HELP-Bringing my fiance to the US on a tourist visa-HELP

[Cup_of_Joe 0]

Hello all! First, thank you so much for taking the time to read this post. I greatly appreciate it and any tips/suggestions/comments you have. I will try and be as thorough as possible. 

 

I am a US citizen who has been living in Vietnam for over a year now. I work online. During my time here, I met my fiance. Currently, we live in her parents house, which I have recently renovated at my expense. My fiance recently quit her job, as I told her I will provide for her financially. She has a 5 year old son, who I also take care of financially. All of her close family (mom, dad, siblings, aunts, uncles, grandparents) live in Vietnam. My fiance does not own any property or any assets, but has very strong family ties here. Additionally, we have traveled a little bit, having gone to Thailand and Cambodia for holiday.

 

We are set to marry on 30 September 2018. We are currently in the process of selecting a venue, hiring photographers, renting dresses/suits, etc for the wedding. By the time of my fiance's visa appointment, we will have already paid a deposit for a venue, as well as scheduled the day/date to take wedding photos, hired a caterer, figured out entertainment, etc- basically plan and pay for all of the details of the wedding. All of this will be taking place in Vietnam, as we have no desire to live elsewhere and have made long term plans for staying here in Vietnam.

 

Before the wedding, I would like to bring my fiance to the US to show her the country where I was born and to introduce her to my family.friends (the ones who will not be able to attend the wedding in Vietnam). Ideally, we would like to spend about 3 months in the US, again solely for the purpose of tourism and for her to meet my family. We are currently researching on how to make a strong enough case of intent to return to Vietnam and are planning on scheduling a visa interview for March.

 

In terms of finances, my family has graciously offered to cover all of her finances while we are in the US. We will be living with them for the duration of our stay. My family has even offered to sign a financial affidavit for her as well as give her an invitation letter. We will also be buying round trip tickets. Since we are more comfortable buying the tickets after a visa has been granted, my fiance will bring a flight itinerary with her to the interview. 

 

Given we have never underwent this process before, we are both concerned about the likelihood of her getting the visa granted.

 

For the positives: she has strong family ties here in Vietnam, including her son, mother, father, and blood sister. None of her family will be accompanying her (her son will be taken care of by her aunt while we are in the States). Her son will be starting year 1 this year, so it is imperative that my fiance returns before the start of his schooling. To prove all of this, my fiance will bring photos of her and her family to the interview, a birth certificate for her son showing she is the mother, and show his school registration papers. Additionally, we will have already paid deposits/outright paid for many aspects of our wedding before the visa interview. As mentioned earlier, the wedding is to be taken place in September here in Vietnam and we plan to come back to Vietnam a month in advance to assist with final preparation and to take wedding photos. My fiance plans to bring receipts and proof of deposits paid to show we are serious on returning to get married here in Vietnam and do nothing wedding related in America. Finally, since I am living here and plan to live here, my fiance thinks it might be a good idea to bring the police registration forms that I had to sign when I first moved in, to show that I am residing here and not in America.  We are hoping that these points are strong enough to prove to the consulate we have serious intent to return to Vietnam after a holiday in America.

 

For the negatives, my fiance does not have a job. She does have her own bank account and has had one for some time before we met. I can give her some money to put in her account, but I know it still does not look good that she is without a job. Additionally, she does not have any assets to her name. However, I am hoping to address both of these concerns through 1) the financial affidavit and invitation letter from my family and 2) the support documents I mentioned earlier.

 

We are quite stressed about the chances of her getting a visa. Like I mentioned, we still have time to build her case before her visa interview in March. We have no desire to stay in the US and have all intent on returning to Vietnam.

 

Any help would greatly be appreciated.

 

Thank you!!

 

[geowrian 22,338]

Only way to know is to apply. The only thing to lose is the $160 fee. Show what ties she does have (albeit I don't see any strong ties from what was noted, sorry!).

 

Putting money in her account likely won't help...COs see this all the time. If she is paying her own way, then she needs to show that she is able to afford to do so (without emptying their bank accounts)...a lump sum of money put in shortly before a visa interview will stand out like a sore thumb.

 

You cannot sponsor a tourist visa. While you can choose to complete and show an I-134 and/or invitation letter, they will not use either in consideration for the visa. From the DOS directly:

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a nonimmigrant tourist visa. If you do choose to bring a letter of invitation or Affidavit of Support to your interview, please remember that it is not one of the factors that we use in determining whether to issue or deny a nonimmigrant tourist visa. "

 

There is very little to nothing to do to "build ties" before an interview. Strong ties take time to obtain...or else everybody would do so before the interview or after being refused.

Having a job definitely helps...although a brand new job does typically not suggest a strong tie to return.

 

Good luck!

Edited January 17, 2018 by geowrian

[JE57 239]

