K1 and/or Tourist visa?

[home_visit 2]

Hello everyone, 

 

Thank you for any advice or thoughts you may have.  I am a US citizen that has lived overseas for many years, and have been living with my partner for about five years.  She applied for a US tourist visa three times, and was granted a visa on her last attempt.  We went to the US for about a month and departed as planned with no problems.

 

In March of this year, she was to have her interview for the fourth attempt, but her interview appointment was canceled due to the Covid pandemic.  Now it seems that the Embassy is opening for tourist visa interviews again, and she would be eligible to pick up that application again and have her interview.

 

Meanwhile, I have been offered a job in the US that I can't refuse, and it will require me to be in the US for 7-12 months at least before I can go work abroad again.  I regret to spend such a long time away from my partner.  I am considering whether we should apply for a K1 visa, but I understand it will take quite a long time for it to be processed.

 

One question is whether being refused for a tourist visa would in any way impact on the K1 visa application.  For the tourist visa, she must demonstrate a likelihood to return.  The Embassy may not look favorably on that since I am going to live in the US.  But for the K1 visa, it seems likelihood of returning is not much of a factor, and the newly married spouse can then apply for a green card.  Is that correct?

 

Does US CIS/Dept of State often refuse K1 visas and if so, what are the reasons?  (assuming a demonstrably legitimate relationship).

 

Thank you in advance for any thoughts you may have.   

[Just Paul 4,595]

26 minutes ago, home_visit said:

One question is whether being refused for a tourist visa would in any way impact on the K1 visa application. 

No effect.

27 minutes ago, home_visit said:

Does US CIS/Dept of State often refuse K1 visas and if so, what are the reasons?

It is pretty rare - usually do prior misrepresentations or overstays (bans).   Some of those may waived.

30 minutes ago, home_visit said:

But for the K1 visa, it seems likelihood of returning is not much of a factor,

K1 visa holders do not need to show ties back to the "home" country.

[Zoeeeeeee 797]

As @Paul & Mary said above, being refused a tourist visa will have no impact on obtaining a K1 visa. However, applying for a K1 visa will almost certainly have an impact on applying for future tourist visas, particularly if she's already been denied them in the past.

 

Essentially, what this means is that whilst you're awaiting the K1, waiting for your petition to be accepted, forwarded to NVC etc, it's unlikely your partner would be granted a tourist visa to come visit you in the US - you'd have to go to her instead.

Edited September 16, 2020 by Zoeeeeeee
Typo...I wrote NBC initially...they won't get involved in your visa process 🤣

[Zoeeeeeee 797]

Not that that's really an issue (well, it may be, but it's an unavoidable one for many people unfortunately), but just letting you know as an FYI 🙃.

[home_visit 2]

4 hours ago, Paul & Mary said:

No effect.

It is pretty rare - usually do prior misrepresentations or overstays (bans).   Some of those may waived.

K1 visa holders do not need to show ties back to the "home" country.

Paul and Mary, 

 

Thank you for your reply.  I am not at all familiar with the K1 visa, excuse me if I am asking basic questions as this job offer has just come up.

 

So I guess we could proceed with the B1/B2 visa, and then, regardless of the outcome, pursue the K1 visa.  However, the K1 visa requires the fiancee to be in their home country for some of the process, right?  Is it the interview only, or are there other parts of the K1 visa application that require them to be in their home country?

 

So, for instance, if my partner were issued a tourist visa, then they would have to return to their home country in time for certain parts of the process- what are those parts of it?

 

Tourist visas are valid for six months I believe, so that would eat up a lot of the time that I will have to be in the US.  (of course this assumes that my partner would get a tourist visa, which is far from a foregone conclusion!  🙂  )

[home_visit 2]

2 hours ago, Zoeeeeeee said:

As @Paul & Mary said above, being refused a tourist visa will have no impact on obtaining a K1 visa. However, applying for a K1 visa will almost certainly have an impact on applying for future tourist visas, particularly if she's already been denied them in the past.

 

Essentially, what this means is that whilst you're awaiting the K1, waiting for your petition to be accepted, forwarded to NVC etc, it's unlikely your partner would be granted a tourist visa to come visit you in the US - you'd have to go to her instead.

