Tourist Visa after not marrying on K1 (split)

[bing bing 0]

Hi, I would like to ask regarding my situation. I'm currently in the US with K1 visa. My fiance wants a prenuptial agreement. He consulted the immigration lawyer and told him prenup is pointless. My visa will expire next month and need to go back to philippines before it will expire. My fiance planning to get me a tourist visa instead. Is there possible to get tourist visa approve and he will be the sponsor? Being a k1 visa holder won't affect my status in getting a new visa? Thank you. Hope someone here could relate to my situation

Edited April 22, 2020 by bing bing

[Ontarkie 14,143]

~~Hijack post split off unrelated thread. Please do not post questions for your own case in other members threads. Your post is now in Tourist Visas, from Covid-19~~

[Ontarkie 14,143]

It is highly unlikely you will be able to get a tourist visa. Your Fiance cannot sponsor you for a tourist visa. 

 

 

Why the need for a tourist visa? What does he expect that to change?

[Crazy Cat 41,288]

1 hour ago, bing bing said:

Hi, I would like to ask regarding my situation. I'm currently in the US with K1 visa. My fiance wants a prenuptial agreement. He consulted the immigration lawyer and told him prenup is pointless. My visa will expire next month and need to go back to philippines before it will expire. My fiance planning to get me a tourist visa instead. Is there possible to get tourist visa approve and he will be the sponsor? Being a k1 visa holder won't affect my status in getting a new visa? Thank you. Hope someone here could relate to my situation

Your K-1 visa is now void.  It is a single entry visa.  You have 90 days from entry into the US to marry.  It will be difficult to get a tourist visa after leaving the US.  Yes, having prior intent to stay in the US can affect the outcome.  You will have to qualify on your own merits.  Your fiance can not help.  Good luck.

[Letspaintcookies 2,291]

So he doesn't want to marry you anymore but keep you as a girlfriend or do you don't want to marry him anymore? 

 

It's already hard enough getting a tourist visa being from the Philippines but whit a K1 history it's probably almost impossible. Of course you won't find out until you try. There is no sponsorship for a tourist visa

[aratamorne 164]

Tourist VISA for young unmarried Philippine is unlikely unless you can show strong ties to home.  Especially if you are returning to the US to see your fiancee after returning to PI after having a K1, any attempts to go back to the US will most likely be viewed as having intent to immigrate.   Please explain to your fiancee that even if he marries you on a tourist VISA and has you sign a prenup, the I-864 still puts him on the hook to provide for you even if your marriage does not work out.

[JFH 12,189]

Moral of the story - discuss all financial matters, pre-nup questions, etc before applying for a K-1. Make sure you are on the same page before starting. Marriage is a lifelong commitment. 
 

Why do you need a tourist visa? If you are not getting married to him because you have realized it would be a mistake why would you want to come back to visit him? 

Edited April 22, 2020 by JFH

[Unlockable 7,314]

Sounds like they still want to be together but the brakes have been put on getting married. The prenup may be the deal breaker. No prenup will absolve someone from the affidavit of support.

 

1 hour ago, bing bing said:

My visa will expire next month and need to go back to philippines before it will expire.

Your visa is already expired. The K1 visa is a one time use that is voided the moment you step foot in the US. You period of stay (90 days) is what is about to expire.

 

1 hour ago, bing bing said:

My fiance planning to get me a tourist visa instead. Is there possible to get tourist visa approve and he will be the sponsor?

He can't. That is not how visitor visas work. Third parties can not get visitor visas for foreigners. There is no sponsorship for visitor visas. You will have to obtain it on your own. And with your current situation... it is going to be really hard for you to get one.

 

To be brutally honest, once you go back home, you will not be back in the US for a while. A failed K1 and a boyfriend/former fiance in the US is an almost guaranteed visitor visa denial. You will have to continue the relationship as long distance with him visiting you.

[Just Paul 4,594]

1 hour ago, bing bing said:

Being a k1 visa holder won't affect my status in getting a new visa?

If you couldn't get a B2 prior to the K1 don't expect to be able get one after a K1.  You would need to show extensive ties and assets to the Philippines. 

 

1 hour ago, bing bing said:

He consulted the immigration lawyer

That is the wrong attorney.

 

1 hour ago, bing bing said:

My fiance wants a prenuptial agreement.

