K1 Denied. Applying for B1 Tourist Visa instead?

[Bh_sarah 942]

The fact you said "in order to get her here quickly" makes me think you might be thinking of AOS on a tourist visa. This is fraud. There is no loophole if you already have immigrant intent.
But let's say I misinterpreted you, and you only want to get her a visitor visa in order to just visit you in US.

You said she never left the country, so I'm thinking she never had a US visa, correct? So that would be her first time ever applying for an American visa. Right now, waiting times for a visitor visa in Brazil are at 400 days or more. And it's 2 days of interviews now from accounts I heard. You can try speeding it up by constantly checking the website to see if earlier dates opened, but it's luck. Some despachantes (visa agents) promise you to get it quickly but I can't attest to that. 

Just another perspective. I am on day 436 waiting for my K1 petition to be approved, only planning on being in US by October now. My US tourist visa expired a few months before I applied for K1. I won't even risk renewing it because I am pretty sure it will be a waste of time and $160 (it's almost R$900 here) because I have immigrant intent and have weak ties to my country. I'm young, have an American fiancé, work from home and live with my parents. I have travelled abroad a couple of times and have a tourist visa/work permit from Canada, and I am 99% sure they will deny my renewal (note that there isn't an interview in my case for renewals, I still won't risk it).

Her being young, recently graduated, with an American fiancé and living with her parents is a bad sign. When I first got my visitor visa I was also young and going through university, I was also going to travel with my parents, we went to Disney World. The officer gave me a hard time but in the end approved my visa. I don't think this will happen nowadays. The letter you intend to have her present won't mean much to the officer, same as her having crochet business or you being a soldier.

You say you intend to get marry in Brazil. Can't get married in Brazil on a K1. But if you do it, apply for a spouse visa. And wait. And wait. And in-between, visit in other countries or come visit her in Brazil, forget about her in US before the spousal visa is in hands. I met my fiancé 2 times in Mexico, but your fiancé will need a visa to enter Mexico though if she doesn't have a US/Canada one. Maybe think of other countries you both can go and is easier for her to enter. We don't need a visa to enter many countries in Europe.

Just my two cents being from Brazil, but do listen to all experienced users here on this thread.

Edited May 4, 2023 by Bh_sarah

[Sammy_2496 116]

If you still want her to live in the USA, best to apply for CR1 spouse visa and visit their country until that process is over.

[JeanneAdil 6,581]

26 minutes ago, Bh_sarah said:

The fact you said "in order to get her here quickly" makes me think you might be thinking of AOS on a tourist visa. This is fraud. There is no loophole if you already have immigrant intent.
But let's say I misinterpreted you, and you only want to get her a visitor visa in order to just visit you in US.

You said she never left the country, so I'm thinking she never had a US visa, correct? So that would be her first time ever applying for an American visa. Right now, waiting times for a visitor visa in Brazil are at 400 days or more. And it's 2 days of interviews now from accounts I heard. You can try speeding it up by constantly checking the website to see if earlier dates opened, but it's luck. Some despachantes (visa agents) promise you to get it quickly but I can't attest to that. 

Just another perspective. I am on day 436 waiting for my K1 petition to be approved, only planning on being in US by October now. My US tourist visa expired a few months before I applied for K1. I won't even risk renewing it because I am pretty sure it will be a waste of time and $160 (it's almost R$900 here) because I have immigrant intent and have weak ties to my country. I'm young, have an American fiancé, work from home and live with my parents. I have travelled abroad a couple of times and have a tourist visa/work permit from Canada, and I am 99% sure they will deny my renewal (note that there isn't an interview in my case for renewals, I still won't risk it).

Her being young, recently graduated, with an American fiancé and living with her parents is a bad sign. When I first got my visitor visa I was also young and going through university, I was also going to travel with my parents, we went to Disney World. The officer gave me a hard time but in the end approved my visa. I don't think this will happen nowadays. The letter you intend to have her present won't mean much to the officer, same as her having crochet business or you being a soldier.

You say you intend to get marry in Brazil. Can't get married in Brazil on a K1. But if you do it, apply for a spouse visa. And wait. And wait. And in-between, visit in other countries or come visit her in Brazil, forget about her in US before the spousal visa is in hands. I met my fiancé 2 times in Mexico, but your fiancé will need a visa to enter Mexico though if she doesn't have a US/Canada one. Maybe think of other countries you both can go and is easier for her to enter. We don't need a visa to enter many countries in Europe.

Just my two cents being from Brazil, but do listen to all experienced users here on this thread. 

Great explanation

[ZeUs_XxX 10]

4 hours ago, Bh_sarah said:

The fact you said "in order to get her here quickly" makes me think you might be thinking of AOS on a tourist visa. This is fraud. There is no loophole if you already have immigrant intent.
But let's say I misinterpreted you, and you only want to get her a visitor visa in order to just visit you in US.

