questions about tourist visa affecting K1

[NikLR 13,227]

Yeah they need to be fired and ask for a full refund. With no job her chances of s tourist visa is slim.

[baron555 934]

Asking this for a friend.

I know a couple that has met twice and intend to apply for K1.

He is in U.S and her in Russia. She applied for tourist visa B1 through an agency, they advised her not to say she has a boyfriend in U.S. and indicated on the application that she had a russian boyfriend. Under marital status, it

says common law marriage. When I learned of this, I became worried that this could be a problem when they apply for K1.

Thoughts, and advice?

Maybe, but having the Russian boyfriend is not a good sign for the USC petitioner.

[Illiria 980]

Just to clarify, she didn't list it as a common law marriage, the agency did.

But she is responsible for what is put on her tourist visa application to the embassy, if she goes to the interview and doesn't change it then or doesn't submit a new correct form before the interview then any lie is on her. She can't say later oops it was my travel agency, the embassy doesn't care as it's on her.

This has happened more in other countries and caused issues when they are subsequently petitioned for a fiancé or spousal visa and being asked for a divorce certificate for a marriage that never existed in the first place.

Edited May 12, 2016 by Illiria

[templeton 120]

But she is responsible for what is put on her tourist visa application to the embassy, if she goes to the interview and doesn't change it then or doesn't submit a new correct form before the interview then any lie is on her. She can't say later oops it was my travel agency, the embassy doesn't care as it's on her.

This has happened more in other countries and caused issues when they are subsequently petitioned for a fiancé or spousal visa and being asked for a divorce certificate for a marriage that never existed in the first place.

Exactly. In the end she signs, which ultimately makes her responsible for what's in the application, regardless of who filled it out. These agencies don't have to worry or care about accuracy, there won't be any consequences for them. It's your friend who will be the one to deal with the fallout in the future.

When even the "Knocking" ceremony can count as married to USCIS, it seems pretty dumb to say you're in a "common law marriage" for a travel visa application if you soon intend to apply for a K-1. Whether it's a real thing in Russia or not, I wouldn't be surprised if your friend is found to be "too married" for a K-1 when the time comes.

[Harpa Timsah 13,258]

She said she was in a common law marriage with a RUSSIAN guy to pretend that she had ties to RUSSIA and was leaving her man behind. Not with the American.

[Pennycat 880]

Just what everyone else said-- see if she can amend that application now. Even if the agency prepared it, she's responsible for everything it says because she does electronically sign the DS-160 before submitting where it states something along the lines of "I have read all of the questions and answers in this document and I swear that they are true, and if not I understand that it could result in a permanent ban from the US".

She's probably unlikely to get the B2 visa. Even with this "common law husband" she's unlikely to get it. But she's all but guaranteed to get the K1. Unless, of course, she gets caught lying for immigration benefits and gets banned, or unless they believe this "common law husband" thing and think that the K1 fiance is a lie. Basically, why put the sure thing at risk for something that's unlikely either way?

[jward1966 4]

She has amended it. Thank you for the replies, everyone.

[Pennycat 880]

She has amended it. Thank you for the replies, everyone.

Good. Those travel agents/ "lawyers" can be really sleazy (or just straight up incompetent) and have gotten a lot of people in serious trouble. So roll the dice with the B2, expect a no but hope for a surprise, then proceed with the K1. Tons of people (my husband and I included) have had to do it this way.

[templeton 120]

She said she was in a common law marriage with a RUSSIAN guy to pretend that she had ties to RUSSIA and was leaving her man behind. Not with the American.

Sorry, you're right. I did understand the situation but got the consequences twisted in my head. What I should have said was she would be putting herself between a rock and a hard place - the consequences of misrep vs USCIS potentially wanting a divorce decree for a marriage that doesn't exist before allowing a K-1 or CR-1. Either would be tough to overcome.

She's apparently amended the application, so it's moot anyway.

[naire37 53]

Ugh.

Russia is very easy for K1 and very tough on unmarried girls for tourist visa. If your friend gets the visa and then gets married and adjusts here, it will just prove the point that it should be even harder. I know it sucks to not be able to visit and I relate and sympathize wholeheartedly. Still what your friend is doing right now is exactly making it worse for everybody else, and I hope she understands it.

My ex-girlfriend got denied tourist visa, even though she had a job (and property, and family with extremely close ties etc).

For your friend, being unemployed, chances are extremely slim either way. Having a fake boyfriend wouldn't really help that much, but may hurt her down the line when applying for K1. She made the right decision.