To be honest your chances are not good for getting the visa.  The invitation letter and financial support from your parents in the USA in my opinion is a BAD idea.  Going for 3 months when you can't personally provide the support doesn't make sense either.    In my opinion her best chance is to make her ties to Vietnam be her ties to you.  Unfortunately considering you are 'only' engaged this is a harder case to make and your ability to leave Vietnam for 3 months makes your ties to Vietnam questionable as well..  The son starting year 1 of school is no benefit people can and do leave minor children all the time to seek a better life abroad.  The travel history of Thailand and Cambodia are slightly helpful but her traveling to a place she needs a Visa to get into would be stronger.   The extensive plans for a wedding in Vietnam are a positive but unlikely the officer will look at ANYTHING she brings with her.  So I'd approach it this way if I were you.. She is committed to you and you are committed to Vietnam.  The wedding plans and presumably your employment visa and employment contract that requires you to return to Vietnam show this.  You should not be planning 3 months in the USA.  This will seem suspicious.  You are supporting her, some of her family with a job in Vietnam and you somehow are going to spend 3 months in the USA where both you and her could presumably (in the mind of the officer) get better higher paying employment.  Requiring your parents to pay for her in the USA is only going to make that look worse.   So in short, I'd suggest that you have her focus on the reason for the trip to the USA is to meet your parents and see a bit of the country.  Make it a shorter trip than 3 months,  suggest a couple of weeks at most, then perhaps plan a honeymoon in the USA.  There is no such thing as sponsoring a tourist visa and attempting to do it with affidavits and invitation letters is likely to count against her not for her.   She should bring pictures/proof of your relationship with her as well as proof/evidence of your employment.  If she gets denied then she can apply again after you are married and that will be a significant change in circumstances and would be consistent on what she said she was going to do.   Expect that she will likely be handed a form that basically says that she should apply for a K-1 fiancee visa which is also potentially an option for you to pursue if she is denied as you could then have her say at that interview that she doesn't want to go to the USA but that she was denied previously for immigrant intent and that this was the remaining option.  Once getting a K-1 she flies to the USA on the K-1 and then leaves within the 90 days without getting married or getting married in a courthouse wedding and then when she gets back to Vietnam re-applies for the tourist visa.  Good luck, as long as she is honest you have nothing to lose in attempting to get the tourist visa.

[Cup_of_Joe 0]

Thank you @geowrian  and @JE57 for your pieces of advice. It's awesome to find such caring people. I will definitely heed your words and not give her any financial affidavit or financial support documents from my family or otherwise. I will, however, tell her to answer honestly and truthfully regarding the means that she is to have her expenses paid (myself and my family). If it helps, I'll ask her to stress that she is not going to the US to meet me, as I am living and working in Vietnam. Additionally, I will adjust the time frame of our trip, so that  it's a few weeks rather than 3 months.

 

I guess I should clarify that I can pay for our expenses out of my pocket, however, I thought showing a higher bank balance of support (from my family) would be more beneficial. Not that any of this matters, since having financial assistance from myself/family would count against her. Just goes to show how little I knew, I am glad to have heard from the both of you!

 

It is curious to note that none of her family ties here in Vietnam will matter, including her son (she is a single mother, the father left before the son was born). I understand people leave family all the time for a chance of a better life, but she has zero ties to America and her whole life is here. However, from the consular's POV, they need to treat every B2 applicant as a potential immigrant, so I understand (even though I think it is a bit unfair).

 

Back to the drawing board. I suppose we'll cut out her bringing financial affidavits/letters of support and cut the duration of the visit from a few months to a few weeks. We'll make sure she has pictures of us, and her family with her at the time of her interview. I'll give her proof of my employment. I'll give her the revised itinerary of our trip, showing it'll only be for a few weeks rather than a few months. I suppose I'll still give her an invitation letter from my family, as it can't hurt (even if the consulate will not read it or consider it, you never know).  Do you think it's still worthwhile to have her bring documents showing we are getting married here in Vietnam (proof of deposits / receipts of things paid)? Also, would it help to say that we would be taking this trip to meet my family, sight see a little, and also determine if she is comfortable having our honeymoon here?

 

Finally, it;s a tough pill to swallow that her having a son (she is a single mother, the father left before the son was born) and the fact her entire family is here will count for nothing. I understand from the consulate's POV that every B2 applicant is a potential immigrant and that people leave their families all the time to pursue a better life, but will it count for anything to show we are intending to return to Vietnam?

 

Once again, I thank you both immensely for taking the time to help and answer some questions I've had.

[Auds 223]

Interviews can sometimes be very short and you don't get a chance to mention anything.

 

when she gets asked the question why would you like to visit the USA may be her only chance.

 

she has to start straight away with my finance is American settled in Vietnam and we will remain in Vietnam for the longest foreseeable future.  We have full wedding plans and payment...here in September 2018 - we wish to meet his family before...

 

 

her chances are very small unfortunately and interviews often don't give a chance beyond a question or two and you cannot request to talk..

 

make sure a tight short. It comprehensive answer is given in answer to why you would like to visit the USA.

[geowrian 22,338]

I wouldn't say children and/or other family doesn't count...just that it's usually insufficient in itself to overcome the presumption of immigrant intent. At the very least, I would presume it is more favorable than having no family in the home country.

[Chris Duffy 1,257]

Odd are slim to none she will get a visa.

 

 

[Cup_of_Joe 0]

Thanks again everyone for your helpful answers! You've all given me some things to chew on. 

 

I suppose the best we can do is prepare short, sweet, and to the point answers for any questions they may ask. Also be sure to make a good first impression, especially with the very first question about why she wants to visit the US. Try and make it clear, while keeping it short, that she's going only to meet my family and sight see, since we already live in Vietnam, have our wedding plans set for September 2018 in Vietnam, and since her entire family is in Vietnam. Hopefully, luck will be on our side and she'll at least be able to squeeze a few words in/ provide a few docs for the interviewer, to help her case.

 

Not sure what else to do at this point except prepare and wait. Is it worth trying again if she gets rejected? Or should we just start the process for a K1 visa and postpone our US trip until later this year/early next year?

[Boiler 45,934]

A K1 is not likely to be processed before the very end of the year.

 

VJ is full of single mothers leaving children behind so that is not a tie.

 

She applies and finds out.

 

[SusieQQQ 11,587]

I’m not quite as pessimistic as the others here on your chances, I do think the thing to stress is your wedding plans in Vietnam for after the trip and that you’re settled in Vietnam. Hopefully she gets a chance to talk about that.

i don’t understand why you’d want a K1 visa if you don’t plan to relocate to the US.