HELPPP! 😖 Need advice and your opinion

[Diane and Chris 651]

7 hours ago, Alabamak1 said:

No, it will not affect it. The k-1 is an immigrant petition, not a non-immigrant petition. 

That is not true. K-1 visas are non immigrant visas. Once you enter the US, you marry and then adjust status using the I-485 form to receive your green card. Here is the info from USCIS. 

 

Feb 8, 2018 · If you are currently in the United States and meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card. You must have married your U.S. citizen petitioner within 90 days of being admitted to the United States as a K-1 nonimmigrant.

[Daniela M_______ 410]

30 minutes ago, Diane and Chris said:

That is not true. K-1 visas are non immigrant visas. Once you enter the US, you marry and then adjust status using the I-485 form to receive your green card. Here is the info from USCIS. 

 

Feb 8, 2018 · If you are currently in the United States and meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card. You must have married your U.S. citizen petitioner within 90 days of being admitted to the United States as a K-1 nonimmigrant.

Maybe Alabamak1  was making reference to the intentions of K1, they know you are going to stay not for vacations. So ties to your home country won't be as important here as in a visitors visa.

[JFH 12,191]

5 hours ago, Scott Br said:

If the main purpose of her travel was to visit her sister, that's all she need to answer.  

 

For any single Filipina, it's almost impossible to get an approved tourist visa.  Nothing really silly about it.

But what makes you think the main purpose was to visit her sister? Only the OP knows the real reason for her visit. What we are saying is we find it hard to believe that someone with a boyfriend in the USA would come here primarily to visit her sister and the boyfriend would be a secondary reason. 

 

Just because its difficult to get a tourist visa, doesn't mean that being deliberately vague or ommissive with the questioning is justified. Ironically, this is one of the reasons it could be difficult for people from certain demographics - their peers leave out their real intentions when questioned because they believe the real reason will cause a denial. 

[Jaquelly 1,647]

Out of curiosity, what if another person:

 

1. Uses their visa to see their sister

2. Sees their boyfriend but doesn't tell USCIS at the interview they intend to see him

3. Uses their stamps from seeing their sister as 'proof' of meeting their boyfriend within 2 years

4. USCIS is like, but you didn't say you were going to see him then?

5. That is then seen as misleading?

[TM92 527]

I'm also curious about the answer to the question. But let me add to the bullet point below:

28 minutes ago, Jaquelly said:

2. Sees their boyfriend but doesn't tell USCIS at the interview they intend to see him

*interview at embassy. And doesn't tell CBP at POE the full purpose for US visit.

Edited August 12, 2018 by TM92

[Jaquelly 1,647]

17 minutes ago, TM92 said:

I'm also curious about the answer to the question. But let me add to the bullet point below:

*interview at embassy. And doesn't tell CBP at POE the full purpose for US visit.

You know what I mean. It's been a long day

Seriously though, what if it came up at the interview? Or later on in a different visa process? Is it worth lying?

[Villanelle 4,122]

34 minutes ago, Jaquelly said:

Out of curiosity, what if another person:

 

1. Uses their visa to see their sister

2. Sees their boyfriend but doesn't tell USCIS at the interview they intend to see him

3. Uses their stamps from seeing their sister as 'proof' of meeting their boyfriend within 2 years

4. USCIS is like, but you didn't say you were going to see him then?

5. That is then seen as misleading?

 

8 minutes ago, TM92 said:

I'm also curious about the answer to the question. But let me add to the bullet point below:

*interview at embassy. And doesn't tell CBP at POE the full purpose for US visit.

first I want to say none of my comments nor comments from JFH are meant to attack the OP.

 

Whats being talked about in this thread is very common. As JFH posted in some areas its very hard to get a tourist visa. Sometimes the applicant will try to tailor their answers to what they think will get them approved. if you are deliberately vague or omit things and then its reviewed at your K visa interview and discovered they will not accept the excuse of I wasnt asked that exact question and felt it was irrelevant so I left it out.

 

It is not the applicants job to decide what is relevant info and what is not. You have to disclose everything- good or bad and let the chips fall where they may.

 

 Now like I said- the situation is common. The outcome is subjective. Sometimes the Officer in the interview is very thorough and will pick up on it (as JFh did with the initial post). Sometimes they dont mention it.

 

If the Officer decides to make an issue about it- theres nothing you can do. Sometimes they do and its a whole lot of hassle for the couple. Ultimately at the end most will get the K visa. This would be after a waiver. (expensive and time consuming).

 

 

As for the specific question- That exact situation does happen. Whether you submit the stamps as proof or not USCIS knows your travel history. As for if its considered 'misleading' again thats a subjective decision the CO makes. Some are tougher then others.

[Jaquelly 1,647]

Just now, Damara said:

 

first I want to say none of my comments nor comments from JFH are meant to attack the OP.

 

Whats being talked about in this thread is very common. As JFH posted in some areas its very hard to get a tourist visa. Sometimes the applicant will try to tailor their answers to what they think will get them approved. if you are deliberately vague or omit things and then its reviewed at your K visa interview and discovered they will not accept the excuse of I wasnt asked that exact question and felt it was irrelevant so I left it out.

 

It is not the applicants job to decide what is relevant info and what is not. You have to disclose everything- good or bad and let the chips fall where they may.

 

 Now like I said- the situation is common. The outcome is subjective. Sometimes the Officer in the interview is very thorough and will pick up on it (as JFh did with the initial post). Sometimes they dont mention it.

