Should I go for K1 or visitors Visa? Tips?

[195 1]

My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Since it's generally a pain in the butt to get a single person getting approved, would I be better off trying something like a fiance visa? The thing is I don't arrange plans to get married yet. I'm looking to wait until mid-late 2007.

I understand they want to see ties for her in Brazil but quite frankly they are just the basics (bank account, lives with parents, etc). However she does have her semester starting up again which she can prove she will have to go to.

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

3. Is it worth explaining/proving to the consulate about our relationship and plans?

4. Is buying a round trip ticket before the interview as proof of her return effective?

5. Does my Brazilian address (on top of my US address) give me any sort of leverage?

6. Does my CPF, brazilian bank account, etc give me any leverage? (I am living here on a tourist Visa).

7. Would showing my passport of regular visits to Brazil every 3 months give leverage?

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

Just to keep it on topic, I am blessed to be able to work from home for a large US company. Hence I do regular trips to Brazil since I can just use the internet to work.

Thank you VERY much in advanced and I really appreciate it

Edited October 10, 2006 by 195

[TucsonBill 0]

Most of these questions could better be answered in the regional forum, but since you asked here, I'd suggest you not attempt to obtain a fiance visa unless you are truly intent on getting married. Attemting to obtain a finace visa just so that she can visit and see if she likes it here, would probably be considered to be immigration fraud, and in fact, USCIS may even monitor this website...

I'd try for the tourist visa in your case, and wait to see how the relationship developes and make sure you both really want to marry before applying for a fiance visa.

Bill

[Saddle Bronc 124]

...

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

Maybe marginally????

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

You would need to file this form anyway

3. Is it worth explaining/proving to the consulate about our relationship and plans?

For a visitor visa, it may actually be a red-flag

4. Is buying a round trip ticket before the interview as proof of her return effective?

Generally not a good idea to book the ticket before visa issuance.

...

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

No. The requirement of the K-1 is of marriage WITHIN 90 DAYS, IN US.

Edited October 10, 2006 by CherryXS

[JenT 0]

You can find your answers here. Given the way you have explained your situation, a visitor's visa is the only option.

http://www.embaixada-americana.org.br/inde...amp;itemmenu=58

[mozplay 29]

First off, a fiance/e visa is intended for fiances and though it might be used for the purposes you are proposing, nobody here will tell you to do so, as that will probably be construed as visa fraud. That will be a decision you will have to make on your own.

The other thing is that you should know is that the fiance visa is also a HUGE pain in the butt, lol.. and can often take much longer than a visitors visa. If you began the process now (and I say this WITHOUT knowing the Brazil stats) you probably would not be granted a visa before mid-late 2007 anyway.

I am unclear as to whether or not your questions are strictly for the fiance visa purposed however, I would really suggest that you read around the site some - in particular checking out the guides. When you send in the initial K1 petition, the USCIS is looking to get a sense that 1. you have met within the past 2 years and that 2. this is a bona fide relationship. Evidence you have to support that is what is needed. The I-134 and discussions with the consulate come much later.

Best of luck to you... keep doing your research here and feel free to post more questions. There is a point where it all becomes clear.

Mo

[ucla_cutie26 0]

But then again, also keep in mind that if she enters the US with a tourist visa with the intent to marry, this is also considered fraud and she may face some difficulties when trying to Adjust status.

I am just pointing this out okay, in no way am I implying that you would do something illegal (I once posted this comment on someone else's post and was bashed for it).

[195 1]

But then again, also keep in mind that if she enters the US with a tourist visa with the intent to marry, this is also considered fraud and she may face some difficulties when trying to Adjust status.

I am just pointing this out okay, in no way am I implying that you would do something illegal (I once posted this comment on someone else's post and was bashed for it).

Good point too. Yea I'm definitely not trying to defraud any system at all. There is a system in place and I definitely intend the follow it. The hardest part being dealing with the consulate here in Brazil. Anyways we would get married in Brazil and there is no hidden "intent" that would compromise her visa status.

But you guys definitely cleared up the biggest question for me - K1 or Tourist and obviously I see clearly now that the tourist visa is the way to go. Since this is a forum focusing on K1, I'll do some more research and hopefully some time next year I'll be asking questions about immigration logistics!

Thanks for the replies and if you feel open to give more input I'll definitely take it!

Edited October 10, 2006 by 195

[JenT 0]

But then again, also keep in mind that if she enters the US with a tourist visa with the intent to marry, this is also considered fraud and she may face some difficulties when trying to Adjust status.

I am just pointing this out okay, in no way am I implying that you would do something illegal (I once posted this comment on someone else's post and was bashed for it).

Good point too. Yea I'm definitely not trying to defraud any system at all. There is a system in place and I definitely intend the follow it. The hardest part being dealing with the consulate here in Brazil. Anyways we would get married in Brazil and there is no hidden "intent" that would compromise her visa status.