I think what you're saying is that once you've applied for the K1 visa, your foreign partner would be unlikely to receive a tourist visa in the interim, until their K1 visa is approved (at which time you'd no longer need a tourist visa).

 

This is a significant factor, of an unpleasant separation, since I wouldn't have much time off work, and it's a long trip to go visit my partner in her home country.  But in the long run it would probably be worth it.

 

Thank you for your feedback and information! 

[home_visit 2]

Thanks both for your replies... one more question.  After you've gotten your K1 visa, and then been legally married, how much longer does it take to obtain a green card, (also known as becoming a legal permanent resident)?

[Just Paul 4,595]

If you are doing to apply for a tourist visa then do that before apply for a K1.   In order to get a B2 visa you have to prove to the consular officer that you do not have immigrant intent and ties to the home country.    Having a pending k1 show immigrant intent.

 

The beneficiary only has to be in their country at the time of the interview.

 

I don't see the country you are talking about listed but let's say the consulate typically issues 10 year / 180 days visas.   This does not mean that the fiance can stay in the US 180 days, leave shortly then come back.    They need to stay out of the country more than they stay in the country.   The 180 days is the maximum time that DHS can allow them to stay in the country.   That maximum time is determined when they enter the country.   It can be 10 days, 30 days, up.to 180 days.  Again depending on the country the time can be very limited.

 

Most couples spend a significant time apart.   That is just how it works.   You can shorten that time by visits each way, living in there country(like you are doing now) or even do what we did live together in a 3rd country.

 

4 hours ago, home_visit said:

Thanks both for your replies... one more question.  After you've gotten your K1 visa, and then been legally married, how much longer does it take to obtain a green card, (also known as becoming a legal permanent resident)?

The first part of the timing depends on how fast you marry and how fast you get a certified copy of the marriage license.  Then file the whole package.  If you file for an AP/EAD then that it taking 6 to 9 months.  A green card, depending on where you live, can take 12 to 18 months.  If wanting to work or travel internationally then a spousal visa is a better fit. Plus a spousal is significantly cheaper.

 

Also if there is another round of consulate closures, note that the last time the spousal visas were processed first when consulates reopened while all of the fiances visas were held back.

[carmel34 3,655]

14 hours ago, home_visit said:

I have been offered a job in the US that I can't refuse, and it will require me to be in the US for 7-12 months

1.  A K-1 approval, even if you filed a petition today, is at least 7-12 months away.  By that time your job in the US will end.

 

2.  A foreign citizen cannot use a B2 tourist visa to live in the US.  It is for short visits of a few weeks or a few months, for typical tourism activities like visiting Disney World or the Grand Canyon or NYC, and is only approved if strong ties and high likelihood of returning to the foreign country can be demonstrated.  That would be very difficult with a US fiance, but not impossible.  All visitors are subject to inspection at POE by an officer who has the discretion whether or not to let them in the US and for how long.

 

Good luck!

[Boiler 46,113]

K1 would seem an odd choice, why not go CR1

[Chancy 6,243]

11 hours ago, home_visit said:

Tourist visas are valid for six months I believe, so that would eat up a lot of the time that I will have to be in the US.  (of course this assumes that my partner would get a tourist visa, which is far from a foregone conclusion!  🙂  )

 

What is your fiancee's home country?  Was she granted only a single-entry B1/B2 visa?  Knowing her country is also helpful for getting more accurate advice here, as there are country-specific quirks for K1.  For example, it is more difficult to get a K1 visa in MENA countries than, say, the Philippines.

 

Most tourist visas issued by the US embassy in my country are multiple entry and valid for 10 years.  However, the allowed duration of each stay in the US is decided by the CBP officer at the point of entry.  By default, the allowed duration is 6 months, but it can be as short as 1 day.  Or the CBP officer may decide to deny entry to the visitor and send them on the next flight back to their country.  CBP has discretion to allow entry, regardless of where the tourist visa was issued.

 

[Cathi 5,784]

1 hour ago, Boiler said:

K1 would seem an odd choice, why not go CR1

I was thinking exactly the same.