You said she never left the country, so I'm thinking she never had a US visa, correct? So that would be her first time ever applying for an American visa. Right now, waiting times for a visitor visa in Brazil are at 400 days or more. And it's 2 days of interviews now from accounts I heard. You can try speeding it up by constantly checking the website to see if earlier dates opened, but it's luck. Some despachantes (visa agents) promise you to get it quickly but I can't attest to that. 

Just another perspective. I am on day 436 waiting for my K1 petition to be approved, only planning on being in US by October now. My US tourist visa expired a few months before I applied for K1. I won't even risk renewing it because I am pretty sure it will be a waste of time and $160 (it's almost R$900 here) because I have immigrant intent and have weak ties to my country. I'm young, have an American fiancé, work from home and live with my parents. I have travelled abroad a couple of times and have a tourist visa/work permit from Canada, and I am 99% sure they will deny my renewal (note that there isn't an interview in my case for renewals, I still won't risk it).

Her being young, recently graduated, with an American fiancé and living with her parents is a bad sign. When I first got my visitor visa I was also young and going through university, I was also going to travel with my parents, we went to Disney World. The officer gave me a hard time but in the end approved my visa. I don't think this will happen nowadays. The letter you intend to have her present won't mean much to the officer, same as her having crochet business or you being a soldier.

You say you intend to get marry in Brazil. Can't get married in Brazil on a K1. But if you do it, apply for a spouse visa. And wait. And wait. And in-between, visit in other countries or come visit her in Brazil, forget about her in US before the spousal visa is in hands. I met my fiancé 2 times in Mexico, but your fiancé will need a visa to enter Mexico though if she doesn't have a US/Canada one. Maybe think of other countries you both can go and is easier for her to enter. We don't need a visa to enter many countries in Europe.

Just my two cents being from Brazil, but do listen to all experienced users here on this thread.

I understand what you're saying, and I've come to the conclusion that the visa will get denied. We did the K1 visa which was denied and a pain. We're getting married within 3 months (no dates locked in because we have to register our intent to marry). I applied for her tourist visa around 1 April 2023, with an interview date of 2 June 2023. We legitimately do plan to get married in Brazil. I am not tracking a spousal visa for Brazil. I go there in less than 10 days to register our intent to marry. Lastly, it's easy for Americans to enter Brazil. Why are you guys meetings in different countries unless you prefer it?

 

The biggest thing is how much of a financial and time-consuming burden it is for me to go to Brazil, but I guess I have no choice. 

[ZeUs_XxX 10]

8 hours ago, Crazy Cat said:

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

 

What part is fraud?

[Family 4,065]

Marry her via UtahZoom when you get there in 10 days. File her I-130 online for Consular process, asap. 
That way she goes to her visitor visa interview, she can tell them she is married, pursuing proper IV and would like the visitor visa for short trips while waiting. 

You certainly should write a touching letter for Officer to consider highlighting exactly the points in your post..and send a photo of you in uniform!

Edited May 5, 2023 by Family

[Bh_sarah 942]

19 minutes ago, ZeUs_XxX said:

I understand what you're saying, and I've come to the conclusion that the visa will get denied. We did the K1 visa which was denied and a pain. We're getting married within 3 months (no dates locked in because we have to register our intent to marry). I applied for her tourist visa around 1 April 2023, with an interview date of 2 June 2023. We legitimately do plan to get married in Brazil. I am not tracking a spousal visa for Brazil. I go there in less than 10 days to register our intent to marry. Lastly, it's easy for Americans to enter Brazil. Why are you guys meetings in different countries unless you prefer it?

 

The biggest thing is how much of a financial and time-consuming burden it is for me to go to Brazil, but I guess I have no choice. 

I do not follow the spousal visa timelines but I think it’s now almost the same as K1? 1 year and half for the whole process? I would need to look it up. But yes, a K1 is out of question if you plan to marry here, can’t be married for it. And intent to marry, do you mean the whole thing about making it public for at least 15 days and then being able to marry in Brazil? I looked into it a bit but not in detail. If you’re getting married already, the obvious path is the spousal visa.

 

Also, do you mean April 2022 or were you able to get a interview in 2 months?! Did you use an visa agent?! My parents renewed their visa and the interview is waived but still needed to wait 8+ months to drop their passports. And this is because we got a better date later trying every day!

 

To answer your question, we met in Mexico because it was easier and at the time, borders were open there for both of us. He came to Brazil last year too, but in Mexico we both went “halfway” (it’s a longer trip for me, but I’m used to it, and one time I went there straight from Canada). We also got to spend quality time together with no family, no work, no worries and a lot of privacy. It was also cheaper for flights on both of us so we had more money to spend at a resort. It's definitely a different experience than staying with me in my parents’ house during Christmas haha I would encourage couples to just take a vacation and actually spend quality time alone if it’s not possible in the home countries.

