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

[altonbebe 48]

ah, besides the fact that is just simply fraud intentions. You can call it a grey line as much as you want. It is fraud.

My question is this...............why not get married when she is here?

[JE57 239]

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.

Thank you for this well thought out reply. She has already been denied a tourist visa once and since then has become engaged to a USC (me) and has no greater compelling reason to return to her home country other than to be with me. Her chances of getting a tourist visa are practically Nil, and yes she very badly wants to visit the USA if we decide to remain abroad. We have not lied thru the process. At the time we applied for and even at the interview it was still our intent to use the K-1 as intended, move to USA and Marry in 90 days and AOS. Only recently has the opportunity to remain overseas in the life we love presented itself.. If she were to enter the USA on the K-1 I would advise her to answer any and all questions asked completely honestly to avoid any misrepresentation at POE. It would even be possible for us to Marry while in the USA. Although were we staying abroad it would be far simpler and more transparent to Marry in our country of residence.

[msbau764 245]

Thank you for this well thought out reply. She has already been denied a tourist visa once and since then has become engaged to a USC (me) and has no greater compelling reason to return to her home country other than to be with me. Her chances of getting a tourist visa are practically Nil, and yes she very badly wants to visit the USA if we decide to remain abroad. We have not lied thru the process. At the time we applied for and even at the interview it was still our intent to use the K-1 as intended, move to USA and Marry in 90 days and AOS. Only recently has the opportunity to remain overseas in the life we love presented itself.. If she were to enter the USA on the K-1 I would advise her to answer any and all questions asked completely honestly to avoid any misrepresentation at POE. It would even be possible for us to Marry while in the USA. Although were we staying abroad it would be far simpler and more transparent to Marry in our country of residence.

Don't do it. Save your K1 or K3 card for when you may really need it. Some people have tried 3 times to get their tourist visa and are eventually accepted.

[JE57 239]

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...

Thank you for this reference looks like they ended up in a very similiar situation as my fiancee and I, although I will say that neither of us are nearly as negative about the USA as they apparently they are. In fact, neither of us are opposed to living in the USA we simply, given the choice would rather remain in Asia Pacific. I also note that while that was at the consulate level the question of what might happen at POE to them remains open to interpretation. Still re-assuring though. I'll also note that her visa is not yet in her passport because the CO in our case *did* care where the income was from. Even though my pay is from the US, deposited into a US bank account by a US company they still wanted to see proof from my company that when I returned to the USA that I could continue with my job and what salary, position and start date etc. It appears they didn't understand the terms of my employment but I can't say I blame them and as yet I've been unable to obtain said letter.

[Girl from Celebes 588]

Thank you for this reference looks like they ended up in a very similiar situation as my fiancee and I, although I will say that neither of us are nearly as negative about the USA as they apparently they are. In fact, neither of us are opposed to living in the USA we simply, given the choice would rather remain in Asia Pacific. I also note that while that was at the consulate level the question of what might happen at POE to them remains open to interpretation. Still re-assuring though. I'll also note that her visa is not yet in her passport because the CO in our case *did* care where the income was from. Even though my pay is from the US, deposited into a US bank account by a US company they still wanted to see proof from my company that when I returned to the USA that I could continue with my job and what salary, position and start date etc. It appears they didn't understand the terms of my employment but I can't say I blame them and as yet I've been unable to obtain said letter.

You both are engaged. Your situation has been changed during the process - that's what I have understood and correct me if I am wrong - that there is more chance to stay abroad because of your work. I don't think you will get slap for misrepresentation. A bunch of people adjust from different visas while stayed in the US.

It is not like your fiancée is trying to use you as a ride to get a green card which is unfortunately happened many times. You and your fiancée won't stay in the US. K-1 visa is for fiancé(e) of USC to get married in the US within 90 days. If the marriage never occurred then she has to leave.

Misrepresentation depends on CO point of view. For example, there was a beneficiary from China got denied for K-1 visa because she did not tell that she will going to visit her then-boyfriend when she applied for a tourist visa. Her approved B-2 visa was revoked and her K-1 visa was denied. Another story, there is a guy from Georgia applied for a tourist visa to visit his boyfriend. On his application he wrote just wanted to visit " a friend". He got denied for B-2 visa. Based on the first case, many people on VJ - including me- assumed he will get denied for K-1 visa. Guess what? He got approved for K-1 visa. What a lucky fella he was.

The moral story, what people might think it is misrepresentation probably is not. My advise, talk to CO that your situation has been changed during the process and both of you have chose not to stay after visit the US. It will give you peace of mind. Sometimes what is worst in your mind usually it is not in your reality. Wish you all the best.

Edited November 5, 2014 by Girl from Celebes