K1 Denied. Applying for B1 Tourist Visa instead?

[ZeUs_XxX 10]

My fiancé and I originally applied for the K1 visa, but we were denied because I didn't visit her within the past two years (COVID and I'm in the military, but I seen her in 2019).

I went to visit her December 2022 and met someone who is also in a Long-Distance Relationship (LDR). He told me that his girlfriend came quickly on a tourist visa because you move the appointment date if someone cancels. I decided to apply for a tourist visa on her behalf in order to get her here quickly. Also, because it's easier for her to travel (self-employed) than it is for me and I own a home and car, so the expenses are cheaper.

Now, she is 22 and just graduated from a Human Resources course. She lives with her parents and has never left the country. How do I prove that she will not immigrate to the US? Below is what I suggested she say.

My family is here, and I plan to get married in Brazil. My fiancé is a Soldier, and I don't want him to get in trouble if I overstay my visa. Also, I plan to live with him one day and get a job. I can't get a job or become a citizen if I overstay my visa. I just miss my fiancé and it's easier for me to visit him, than it is for him to visit me. We plan to get married soon, but that visa will take forever to process so we also want the tourist visa so we can visit each other while a determination is made. I only plan to visit him two-three times a year because I also have a crochet business in Brazil that takes up a lot of my time.

Additional Information: I seen her 2019, and twice in 2022. I will see her next week again making it 4 times total.

[SalishSea 17,797]

What do you mean "prove that she will not immigrate to the US"??

 

Clearly, that has been the plan all along, as evidenced by the fact that you tried for a K-1.

 

Just get married and petition her for a spousal visa.  Yes, it will take at least two years.  That is just the deal with US immigration at the moment.    She's very, very unlikely to get a B visa.

 

You should really do some research into this process.  It is not cheap, easy or quick.  

[powerpuff 6,674]

The chances of B2 after a denied K1 are practically zero. 

[Boiler 45,439]

So you will be moving to Brazil or what is your plan?

[little immigrant 801]

Since you visited her in December 2022, why don't you file another K1? 

[Rocio0010 5,579]

8 hours ago, ZeUs_XxX said:

My fiancé is a Soldier, and I don't want him to get in trouble if I overstay my visa

Weak argument. 
 

 

9 hours ago, ZeUs_XxX said:

Also, I plan to live with him one day and get a job

This is exactly why they’re not going to issue a B1/B2 for her. 

 

9 hours ago, ZeUs_XxX said:

I can't get a job or become a citizen if I overstay my visa

Moot point because it is not true (but I’m not saying it’s ok to do so, I’m just saying better arguments are needed)

 

9 hours ago, ZeUs_XxX said:

but that visa will take forever to process so we also want the tourist visa so we can visit each other while a determination is made

Visit her in Brazil, or both of you should meet at a third country.

 

Trust me, you’re better off getting married and filing for a spousal

[JeanneAdil 6,488]

K1 denied /   probably no visa for tourist as fiancee has immigrant as shown 

 

I agree with all ;marry, file CR1 as u plan to marry in Brazil

 

My family is here, and I plan to get married in Brazil.

u can not get a K1 and marry in Brazil

[Sammy_2496 116]

The chances of getting a B visa in this case are zero

[Daphne . 1,852]

So what exactly will the tourist visa be for? I hope you’re not thinking about having her enter on a tourist visa with the intent to have her adjust status? It looks like the plan is that you want to live in the US together.

 

She has already shown immigrant intent (K1) so she will most likely not get a tourist visa.

[SalishSea 17,797]

2 hours ago, little immigrant said:

Since you visited her in December 2022, why don't you file another K1? 

Excellent point.   OP, a previous denial for not meeting the visit requirement will have no impact on petitioning for another K-1.   
 

Unless you want to marry now and do a CR-1 (the best option, for many reasons), K-1 is still the best option.   B visa is for visiting, and she wants to immigrate- so that’s not the correct visa.

[JeanneAdil 6,488]

2 hours ago, SalishSea said:

Excellent point.   OP, a previous denial for not meeting the visit requirement will have no impact on petitioning for another K-1.   
 

Unless you want to marry now and do a CR-1 (the best option, for many reasons), K-1 is still the best option.   B visa is for visiting, and she wants to immigrate- so that’s not the correct visa.

In this case K1 won't work as OP says 

My family is here, and I plan to get married in Brazil.

 

On K1 they must marry in US within 90 days and could not travel back to Brazil for an extended time for AOS process

[SalishSea 17,797]

18 minutes ago, JeanneAdil said:

In this case K1 won't work as OP says 

My family is here, and I plan to get married in Brazil.

 

On K1 they must marry in US within 90 days and could not travel back to Brazil for an extended time for AOS process

Maybe it won’t work for OP for personal reasons-  my point was that the previous K-1 denial has no impact on future filing should they choose to go that route.

[Crazy Cat 41,802]

12 hours ago, ZeUs_XxX said:

I decided to apply for a tourist visa on her behalf in order to get her here quickly.

That would be visa fraud.  The Terms of Service for Visa Journey prohibit discussing this.

 

Edited May 4, 2023 by Crazy Cat

[Crazy Cat 41,802]

13 hours ago, ZeUs_XxX said:

How do I prove that she will not immigrate to the US?

You can't  since your actions have shown that she DOES want to immigrate.  Your plan is full of holes, and is illegal if you are trying to bypass the queue.

[JeanneAdil 6,488]

8 minutes ago, SalishSea said:

Maybe it won’t work for OP for personal reasons-  my point was that the previous K-1 denial has no impact on future filing should they choose to go that route.

Maybe not /some depends on CO but lack of visits for 1st denial  will weigh heavy if they don't see each other more

 

TO the OP

u need to study and learn the process of touist ,  K1 and CR1 steps , pros and cons of each one,  the wait times and the cost 

K1 is more costly in the whole process and can take as long as a spouse visa 

and would mean if u want to marry in Brazil , u can have a 2nd ceremony after marriage in US and the long wait for AP and green card

Edited May 4, 2023 by JeanneAdil