Tourist Visa before K3

[ApprovalPlease 0]

I am a US citizen and my fiance is an Indian Citizen. We are supposed to get married end of next month. Here is my question. If my fiance gets a tourist visa before the marriage. And after the marriage she travels with me to US as a tourist. I file for her K3, she goes back to India and attend her interview when they send out her packet 4. Is this scenario possible, is there a chance for her K3 to be refused because she visited US after our marriage with tourist visa.

thanks,

[riblet 0]

There is nothing illegal about visiting. The only way I've ever heard of it coming up was with additional security checks triggered by the travel - but many many people have their spouse come visit. Probably the most difficult part will be to get a visitor visa

I am a US citizen and my fiance is an Indian Citizen. We are supposed to get married end of next month. Here is my question. If my fiance gets a tourist visa before the marriage. And after the marriage she travels with me to US as a tourist. I file for her K3, she goes back to India and attend her interview when they send out her packet 4. Is this scenario possible, is there a chance for her K3 to be refused because she visited US after our marriage with tourist visa.

thanks,

[Reba 2]

one - she may not be given the tourist visa.

two - even if she does have it, then you get married, she can still be denied entry to the US because now her status has changed from just visitor to spouse of a US citizen with intent to (eventually) immigrate. Its harder for spouses to get in, even those of us who do not require visas can be denied entry.

[Asamu 0]

one - she may not be given the tourist visa.

two - even if she does have it, then you get married, she can still be denied entry to the US because now her status has changed from just visitor to spouse of a US citizen with intent to (eventually) immigrate. Its harder for spouses to get in, even those of us who do not require visas can be denied entry.

You guys got it right! Quite a few people run into this wall over and over and over again!

It is a challenge - wish you the best!!

[ChinaDavid 0]

I can only share my own experience. We married in China on November 23, 2006. On January 24, she had her interview at the US Consulate in Guangzhou for a tourist visa. After only three questions, her application was denied, with no chance to appeal. Even though she had overwhelming documentation that she must return to China after her visit, and could prove strong economic ties to China (home ownership), her application was summarily rejected.

The assumption is that any tourist will remain in the USA unless they can show strong economic ties to their home country. But, any Consulate interviewer has the power to deny, no matter what the documentation. This is especially true if her spouse is a US citizen.

Of lesser concern is any impact on the K3 application if she actually is allowed into the country as a tourist. It should have none.

I wish you and yours a better response than we received.

ChinaDavid

[Robor007 0]

My wife worked in the cruise industry. To make a very long story short we were engaged at the time she was going to port in Florida about 6 hours from me. I called the port and spoke to one of the immigration agents. I explained the situation honestly saying that she had a C-1/D visa and was finishing her contract in port. Normally she would fly back home (Philippines) that day but I wanted to come pick her up and have her stay with me a few weeks. She would then return to the Philippines and I would accompany her. We had plans to marry. I could provide tickets for both of us to show our intent to travel. I called 2 times, spoke to 2 different agents, and got 2 different answers.

The one agent said it would (probably) not be a problem. It might help if I sent a letter to my wife to provide for the immigration agents when she departed the ship. She said to explain everything and provide my personal contact information with a brief summary of our relationship and our plans. We were both happy and looking forward to being able to come back to my area so I could introduce her to my family and friends.

A few weeks passed and it was getting closer to her contract ending. I called the same port immigration office and spoke to another agent - just in case. This agent had the exact opposite response. She said there's absolutely zero chance of my fiancee being able to visit and whoever told me it was possible was wrong. I asked her why and she said my fiancee was a 'threat to immigrate'. I told her I understand that might seem the case but it wasn't. Her visa (C-1/D) does not allow her to marry and adjust status and we planned to marry in the Philippines after her visit. I told her I would provide any information to them so they would know who she's with and she would be my responsibility. She said the fact that I was her boyfriend/fiancee made the situation worse (ties to the US). My wife was in the middle of building her home at the time as well so she does have land/home ties in the Philippines. I told her about getting tickets for both of us and would book honeymoon plans for further proof but none of it mattered. All of that could be canceled. It simply wasn't possible according to her.

In the end, I think the immigration agents use the 'guilty before proven innocent' method. They assume every foreigner coming into the US an immigration threat and the person trying to visit must go beyond any doubt to prove they are not. While it's frustrating to those of us in our situations I can't really blame them because they're just doing their jobs.