 

If the Officer decides to make an issue about it- theres nothing you can do. Sometimes they do and its a whole lot of hassle for the couple. Ultimately at the end most will get the K visa. This would be after a waiver. (expensive and time consuming).

 

 

As for the specific question- That exact situation does happen. Whether you submit the stamps as proof or not USCIS knows your travel history. As for if its considered 'misleading' again thats a subjective decision the CO makes. Some are tougher then others.

Right on. I know we were lucky, Andy is from the UK and our case was straightforward. Now, you have to ask yourself if the risk is worth it. That's the point I was getting at

[angelou 43]

9 hours ago, JFH said:

But you deliberately withheld information about having a boyfriend in the USA. You thought they would deny you if you mentioned it. 

 

You’re surely not expecting people to believe that you were planning to come to the USA for 5 months and not see your boyfriend at all? 

Because it was not even asked at all. When I was asked the purpose of my travel.. I told the consul that my sister invited me to visit her. Since that was main purpose. And then the rest of the questions were about my sister’s background. My sister lives in Phonenix and my boyfriend lives in North Carolina. I didn’t lie and didn’t deceive them. It was all because my sister really invited me. And that’s what I told them. No question asked if I would meet different person. 

[Jaquelly 1,647]

8 minutes ago, angelou said:

Because it was not even asked at all. When I was asked the purpose of my travel.. I told the consul that my sister invited me to visit her. Since that was main purpose. And then the rest of the questions were about my sister’s background. My sister lives in Phonenix and my boyfriend lives in North Carolina. I didn’t lie and didn’t deceive them. It was all because my sister really invited me. And that’s what I told them. No question asked if I would meet different person. 

That's not the point.

 

We, as a website, and group, will always say that you need to be completely honest with the consul. We won't condone convenient withholding. If you HAD intent to see your boyfriend on the same visit, you should have said so.

[angelou 43]

So you’re all implying that my situation might affect my K1 then? And that my case is not common and might subject to a denial? It is not just that my sister’s background might affect the K1.... but Also the answers I gave to them during my interview? I wasn’t sure if I’m just the one in million people who has this case. It was just a coincidence that I applied and that I had a boyfriend that time. Primarily the main reason was to see my sister. Since she was about to pay for everything (even put in my ds160 about who will cover my expenses) that showed lack of ties to my home country. Now for the K1 because of what happened way back 2015... there’s a posibility that the consul may not look throughly in our relationship?  

[TBoneTX 45,918]

3 hours ago, Diane and Chris said:

That is not true. K-1 visas are non immigrant visas.

In reality, the K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.  This is why, as stated, they're processed by the Immigrant Visa units of the consulates.

----------

Thread is moved from the K-1 Case Progress subforum to the Embassy/Consulate forum -- topic involves that phase.

Edited August 12, 2018 by TBoneTX

[angelou 43]

43 minutes ago, Jaquelly said:

That's not the point.

 

We, as a website, and group, will always say that you need to be completely honest with the consul. We won't condone convenient withholding. If you HAD intent to see your boyfriend on the same visit, you should have said so.

Well to be honest we weren’t even sure if we would meet because my sister wouldn’t even pay for extra expenses, another plane ticket just to see my boyfriend? She wasn’t even like that at all. If that was even a plan but no guarantee if I would see my boyfriend or not. That’s why I knew to myself that I wasn’t even sure at all if I would see him or not. I was just a student and couldn’t afford any trips unless if he tried to come over and see me then... so that’s why I didn’t think about mentioning it. Cos me myself wasn’t even sure at all. 

[Loren Y 2,756]

11 hours ago, JFH said:

But you deliberately withheld information about having a boyfriend in the USA. You thought they would deny you if you mentioned it. 

 

You’re surely not expecting people to believe that you were planning to come to the USA for 5 months and not see your boyfriend at all? 

I love it. Some of the members on here should be adjudicators, nothing gets by them.....

 

But in other news, I applied for a tourist visa for my girlfriend on October 2017 and she was honest about everything and was denied of course as expected, then in December only about 2 months later I filed for the K1 visa. She has her interview in about 3 days from now, so I will let you know if anything even comes up about the tourist visa. I mentioned it in the application, and included the application number and everything when it asks if you ever tried for a visa to the USA before, so knowing that I haven't lied one bit, not even a little grey lie, I am confident she will get the K1 visa, but we will see soon.

 

One thing I never see stressed more often is not to lie to any USCIS/ Immigration official/ CBP officer / CO or anyone that even comes close to immigration because it will come back to haunt you 100 years later. And the amount I see that on this forum I am taking it as the truth. There may be a lot of things posted here you take with a grain of salt, but this isn't one of them.

[visaqueries 111]

My husband (not at the time) had applied for a visitor visa.  He said he was coming to visit me, his friend.  This was 2012.  We had not seen each other since 2009 and in the time between 2009 and 2012 we were not dating.  However, we started talking again in February 2012, and since I had been to Egypt already, we thought it might be a good idea for him to come to the US, meet my family, and see the states.  He would not have stayed beyond his visa, but it didn't matter.  He was denied.  As a result, I went to visit him in May 2012.  We decided then we wanted to apply for the K1.  It took us until August to get the papers together.  When he finally had his interview, they did ask him about his attempt to travel to the US to see me.  It was kind of an issue.   They asked him why he had called me a friend in his interview but was now planning to marry me.  (He told them that he hadn't seen me in three years and couldn't rightfully call me his girlfriend, much less fiancee, until we saw each other again to see how our chemistry worked). 

 

My point is they will probably ask about it.  As long as you are honest in your answers, I think your chances will be good.