has a zero chance to get approved for a tourist visa. And she deserves to see her fiancée's country and meet his family as well. Not all people will think America is a land of dreams.

Edited November 4, 2014 by Girl from Celebes

[Hank_ 9,174]

Hello,

My fiancee and I live overseas. And I (USC) expected to be required to move back to the USA by my company. Now it increasingly looks like I will be able to stay and work locally. My question then, my fiancee from the Philippines has almost zero chance of getting a tourist visa but would like to see/vacation in my birth country if we are allowed to stay local. Therefore, is there any potential downfall to use the K-1 Visa for her to enter the USA with me even though we have no intention of remaining? Or is it possible to go to the consulate (Hong Kong in this case) and apply for a tourist visa and hope that her having a K-1 Visa is sufficient reason for them to grant the tourist visa??

As been mentioned already being your fiancee has been approved for the K-1 visa, turning around and applying for a tourist visa would cloud things for sure and maybe raise a few flags.

There is no issue using the K-1 visa to enter the USA, get married, visit family then exit the USA before the 90 days has expired. You have followed the intent of the visa, and by exiting before the 90 days expires your fiancee will not have over-stayed so no issued there later when you may apply for a spousal visa.

[Mike-eeh and Odie 193]

While she doesn't have to marry you in 90 days, she will have to return home.

Then when you actually DO want to marry her, you will have a lot of explaining to do to the USCIS as to why you didn't marry her the first time, and most likely receive a lot of scrutiny when you apply for another K-1 or a CR-1 visa.

[kitthekat 1,317]

Hello,

My fiancee and I live overseas. And I (USC) expected to be required to move back to the USA by my company. Now it increasingly looks like I will be able to stay and work locally. My question then, my fiancee from the Philippines has almost zero chance of getting a tourist visa but would like to see/vacation in my birth country if we are allowed to stay local. Therefore, is there any potential downfall to use the K-1 Visa for her to enter the USA with me even though we have no intention of remaining? Or is it possible to go to the consulate (Hong Kong in this case) and apply for a tourist visa and hope that her having a K-1 Visa is sufficient reason for them to grant the tourist visa??

Here is another poster who planned to use the K1 visa to enter the USA and then leave before 90 days, and was approved: http://www.visajourney.com/forums/topic/492763-a-real-k1-experience-when-the-usc-does-not-live-or-work-in-the-usa/

His fiancee also had difficulties obtaining a tourist visa, so the K1 was their only option. They were very transparent in their petition and at the embassy interview that they did not intend to remain in the US permanently. Many on VJ insisted he would be denied, but it looks like he was successful after all

Just note that it is unlikely she will be issued a tourist visa after a K1, as the immigrant intent in pursuing a K1 is pretty obvious (whether or not she, personally, has any). Of course the K1 visa process is also much more expensive than a B2, but if you have the cash to spare...

[Cathi 5,755]

Considering you just posted in a public forum what your intent is, you already know her intent is not to come and get married but just to visit, it;s lying it wouldn't be very smart. Unless of course you don't mind being slapped with misrepresentation, which is what you would be doing. If caught misrepresenting herself it's a lifetime ban, why take the chance? Why not just apply for a b2?

Edited November 5, 2014 by mimolicious

[UnaMexicana 153]

To answer your question: Yes, that IS fraud.

UnaMexicana

[Jawaree 717]

Flip side fraud ,that will come back to haunt you

and worst her if she meets someone else and

has to deal with USCIS. try for a valid visitors

visa

[icv21 110]

I honestly think it can turn bad in the future....... You both future together.

Once she gets a k-1 she comes for vacation doesnt get married and leave the country. She can't come back with that K-1 again because it's only one entry visa.

Because she had a k-1 she won't have a tourist visa aproved later. So that's means you two can't vacation or visit the family again???

Also I think the number of K-1 visas a USC can ask is 2 ( or 3 someone correct me ), that also means in the future if you really want to marry her and move to the states it can get very tricky for you two.

I know it's sad it's so hard for so many countries to get tourist visa. But I would honestly ask for a tourist visa, write a letter for her inviting her, explaining your intentions, that she is coming back etc.

maybe they will understand.... But K-1 for only a visit I think it can't be good later for other decisions you 2 May want to take.