Mistake in Tourist Visa

[powerpuff 6,697]

46 minutes ago, michaeljm116 said:

Is the fact that she will have a K1 interview back in Manilla, not a strong enough tie back to the Philippines? 

Not at all.  

[Crazy Cat 41,836]

53 minutes ago, michaeljm116 said:

Is the fact that she will have a K1 interview back in Manilla, not a strong enough tie back to the Philippines? 

No.  Some people have given up a lot more than that to stay in the US and misuse a visa.

[W199 333]

1 hour ago, michaeljm116 said:

We already applied for the K1 visa and the interview will most likely happen around the time the 6 month visit is over so I'm hoping that would convince them that she'll be returning back.

For multiple different reasons you can't overcome, especially since she is from the Philippines and has a pending K-1, she has zero chance of getting the tourist visa. Unfortunately, it is just being delusional and it pure fantasy thinking she has a chance. It doesn't matter your excuses including the need for the K-1 to come back to Manila.  You won't even get a chance to express them before they deny you after a max of  1-2 quick questions.

[Loren Y 2,755]

2 hours ago, W199 said:

You won't even get a chance to express them before they deny you after a max of  1-2 quick questions

Won't even make it that far. when my wife applied for a tourist visa with a pending K1 she went to the interview and they didn't even let her sit down. She walked to the window, they handed her a denial letter and that was it. didn't say one word to her, or like I said, even let her sit down. same thing will happen here. should have saved the 160 bucks.

[Vegas i-751 66]

Like others I don’t buy it. Even if your fiancé magically got the visa (which mostly likely she wouldn’t IMO) she’d have no intent to return to the Philippines- we see this happening ALL the time! 
 

Please wait  it out like others including me- it’s worth it! I understand your frustrations like many others but again immigration is not quick nor easy. Good luck! 

[EmilyW 1,434]

Unfortunately, your fiancee is expected to know what she is signing when she applies for any visa.  Ignorance about a wedding not being a reason for an emergency visa appointment won't cut the mustard, in my opinion.  That consulate is well aware of the predilection of single Pinay women to overstay tourist visas, and I'm guessing they have seen this maneuver before.

 

Having said that, I'm a roll the dice kind of person.  You won't know if you don't try.  But I'm with others in that I think her chances are poor.  And, even if she was to explain the error in applying for an emergency visa AND she was successful in getting a tourist visa, I suspect a six month stay is out of the question.  Anyone who can live away from their homeland for six months without working is someone without strong ties.  The consulate don't really care why she wants to visit.  They just want to make sure she will leave.

[Boiler 45,467]

1 hour ago, Loren Y said:

Won't even make it that far. when my wife applied for a tourist visa with a pending K1 she went to the interview and they didn't even let her sit down. She walked to the window, they handed her a denial letter and that was it. didn't say one word to her, or like I said, even let her sit down. same thing will happen here. should have saved the 160 bucks.

 

Something I have had arguments over the years about, even with people who have worked in Consulates and said this does not happen yet I keep on seeing that it does 

 

I came to the conclusion that some Consulates have Officers allocated to denials. 

 

I know they have to interview but it does seem waste of everyone's time when they could just post the refusals.

[EmilyW 1,434]

I wonder, Boiler, if it's about due process and the right to argue your case in front of a consular officer.  Even if it really is an administrative waste of time from a practice sense.

[Crazy Cat 41,836]

12 minutes ago, EmilyW said:

I wonder, Boiler, if it's about due process and the right to argue your case in front of a consular officer.  Even if it really is an administrative waste of time from a practice sense.

@Loren Y's wife never got to see the CO.  They could have informed her before she traveled.

Edited June 18, 2023 by Crazy Cat

[SteveInBostonI130 3,434]

3 hours ago, EmilyW said:

I wonder, Boiler, if it's about due process and the right to argue your case in front of a consular officer.  Even if it really is an administrative waste of time from a practice sense.

 

Due process is not guaranteed for non-USC's.  It's not guaranteed even for USC's who are not on US soil.

 

 

[SalishSea 17,819]

18 hours ago, michaeljm116 said:

The wedding itself is not that important. I mostly just want her to visit here while we wait for the K-1 to go through.

So you fabricated an emergency?  Nice way to start the immigration process....

[Redro 4,611]

14 hours ago, Crazy Cat said:

@Loren Y's wife never got to see the CO.  They could have informed her before she traveled.

There are interview waivers in certain situations- but that is usually if the visa will be granted no question. And if something comes up the applicant is called up for interview... 

But, I wonder if only certain embassy or consulate started denying tourist visas without interview if it would lead to diplomatic issues? 

Keeping the facade of interviews in certain countries has the advantage of plausible deniability?

[Boiler 45,467]

2 hours ago, Redro said:

There are interview waivers in certain situations- but that is usually if the visa will be granted no question. And if something comes up the applicant is called up for interview... 

But, I wonder if only certain embassy or consulate started denying tourist visas without interview if it would lead to diplomatic issues? 

Keeping the facade of interviews in certain countries has the advantage of plausible deniability?

There is no Political requirement for an interview, I can think of quite a few cases where everything is done by mail.

 

Now not something I ever did, but I remember being told that it was possible in London to obtain a B by just sending in your paperwork to somewhere by Trafalgar Square> Somebody I used to work with who spent a summer travelling across Europe told me and 911 killed it. 

 

As far as the US is concerned I do not see the logic of being able to issue a visa without interview and not deny other than procedure.

[TBoneTX 45,267]

On 6/18/2023 at 11:35 AM, Vegas i-751 said:

she’d have no intent to return to the Philippines- we see this happening ALL the time

This is called "the change of mind at baggage claim."

[EmilyW 1,434]

On 6/18/2023 at 9:59 PM, SteveInBostonI130 said:

 

Due process is not guaranteed for non-USC's.  It's not guaranteed even for USC's who are not on US soil.

 

 

Yeah,  I wasn't sure.

Edited June 20, 2023 by EmilyW