K1 visa interview question

[SJI 8]

My fiance got her interview date in July 2018. Before we started this k1 visa process, my lawyer suggested my fiance to try for visit visa due to its short processing time or minimal cost. And the idea behind it was to show that she met me during her trip to US and we fell in love. But she was denied the visit visa as she could not show enough ties to her place of residence which is Dubai (her current workplace).  She is originally from India. When she filled out DS-160 form for her visit visa in the past, she checked "No" for the question "If you have any immediate family member. But for the k1 visa, that question was answered "Yes" since I am her fiance. I discussed with my lawyer about it and she said it should not be a problem with her previous response to "No" on the visit visa case. Can someone verify that for me or if anyone had such experience?

 

Also, none of our parents are aware of our relationship as they are homophobic. We planned to tell our parents once we get married. My fiance will be interviewed in Abu Dhabi and we are aware that it should not be a problem as the interview will take place in US embassy. If the consular questions about family approval, she is planning to tell them "Our family does not approve same-sex relation/marriage. But we love each other strongly and we promised to be with each other for the rest of our lives and our family's decision won't affect our relationship." Is this a decent response?

 

Thanks for your help!

Edited May 12, 2018 by SJI

[britishandusa 446]

36 minutes ago, SJI said:

My fiance got her interview date in July 2018. Before we started this k1 visa process, my lawyer suggested my fiance to try for visit visa due to its short processing time or minimal cost. And the idea behind it was to show that she met me during her trip to US and we fell in love. But she was denied the visit visa as she could not show enough ties to her place of residence which is Dubai (her current workplace).  She is originally from India. When she filled out DS-160 form for her visit visa in the past, she checked "No" for the question "If you have any immediate family member. But for the k1 visa, that question was answered "Yes" since I am her fiance. I discussed with my lawyer about it and she said it should not be a problem with her previous response to "No" on the visit visa case. Can someone verify that for me or if anyone had such experience?

 

Also, none of our parents are aware of our relationship as they are homophobic. We planned to tell our parents once we get married. My fiance will be interviewed in Abu Dhabi and we are aware that it should not be a problem as the interview will take place in US embassy. If the consular questions about family approval, she is planning to tell them "Our family does not approve same-sex relation/marriage. But we love each other strongly and we promised to be with each other for the rest of our lives and our family's decision won't affect our relationship." Is this a decent response?

 

Thanks for your help!

I’m a little lost. What do you mean by lawyer suggestion “met her trip to US and we fell in love?” Have you guys actually met in person yet? 

 

For the question about immediate family member, I would put no since fiancé is technically not family yet.

 

And that response is fine, don’t go overboard.

[bakphx1 789]

 Normally, they don't ask about family approval.  Just saying you're not out to your family is fine. 

 

But your attorney told you to stage a fake first time meeting for fraudulent purposes?   You can always get yourself into big problems by lying to USCIS & NVC. Huge problems and make someone permanently ineligible for any kind of Visa in the future. You may have dodged a bullet by not being able to pull that off. You received horrible advice.

[Roel 7,193]

Hun,  "fiance" is not an family member. The form question is about parents, spouses or siblings. 

 

IF you haven't met in person yet you cannot file for k1 visa. 

 

Also fire that lawyer. You can complete the process on your own. 

 

As for families - it might be an issue if the embassy takes it as your relationship not being geniue since your families don't know about it. 

[SJI 8]

There is nothing staged here. We met 3 times already. After our first trip, I wanted to through K1 visa process and consulted an attorney. she told my fiance to try through visit visa first to see if she can come here without going through the k1 visa process.She didnot mention me in the visit visa even though we were already in relationship.  Her purpose of visit was tourism. She was denied as she could not show strong ties to her place of residence.

3 minutes ago, bakphx1 said:

 Normally, they don't ask about family approval.  Just saying you're not out to your family is fine. 

 

But your attorney told you to stage a fake first time meeting for fraudulent purposes?   You can always get yourself into big problems by lying to USCIS & NVC. Huge problems and make someone permanently ineligible for any kind of Visa in the future. You may have dodged a bullet by not being able to pull that off. You received horrible advice.

You got my question wrong.

[SJI 8]

1 minute ago, Roel said:

Hun,  "fiance" is not an family member. The form question is about parents, spouses or siblings. 

 

IF you haven't met in person yet you cannot file for k1 visa. 

 

Also fire that lawyer. You can complete the process on your own. 

 

As for families - it might be an issue if the embassy takes it as your relationship not being geniue since your families don't know about it. 

fianceis family member. It was clearly mentioend in DS-160 form tips.

[britishandusa 446]

Just now, SJI said:

There is nothing staged here. We met 3 times already. After our first trip, I wanted to through K1 visa process and consulted an attorney. she told my fiance to try through visit visa first to see if she can come here without going through the k1 visa process.She didnot mention me in the visit visa even though we were already in relationship.  Her purpose of visit was tourism. She was denied as she could not show strong ties to her place of residence.

Uhhh, What did your lawyer mean by “ visit visa first to see if she can come here without going through K1 visa?” If they mean to come over on a tourist visa to adjust status, that is FRAUD and you should fire your lawyer IF that was the case. But seriously, you don’t need a lawyer for a K1. It’s a very simple process. I had no problem and no RFE without a lawyer.