But you guys definitely cleared up the biggest question for me - K1 or Tourist and obviously I see clearly now that the tourist visa is the way to go. Since this is a forum focusing on K1, I'll do some more research and hopefully some time next year I'll be asking questions about immigration logistics!

Thanks for the replies and if you feel open to give more input I'll definitely take it!

If you're getting married in Brazil, you won't be applying for a K1... you'll need a K3.

[luvaLimey 0]

My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Thing is, part of the requirement for a fiancee visa is a signed letter of intent to marry (from each party) within 90 days of entry into the US.

How do you propose to have her sign her inetent to marry before you pop any questions? hmmmm?

And she'd also need to state the fact that she intends to marry you at the consulate interview.

May want to do a visitor visa if you're not sure about marriage just yet.

[jonty 0]

My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Since it's generally a pain in the butt to get a single person getting approved, would I be better off trying something like a fiance visa? The thing is I don't arrange plans to get married yet. I'm looking to wait until mid-late 2007.

I understand they want to see ties for her in Brazil but quite frankly they are just the basics (bank account, lives with parents, etc). However she does have her semester starting up again which she can prove she will have to go to.

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

3. Is it worth explaining/proving to the consulate about our relationship and plans?

4. Is buying a round trip ticket before the interview as proof of her return effective?

5. Does my Brazilian address (on top of my US address) give me any sort of leverage?

6. Does my CPF, brazilian bank account, etc give me any leverage? (I am living here on a tourist Visa).

7. Would showing my passport of regular visits to Brazil every 3 months give leverage?

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

Just to keep it on topic, I am blessed to be able to work from home for a large US company. Hence I do regular trips to Brazil since I can just use the internet to work.

Thank you VERY much in advanced and I really appreciate it

Hello,

If you want her to come to the US and get married, you can do so but take care that you marry atleast after the period of 90 days. Otherwise the Govt has a 30-60 day rule under which she can be charged of fraud and having a immigrant intent. If she says in the CP interview that she is coming to visit her fiancee or boyfriend she wil be denied the visa.

The best way to go about is the K-1 visa which will take about 6-7months and there is no way that she getting more than 90 days to get married to you.

[michellek1976 0]

Apart from all the legalities a fiance visa would require you and your girlfriend to submit letters stating your intent to marry. If you have not yet asked your girlfriend to marry you and not sure about marriage - you might open yourself up to some relationship complications!!!

[Yodrak 7]

jonty,

A rule that's better left un-mentioned, especially if one is going to mis-represent it as you have.

Yodrak

Hello,

If you want her to come to the US and get married, you can do so but take care that you marry atleast after the period of 90 days. Otherwise the Govt has a 30-60 day rule under which she can be charged of fraud and having a immigrant intent. If she says in the CP interview that she is coming to visit her fiancee or boyfriend she wil be denied the visa.

....

[JaJo 1]

My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Since it's generally a pain in the butt to get a single person getting approved, would I be better off trying something like a fiance visa? The thing is I don't arrange plans to get married yet. I'm looking to wait until mid-late 2007.

I understand they want to see ties for her in Brazil but quite frankly they are just the basics (bank account, lives with parents, etc). However she does have her semester starting up again which she can prove she will have to go to.

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

No.

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

3. Is it worth explaining/proving to the consulate about our relationship and plans?

As someone said it might raise some red flags

4. Is buying a round trip ticket before the interview as proof of her return effective?

You don't have to buy the tickets, but it's recomended that you show reservations of a round trip

5. Does my Brazilian address (on top of my US address) give me any sort of leverage?

No

6. Does my CPF, brazilian bank account, etc give me any leverage? (I am living here on a tourist Visa).

No

7. Would showing my passport of regular visits to Brazil every 3 months give leverage?

No. Sorry if I sound rude, but your not the one getting the visa, she is.

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

No. As others can tell you here, marriage is a serious business and when it comes to K1 - believe me - it's even more serious.

Just to keep it on topic, I am blessed to be able to work from home for a large US company. Hence I do regular trips to Brazil since I can just use the internet to work.

Thank you VERY much in advanced and I really appreciate it

[meauxna 15]

If you want her to come to the US and get married, you can do so but take care that you marry atleast after the period of 90 days. Otherwise the Govt has a 30-60 day rule under which she can be charged of fraud and having a immigrant intent. If she says in the CP interview that she is coming to visit her fiancee or boyfriend she wil be denied the visa.

The best way to go about is the K-1 visa which will take about 6-7months and there is no way that she getting more than 90 days to get married to you.

There is so much wrong with this post that it's not even worth parsing.

Suggest future readers ignore this post and probably most efforts from this poster.

[JaJo 1]

There is so much wrong with this post that it's not even worth parsing.

Suggest future readers ignore this post and probably most efforts from this poster.

Seems he is know thinking about DCF...

http://www.visajourney.com/forums/index.ph...mp;#entry499188