 

But of course, every couple knows what’s best and this needs to be planned, but depending on the situation or season, choosing a place to meet in the Caribbean is even cheaper and quicker than you coming to Brazil. Just an alternative! I know how exhausting and expensive long flights are and, depending on where your fiancé is located, how hard it is to reach the international airports here.

[SalishSea 17,970]

11 hours ago, JeanneAdil said:

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

It wasn't lack of visits.  It was lack of visit.   The one required visit within two yeas preceding the petition filing.  If the OP had had ONE visit, they would have had the petition approved.  The  bar is very low for I-129F petition approval.  They can expect to have their petition approved if they file another K-1.

[Rocio0010 5,580]

12 hours ago, ZeUs_XxX said:

What part is fraud?

Wanting to get her here quickly with a B1 B2 visa

[Crazy Cat 41,983]

12 hours ago, ZeUs_XxX said:

What part is fraud?

Entering the US as a visitor with the intent to stay.

[ZeUs_XxX 10]

On 5/5/2023 at 7:08 AM, Crazy Cat said:

Entering the US as a visitor with the intent to stay.

Where did I say that? You are free to assume to assume that, but that's not the case. I would risk my livelihood and ability to provide for her by doing that, military law is a lot stricter than civilian law.

[ZeUs_XxX 10]

On 5/4/2023 at 10:15 PM, SalishSea said:

It wasn't lack of visits.  It was lack of visit.   The one required visit within two yeas preceding the petition filing.  If the OP had had ONE visit, they would have had the petition approved.  The  bar is very low for I-129F petition approval.  They can expect to have their petition approved if they file another K-1.

I do believe we would get approved for K1, but I'd be an idiot to not at least try this route especially considering it's $160 and I literally have an appointment 18 May 2023 even though I submitted my application one month ago. K1 visa also took 2 years for a denial. I was very annoyed, and they weren't sympathetic about the fact that they lost my original application which would've been within that 2 year timeframe.

 

We're getting married in July, so I will be submitting the spousal visa within the week.

[Boiler 45,731]

4 minutes ago, ZeUs_XxX said:

Where did I say that? You are free to assume to assume that, but that's not the case. I would risk my livelihood and ability to provide for her by doing that, military law is a lot stricter than civilian law.

It is not you who would be visiting.

[ZeUs_XxX 10]

On 5/4/2023 at 7:03 PM, Bh_sarah said:

I do not follow the spousal visa timelines but I think it’s now almost the same as K1? 1 year and half for the whole process? I would need to look it up. But yes, a K1 is out of question if you plan to marry here, can’t be married for it. And intent to marry, do you mean the whole thing about making it public for at least 15 days and then being able to marry in Brazil? I looked into it a bit but not in detail. If you’re getting married already, the obvious path is the spousal visa.

 

Also, do you mean April 2022 or were you able to get a interview in 2 months?! Did you use an visa agent?! My parents renewed their visa and the interview is waived but still needed to wait 8+ months to drop their passports. And this is because we got a better date later trying every day!

 

To answer your question, we met in Mexico because it was easier and at the time, borders were open there for both of us. He came to Brazil last year too, but in Mexico we both went “halfway” (it’s a longer trip for me, but I’m used to it, and one time I went there straight from Canada). We also got to spend quality time together with no family, no work, no worries and a lot of privacy. It was also cheaper for flights on both of us so we had more money to spend at a resort. It's definitely a different experience than staying with me in my parents’ house during Christmas haha I would encourage couples to just take a vacation and actually spend quality time alone if it’s not possible in the home countries.

 

But of course, every couple knows what’s best and this needs to be planned, but depending on the situation or season, choosing a place to meet in the Caribbean is even cheaper and quicker than you coming to Brazil. Just an alternative! I know how exhausting and expensive long flights are and, depending on where your fiancé is located, how hard it is to reach the international airports here.

You are correct, I will marry my spouse in Brazil and then file a spousal visa. In regard to the intent to marry, yes I'm referring to making it public for 15 days and then getting married within 90 days after, which of course means I have to fly back to Brazil very quickly.

 

Yes, I was literally able to get an interview in 2 months, no joking. I met someone who has a girlfriend that's Brazilian and he's the one that educated me on the tourist visa and suggested it. I checked every single day and slowly moved her appointment up until it fell during the week for me to visit her. I could've got her an appointment within a week of applying but she never flew on a plane, so I wanted to be there for her first time.

 

Unfortunately, I'm the only one that makes money. We were TOO optimistic about the visa process, so she never got a job. I don't mind it though because I do make good money, but it's very expensive to fly to Brazil. We are going to Rio for her interview to get denied, but it's exciting to travel as a couple for the first time.

 

Maybe I'll look into the Caribbean once we're married, and she's comfortable flying.

[ZeUs_XxX 10]

9 minutes ago, Boiler said:

It is not you who would be visiting.

Yes, but I'm responsible. We admitted that I would be her means of being able to stay here. The Army can hold me accountable for her actions. I know to you, it makes no sense but servicemembers give up a lot of freedom.