[SJI 8]

My lawyer is top 10 immigration attorney for your kind information. Don't judge people instantly.

[bakphx1 789]

Nothing is misunderstood.  You said " And the idea behind it was to show that she met me during her trip to US and we fell in love." 

 

That is fraud.  If you are getting that bad of advice from the top 10 attorneys in the country, try for one in the bottom 10. We are telling you something that is very very important, if they get any idea that you have provided false information early on, then she can be ineligible to ever come to the United States. Some people try their luck and find that once they've documented a lie it's hard to ever back out at that. Do what you want it's your life that nobody has misunderstood anything.

[TNJ17 1,329]

She has to answer yes to family member in the US question because fiancée is a family member and if you click on the tip button next to the question it says fiancé/e counts. 

Family approval matters during interview stage at some embassies due to the country’s culture. There have been some people on VJ who reported India was one of them. Might wanna check that.

 

[Unlockable 7,316]

50 minutes ago, SJI said:

There is nothing staged here. We met 3 times already. After our first trip, I wanted to through K1 visa process and consulted an attorney. she told my fiance to try through visit visa first to see if she can come here without going through the k1 visa process.She didnot mention me in the visit visa even though we were already in relationship.  Her purpose of visit was tourism. She was denied as she could not show strong ties to her place of residence.

You got my question wrong.

You can’t  plan to use a visitor visa to come over, get married, and stay in the US. That IS considered fraud.

 

You ever wonder why it is so hard for some to get visitor visas to the US? Because too many people do exactly as you described above. So now immigration puts extra scrutiny to those that want to visit. If they have nothing to return to in their home country, like your fiancé, then what is stopping them from staying in the US.  So they are deemed a high risk of overstaying a visitor visa.

 

Your lawyer knew what he/she was doing. They knew it is a loophole that is difficult for immigration  to prove. This was simply a gamble to see if they can get your fiancé here faster.

 

This is not to chastise you or judge you but to educate you. I believe you sincerely did not know any better. But to answer your question, it should not have an effect on your K1 case.

Edited May 12, 2018 by NuestraUnion

[SJI 8]

1 hour ago, TNJ17 said:

She has to answer yes to family member in the US question because fiancée is a family member and if you click on the tip button next to the question it says fiancé/e counts. 

Family approval matters during interview stage at some embassies due to the country’s culture. There have been some people on VJ who reported India was one of them. Might wanna check that.

 

Thanks for your response. This is what I was looking for. I don't think my lawyer would have advised us about the tourist visa thing if she was aware of any complications that may cause trouble with k1 visa.

[SJI 8]

1 hour ago, NuestraUnion said:

You can’t  plan to use a visitor visa to come over, get married, and stay in the US. That IS considered fraud.

 

You ever wonder why it is so hard for some to get visitor visas to the US? Because too many people do exactly as you described above. So now immigration puts extra scrutiny to those that want to visit. If they have nothing to return to in their home country, like your fiancé, then what is stopping them from staying in the US.  So they are deemed a high risk of overstaying a visitor visa.

 

Your lawyer knew what he/she was doing. They knew it is a loophole that is difficult for immigration  to prove. This was simply a gamble to see if they can get your fiancé here faster.

 

This is not to chastise you or judge you but to educate you. I believe you sincerely did not know any better. But to answer your question, it should not have an effect on your K1 case.

Thanks for your response. This is what I was looking for. I don't think my lawyer would have advised us about the tourist visa thing if she was aware of any complications that may cause trouble with k1 visa.

[Amnazaid 46]

9 hours ago, SJI said:

My fiance got her interview date in July 2018. Before we started this k1 visa process, my lawyer suggested my fiance to try for visit visa due to its short processing time or minimal cost. And the idea behind it was to show that she met me during her trip to US and we fell in love. But she was denied the visit visa as she could not show enough ties to her place of residence which is Dubai (her current workplace).  She is originally from India. When she filled out DS-160 form for her visit visa in the past, she checked "No" for the question "If you have any immediate family member. But for the k1 visa, that question was answered "Yes" since I am her fiance. I discussed with my lawyer about it and she said it should not be a problem with her previous response to "No" on the visit visa case. Can someone verify that for me or if anyone had such experience?

 

Also, none of our parents are aware of our relationship as they are homophobic. We planned to tell our parents once we get married. My fiance will be interviewed in Abu Dhabi and we are aware that it should not be a problem as the interview will take place in US embassy. If the consular questions about family approval, she is planning to tell them "Our family does not approve same-sex relation/marriage. But we love each other strongly and we promised to be with each other for the rest of our lives and our family's decision won't affect our relationship." Is this a decent response?

 

Thanks for your help!

Yes i have also tried for vist visa from saudia riyadh 

but they rejected..!! 

Edited May 13, 2018 by Amnazaid

[SJI 8]

8 minutes ago, Amnazaid said:

Yes i have also tried for vist visa from saudia riyadh 

but they rejected..!! 

What did u show as the ourpose of your visit. My girl fried just mentioned tourism purpose and didnot mention me. Did they ever wuestion you about the reason of your visit visa denial during k1 visa interview?