Apply for a Tourist Visa and K1 Finance Visa at Same Time?

[KozmicBlues 592]

Sorry to mirror other replies, but unfortunately, it's true that it will be very difficult for him to get a tourist visa. My fiance is also from India and we wanted him to come visit for his birthday so we could spend time together before filing the K1 application. He has a friend who knows someone close to the visa process - he explained our situation to him and the guy told him to not bother wasting his time and money on trying for a tourist visa. The second he says "I'm going to visit my girlfriend/fiancee" they will immediately assume he has intent to immigrate and it will be extremely difficult to get approved from there. We decided not to try it and just waited til we were ready to submit our K1 instead. My fiance doesn't have any strong ties back to his country to prove to them so we felt the $400-ish it was going to cost to apply for a tourist visa was better spent toward the K1 process instead of possibly losing out on the money completely. They of course don't refund the money if the visa request is denied. 

 

Unless your fiance can show major ties back to India (real estate, school course in progress, important job with proof of having to return, etc.) then there is a very unlikely chance of getting a tourist visa. He will also have to demonstrate financial ability to support his travels, and if he cannot then you must provide financial support docs stating you are the source of income support. It's unfortunately a really tough process, especially through the Indian embassy. I'm not sure if it will be any easier going through the embassy in Ghana, but I imagine it will likely be the same scenario. Try to google India tourist visa to US denial or something along those lines - I remember finding some videos on Youtube and posts online about experiences with getting denied. 

 

If you guys have the money to risk it then there's no harm in trying. Getting denied shouldn't impact future K1 visa application as long as he is 100% honest during the process. He might get lucky with an officer at the embassy who believes his intent to return, but definitely prepare yourself just in case it doesn't happen. 

 

And trust me, I know how it feels to read discouraging comments. When we first got together I had this idea in my mind that it would be a fairly simple process. It was tough to come to the realization of all the various levels of red tape we have to get through just so we can be together. Good luck with everything!! 

[Boiler 46,359]

Cost of visa - $

 

Cost of holiday in the US - $$$$$$$$

 

Why not try and find out?

[KozmicBlues 592]

41 minutes ago, Boiler said:

Cost of visa - $

 

Cost of holiday in the US - $$$$$$$$

 

Why not try and find out?

Very good point and I agree. If money isn't an issue (which it likely isn't if OP can afford the cost of the holiday in the US) then it's worth trying for the tourist visa route. 

[Eric-Pris 1,607]

On ‎6‎/‎5‎/‎2017 at 10:25 AM, Priya1986 said:

My fiance has the intent to immigrate once we have the fiance visa approved, but obtaining the tourist visa is so that he can come visit my family before then (unless the finance visa is approved first, then we'll just use that and the tourist VISA should get cancelled)...I don't think there would be an issue with him saying his purpose to visit the U.S. is to visit his friends family for a wedding (We don't have to say he is my fiance at the border). Even on the tourist visa application online, they ask the purpose of his visit (to see all of my family and tour around my country) and they will ask for U.S. contact, which would be me and my family because THAT is his intent. Am I wrong on this??????

With all due respect, you seem to be a little naïve about the immigration process.

 

Just because it's his intent to return (he knows that and you know this) but your actions (having an American fiancee and applying for k-1) show intent to emigrate.  They just don't take the applicant's word for it.  It seems that people occasionally lie to get a tourist visa so immigration officials tend to be a teeny bit suspicious.  The immigration official will look at your ACTIONS more than your fiancée's  WORDS.

 

BTW- According to immigration law 214(b), all applicants are presumed to have intent to emigrate when applying for a tourist visa.  It is up to the applicant to convince the immigration official that they don't. 

 

http://globalnation.inquirer.net/117939/how-to-avoid-a-section-214b-denial

 

TO ADD: You should apply for a tourist visa, even if you apply for a K-1, it won't affect your K-1.  All you can lose is a few hours of your time and about $160.  He might get lucky.  Sometimes, it's just a matter of getting the right official.  If he's in a good mood... who knows.

 

 

Edited June 6, 2017 by Eric-Pris

[Boiler 46,359]

Many people visit during the process and the vast majority have no issues, Current intent is what matters, having future intent is not.