Edited February 1, 2007 by Robor007

[eap620 0]

Great...now I'm a little freaked out. I was just married on Dec. 29th and until Jan. 8th I have been living with my husband in his country (Belize) since 2005. We have a small business in Belize and are not ready to have Dean immigrate here yet but I have to be in the states for family reasons for the next few months and possibly longer. I can leave every now and then but I don't really have the money. Dean was going to go and apply for a tourist visa since we aren't immigrating here yet and this is all he needs. I just want him to be able to travel with me or be here with me for when I am unfortunately going to have to attend possibly 2 funerals for very close family members.

Ugh...I hate not being believed. Just cause I understand it, doesn't mean I like it. Good luck to everyone!!!!!

Hugs,

Erin

edit: double post

Edited February 1, 2007 by eap620

[Reba 2]

If you both are living in your husband's country and plan to remain there, with obvious ties that both of you have in Belize, a tourist visa for him to attend a funeral is not out of the question.

The scenarios above are different than yours. In those, the foreign spouse/fiance is trying to get a tourist visa to visit their US spouse/fiance, who lives in the US. Big difference as far as USCIS is concerned. Its the spouse/fiance that creates the ties to home and country, if you follow.

[eap620 0]

Reba....

I hope you are right. We are probably going to try for the tourist visa at the end of Feb. or beginning of March. We do have a small business there and I'm hoping that is enough proof for them because I don't have Belizean residency. You have to stay in the country uninterrupted for 1 year and I always came home for a visit within a year. I'm hoping they will understand that and see that I do consider myself as living in Belize and I don't have any serious ties to the US right now, such as: an apt./home in my name, bills in my name, a committed job (i'm a substitute teacher when home), etc.

Anyway...thanks for thinking we have a chance. It gave me a little bit of hope.

Erin

[Asamu 0]

A person can always try! More complicated scenarios may have popped up and been solved/approved while

simple cases may be denied.

In other words - it never hurts to ask, verses wishing you asked and have missed your opportunity - the worst

that can happen is being told NO...

Best of luck!

Asamu

[djveed 0]

So what I'm gathering is this -

1 - It will definitely not hurt ANY process to apply for a tourist Visa at any stage of the I-130, K3, CR-1, or any visa at all. Might as well try.

2 - Highly unlikely you'll be accepted for obvious reasons.

Is this a good summary? Are there ANY success stories of accepted tourist visas while processing is waiting?

Naveed.

[brian and gemma 0]

Hello:

My husband filed I-130 last january 6, 2007, my question is.. am i iligible to apply for a tourist visa considering i have a petition filed? what did you do to bring your fiancee in US? tanks..

brian and gemma

I am a US citizen and my fiance is an Indian Citizen. We are supposed to get married end of next month. Here is my question. If my fiance gets a tourist visa before the marriage. And after the marriage she travels with me to US as a tourist. I file for her K3, she goes back to India and attend her interview when they send out her packet 4. Is this scenario possible, is there a chance for her K3 to be refused because she visited US after our marriage with tourist visa.

thanks,

[brian and gemma 0]

Hello:

My husband filed I-130 last january 6, 2007, my question is.. am i eligible to apply for a tourist visa considering i have a petition filed? what did you do to bring your fiancee in US? thanks..

brian and gemma

I am a US citizen and my fiance is an Indian Citizen. We are supposed to get married end of next month. Here is my question. If my fiance gets a tourist visa before the marriage. And after the marriage she travels with me to US as a tourist. I file for her K3, she goes back to India and attend her interview when they send out her packet 4. Is this scenario possible, is there a chance for her K3 to be refused because she visited US after our marriage with tourist visa.

thanks,

[riblet 0]

Anyone can apply for a tourist visa - many people are able to obtain a visa.

But, even with a visa there is always a chance that the person will be turned back at the point of entry (POE) because the officer does not believe that the person will return to their home country.

Many people are successful, but many people are not... it's totally up to the individual to decide whether it's worth it to try.

Finally, I've heard that extra visits to the U.S can trigger additional security checks, and this can delay the final visa, so that should be an additional consideration.

[Asamu 0]

Any development on your case/visitor's visa yet?