Just Got Engaged - Want a Tourist Visa (No K-1)

[Griffinco 1]

Hello All,

Just got engaged. My fiance is from Ukraine and wants to visit the US to meet my family before the wedding. We have not applied for a K-1 visa yet and plan to get married in Ukraine.

Also, for what it's worth (if anyone has experience that is) I'm former Active Duty US Military and plan to do Parole in Place after marriage using the recent memorandum of guidance concerning this for Military Spouses.

How should we go about the Tourist Visa in this case?

Thanks and Cheers,

Griff

[sma1488 155]

I'll leave the second half of your question about the military for someone else. Your fiancee needs to follow the same procedure as any other Ukranian citizen for applying for a tourist visa to visit the US, which includes showing sufficient ties to her home country that she will return and not stay in the US. The problem is going to be when she is asked about the purpose of her trip to the US. If she says she's going to visit her fiance lives there, that will send up red flags because they think she might get married here. If she is asked about her intent and lies (and gets caught), that could have serious consequences for any future visa applications.

Why don't you want to start the K-1 process now? If you end up getting married in the Ukraine before the US, that would no longer be a K-1 visa, which is only for foreign fiance(e)s of USCs.

[Boiler 45,541]

If she wants to visit than she applies at the local Consulate for a B2 Visa, see their web site.

Once you are married and she wants to immigrate then you apply for a CR1 Immigrant visa, much more complicated, start by reading the guides on here.

Parole in Place if for those who entered without going through the normal process, as they say without inspection, usually by walking in from Mexico, so not applicable.

[nobbie 105]

I'll leave the second half of your question about the military for someone else. Your fiancee needs to follow the same procedure as any other Ukranian citizen for applying for a tourist visa to visit the US, which includes showing sufficient ties to her home country that she will return and not stay in the US. The problem is going to be when she is asked about the purpose of her trip to the US. If she says she's going to visit her fiance lives there, that will send up red flags because they think she might get married here. If she is asked about her intent and lies (and gets caught), that could have serious consequences for any future visa applications.

Why don't you want to start the K-1 process now? If you end up getting married in the Ukraine before the US, that would no longer be a K-1 visa, which is only for foreign fiance(e)s of USCs.

They dont want to start the K1 process as they intend to get married elsewhere. otherwise they will be throwing the K1 fee down the toilet.

[canadian_wife 1,822]

Start by having her go to the US consulate website and research what needs to be done to obtain a tourist visa. She can also start working gather evidence of her ties to the Ukraine. You have nothing to do with this process, it is all up to her

good luck

[Harpa Timsah 13,258]

Parole in Place is for people who enter without inspection. Is that your plan?

Edited August 15, 2014 by Harpa Timsah

[RhettVoe 282]

she will have a tough time getting a B2 visa thanks to all those Urkanian fiancees who 'forgot' to return, stayed, got married in the US, etc...your former status as a military type will not bestow any special privileges upon her....she has to convince a CO that she will return after visiting, instead of forgetting to return...

[Jawaree 717]

PIP is out, she can have docs and try to convince the

CO she will return home...if she has a good jobs & ties

there no harm in trying...Don't know if current events

will weigh on decisions regarding ones return home.

Y not K1, get married and after U both do a delayed

honeymoon in her country , have another ceremony

and reception inviting everyone U intended to

[sma1488 155]

Y not K1, get married and after U both do a delayed

honeymoon in her country , have another ceremony

and reception inviting everyone U intended to

This is what I was thinking. Assuming she can't come to the US and you can't go live with her at least while the K-1 is processing, you're going to be apart for some time. Why not get it out of the way and start on the K-1 now? The I-130 can sometimes be a bit more unpredictable and drag on longer than the 1-129F. Nothing says you can't have another ceremony in the Ukraine at a later date.

[Griffinco 1]

Thanks to everyone for your responses so far. Allow me to clarify the Parole in Place and our plan. I've attached the memorandum regarding this for any curry/former Active Duty military personnel. I know other military members who have successfully used this.

Cheers,

Griff

2013-1115_Parole_in_Place_Memo_.pdf

[Boiler 45,541]

Thanks to everyone for your responses so far. Allow me to clarify the Parole in Place and our plan. I've attached the memorandum regarding this for any curry/former Active Duty military personnel. I know other military members who have successfully used this.

Cheers,

Griff

We are just confused about you plan as she is not in the US currently undocumented and would therefore not benefit from PiP.

Edited August 16, 2014 by Boiler

[Griffinco 1]

We are just confused about you plan as she is not in the US currently undocumented and would therefore not benefit from PiP.

Perhaps the PiP term is confusing as the Memorandum Subject is regarding PiP and the word "Parole" may be more appropriate. Nevertheless we plan on showing up at the airport and asking for Parole "on the spot". Here's the important wording from the Memo:

Although it is most frequently used to permit an alien who is outside the United States to come into U.S. territory, parole may also be granted to aliens who are already physically present in the U.S. without inspection or admission. This latter use of parole is sometimes called “parole in place.”

As noted above, the decision whether to grant parole under INA § 212(d)(5)(A) is discretionary. Generally, parole in place is to be granted only sparingly. The fact that the individual is a spouse, child or parent of an Active Duty member of the U.S. Armed Forces, an individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve, however, ordinarily weighs heavily in favor of parole in place. Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such an individual.

[Boiler 45,541]

Why not just seek entry using whatever visa she has that allowed her to get to the Airport?

[MacUK 983]

Nevertheless we plan on showing up at the airport and asking for Parole "on the spot".

Well, just be sure to tell your fiance to make sure she mentions that plan at her B2 interview.

[averageguy6 22]

Well Boiler will probably point out my usual errors, but I was under the impression that someone planning on marrying a USC is unlikely to get a tourist visa if for no other reason than they are not in fact a tourist, but an impending immigrant.

I would think that even if somehow the embassy granted a tourist visa despite you telling them the truth, then if the POE officer asked the reason for your visit and you said, to visit with my fiancee and his/her family...that they might also decide to put you back on a plane home...

Also, if you are planning to get married in her country, then a K1 visa would not be appropriate....since that is for people wishing to bring a foreign fiancee to the USA and getting married here within 90 days or deciding not to marry and returning to their home country.