Did you just find this out?  A prenup can be a valid agreement even with the I-864.  (the I-864 support will survive a demise since the contract is between the US Government and the Petitioner)  We have a prenup, actually about 7 different documents.  I have children and business partners that drove the documents.  We have a prenup in the Philippines, and post-coital agreements in Mexico and the US. Add two wills and everything before marriage is very clear with legal intent.   We have a partnership agreement that covers investments since marriage and everything is split evenly.  (She can even keep everything in her 401(k) and retirement accounts.)  All of this was laid out before marriage and immigration.   If it is just coming up now, and you are uncomfortable, you need to run and move on.  If you are ok with it then get the money and get your own attorney otherwise the agreement is usually not enforceable if you didn't have an attorney.

 

You have spent a lot of time and effort in the process.  You don't deserve being treated like this.

 

 

[annehs 0]

On 4/22/2020 at 6:24 PM, Paul & Mary said:

If you couldn't get a B2 prior to the K1 don't expect to be able get one after a K1.  You would need to show extensive ties and assets to the Philippines. 

 

That is the wrong attorney.

 

Did you just find this out?  A prenup can be a valid agreement even with the I-864.  (the I-864 support will survive a demise since the contract is between the US Government and the Petitioner)  We have a prenup, actually about 7 different documents.  I have children and business partners that drove the documents.  We have a prenup in the Philippines, and post-coital agreements in Mexico and the US. Add two wills and everything before marriage is very clear with legal intent.   We have a partnership agreement that covers investments since marriage and everything is split evenly.  (She can even keep everything in her 401(k) and retirement accounts.)  All of this was laid out before marriage and immigration.   If it is just coming up now, and you are uncomfortable, you need to run and move on.  If you are ok with it then get the money and get your own attorney otherwise the agreement is usually not enforceable if you didn't have an attorney.

 

You have spent a lot of time and effort in the process.  You don't deserve being treated like this.

 

 

He never mentioned to me about prenuptial agreement when I was still in my country. That was when I arrived in the US two months ago he mentioned the prenup and he consulted an immigration lawyer and told him that the prenup is pointless in k1 visa. He really needs the prenup since it's a nightmare to him when his ex wife divorce him and got most of his assets so he needs his own security. He plans to help me get the tourist visa so that I can go back to the US. His confident that I can get a tourist visa. I've been emotional with our situation. I wanna respect his decision but I feel that I'm hurt. I'm expecting too much for us to be together and live happily. And now I am not so sure what will happen next. But if this is for the best I should accept it. Thank you for replying me. I dont know where or who to talk with especially in my situation.

Edited April 24, 2020 by annehs

[Unlockable 7,314]

2 minutes ago, annehs said:

He never mentioned to me about prenuptial agreement when I was still in my country. That was when I arrived in the US two months ago he mentioned the prenup and he consulted an immigration lawyer and told him that the prenup is pointless in k1 visa. He really needs the prenup since it's a nightmare to him when his ex wife divorce him and got most of his assets so he needs his own security. He plans to help me get the tourist visa so that I can go back to the US. His confident that I can get a tourist visa. I've been emotional with our situation. I wanna respect his decision but I feel that I'm hurt. I'm expecting too much for us to be together and live happily. And now I am not so sure what will happen next. But if this for the best I should accept it. Thank you for replying me. I know know where or who to talk with regards to my situation.

Are you @bing bing?

 

If so, why are you using a separate account? 

[annehs 0]

On 4/22/2020 at 6:00 PM, JFH said:

Moral of the story - discuss all financial matters, pre-nup questions, etc before applying for a K-1. Make sure you are on the same page before starting. Marriage is a lifelong commitment. 
 

Why do you need a tourist visa? If you are not getting married to him because you have realized it would be a mistake why would you want to come back to visit him? 

Thank you for your reply. Honestly, he never mentioned about prenup agreement when I was still in my country until I arrived here 2 months ago that's the time. And he realised as well that he should research about it but it's too late now. He really needs the prenup because he been through a lot before when his ex wife divorce him and it's a nightmare to him. Thats his idea to get the tourist visa instead nd he spoke to a lawyer that getting tourist visa is still possible as long as I go back to philippines on time

[annehs 0]

Yeah im bing. Im sorry I logged to my other fb account. Im using facebook account to log in here

Edited April 24, 2020 by annehs

[Unlockable 7,314]

1 minute ago, annehs said:

Yeah im bing. Im sorry I logged to another account. Im using facebook account to log in here

OK, well that is against the site's rules. the mod team will review your accounts and decide on the correct action.

 

VJ Moderation

[annehs 0]

2 minutes ago, Unlockable said:

OK, well that is against the site's rules. the mod team will review your accounts and decide on the correct action.

 

VJ Moderation

Oh Im really sorry I didnt know it. Im still not familiar with the features on how I can log in on this site properly. Im hoping for consideration.