[XenophiliusPNW 32]

Looking over your questions, it seems like you want to get married at some point along this journey. If that's the case, the best thing seems to be to get married ASAP and applying for a CR-1 instead of messing with the fiancé visa. It's significantly cheaper now (much more than it used to be, relative to the K-1 which has just basically doubled in cost) and allows your partner to stay as long as she would like, can work immediately upon arrival, etc.  Also, the embassy is likely to prioritize spousal visas over fiancé... so that is something to take into consideration with the huge COVID backlog and USCIS austerity measures. 

[home_visit 2]

20 hours ago, Paul & Mary said:

If you are doing to apply for a tourist visa then do that before apply for a K1.   In order to get a B2 visa you have to prove to the consular officer that you do not have immigrant intent and ties to the home country.    Having a pending k1 show immigrant intent.

 

The beneficiary only has to be in their country at the time of the interview.

 

I don't see the country you are talking about listed but let's say the consulate typically issues 10 year / 180 days visas.   This does not mean that the fiance can stay in the US 180 days, leave shortly then come back.    They need to stay out of the country more than they stay in the country.   The 180 days is the maximum time that DHS can allow them to stay in the country.   That maximum time is determined when they enter the country.   It can be 10 days, 30 days, up.to 180 days.  Again depending on the country the time can be very limited.

 

Most couples spend a significant time apart.   That is just how it works.   You can shorten that time by visits each way, living in there country(like you are doing now) or even do what we did live together in a 3rd country.

 

The first part of the timing depends on how fast you marry and how fast you get a certified copy of the marriage license.  Then file the whole package.  If you file for an AP/EAD then that it taking 6 to 9 months.  A green card, depending on where you live, can take 12 to 18 months.  If wanting to work or travel internationally then a spousal visa is a better fit. Plus a spousal is significantly cheaper.

 

Also if there is another round of consulate closures, note that the last time the spousal visas were processed first when consulates reopened while all of the fiances visas were held back.

Hello Paul & Mary,

 

Thank you for your time and your helpful information.  Without revealing my identity I can just say that my partner is from a poor east Asian country.  When she did receive her tourist visa, it was just a double entry with six months validity I believe.  It seems that they are not issuing the 10 year tourist visas for most people of this country.

 

We had already applied for another tourist and then the pandemic hit and her visa appointment was canceled.  The Embassy website now says they have reopened it but she has not been able to register for another appointment yet.

 

So a green card takes 12-18 months!   That is a long time.  So 6-9 months for the fiance visa and another 12-18 months for the green card, would be way beyond the time that I'm likely to be in the US.

 

A spouse visa may be better (need to investigate that one), but that would require us to get married abroad, correct?  To summarize, getting married in my partner's home country is undesirable because of corruption, and unreasonable administrative hurdles that are created in order to facilitate corruption.  Believe me, this is not a pleasant option.  So a person may opt to get married, for example, in Hong Kong.  But that's also going to be difficult due to the Covid crisis.  

 

Please let me know if you have any further thoughts about this...

[home_visit 2]

15 hours ago, carmel34 said:

1.  A K-1 approval, even if you filed a petition today, is at least 7-12 months away.  By that time your job in the US will end.

 

2.  A foreign citizen cannot use a B2 tourist visa to live in the US.  It is for short visits of a few weeks or a few months, for typical tourism activities like visiting Disney World or the Grand Canyon or NYC, and is only approved if strong ties and high likelihood of returning to the foreign country can be demonstrated.  That would be very difficult with a US fiance, but not impossible.  All visitors are subject to inspection at POE by an officer who has the discretion whether or not to let them in the US and for how long.

 

Good luck!

Thank you for your advice and input!  

 

I had seen on the internet that they say 6-9 months for a K-1 visa... although things can often drag on so I can see why you would say up to 12 months.

 

Re tourist visa, if she did get it, and then also got entry at the border, seemingly there would be no issue with her living at my residence for the term of her visa until its time to depart?  My understanding is that as long as she leaves the country according to the length of the visa there is no issue.  In this case there would be almost zero chance of her overstaying as the stakes are too high (in terms of future difficulties getting a visa).  Please correct me if I'm wrong on this.