Tourist Visa before applying for K-1 Visa [merged threads]

[Dyana Yana 0]

Hi,

My name is Dyana and I'm from Malaysia. I had known one guy from the States, and from time to time we got closed to each other and finally he proposed to me to be his Girlfriend and we are planning to get marry. In order for us to get marry, we would like to choose K-1 Visa. We never meet before and we are planning to meet next year since one of the requirement to apply for K1 Visa is to at least meet once within two years before filling a petition. But, it is not enough time for us to decide whether we want to get marry or not if we just meet once. Online dating is different with staying together. Because when we are staying together, we will see lots of flaws of our spouse. So, in our planning, i will apply for tourist visa and stay with him for two months and then we will decide whether we want to continue to apply for K-1 Visa or not. If we want to continue to get marry, i will return to Malaysia and he will file a petition and we will go through the K1 process. My doubt is that, i read lots of other people experiences saying that once you are saying that you want to visit your boyfriend at States, your tourist visa will never be approve. Is it true? Can anyone help me on this? and is there better suggestion?

FYI, I try to apply for tourist visa before with a reason to visit a friend and tourism purpose. My boyfriend is my financial supporter for that visit. And, guess what? I failed!

Thank you in advance for your kind response.

Best regards,

Dyana

Edited November 11, 2016 by Dyana Yana

[Taaz 6]

​Is there a reason he is not able to visit you? It honestly might be easier especially if you mentioned it was to meet a boyfriend? Plus maybe I am little old fashioned but he should come to you.

​Also to be honest you can know someone two months or two years and you won't know the person until you are actually married and living with them. You don't want to many visa denials on your record so see if he is willing to come to you. Plus that is what a K-1 visa is for it gives you 90 days to come to USA spend some time with the person and decide to marry. In order to do that you need to have at least met once. Also if he comes visit you, you are with your family and friends and he can meet them and spend time with him in a comfortable area then come here meet him and deal with culture shock all at same time.

[rachealwsw 2]

Hi Dyana. I am not sure about the tourist visa application in general where the purpose is visiting boyfriends/girlfriends in Malaysia, but based on my personal experience - my application for tourist visa was also denied because my reason was visiting my fiance (who was at that time my boyfriend).

Basically the general line is that if you can't prove that you will be returning to Malaysia after your trip to US, you will be denied of your tourist visa. So you're gonna need an employment letter, bank account details etc. Are you working now? Because 2 months is a long time to be away from Malaysia and there isn't any company in Malaysia (unless you're a freelance worker/part time etc, anything that is not a permanent job) that would allow you to take a 2 months leave. The question that's gonna pop up is what are you going to do during the 2 months while your boyfriend is at work? On top of that, I've heard from my friends who are working freelance and their purpose is to just visit US for only about a week, yet they were denied because freelance is not a proper and stable job. Secondly, it's already a no-no when your boyfriend will be your financial supporter for the visit as that is another indicator that you don't have ties/reason to return to Malaysia.

Of course if there isn't the option of you going to US, there is always the option of HIM coming to Malaysia.

[Emma&Jerry 2]

Hi Dyana,

I think what's important for B1/B2 was to show you have strong ties to Malaysia and will definitely come back before your visa is up. In my case, when I applied for tourist visa back in the days, I showed that I had a stable job and family ties here, and I also showed return ticket at POE.

I'm not sure how to help you since you already got denied once. My suggestion is that he can come to Malaysia, the flight cost is the same, and in fact the cost of him staying in Malaysia may be cheaper than you staying in the States for however long you want that visit to be. That way, you don't have to worry about getting a tourist visa, you'll get to meet your boyfriend and get to know him better, and if you do decide to get engaged, the requirement under K1 would have been met.

Just my view from my limited experience. Hopefully more experienced VJers can help give more information.

[Dyana Yana 0]

Hi Dyana. I am not sure about the tourist visa application in general where the purpose is visiting boyfriends/girlfriends in Malaysia, but based on my personal experience - my application for tourist visa was also denied because my reason was visiting my fiance (who was at that time my boyfriend).

Basically the general line is that if you can't prove that you will be returning to Malaysia after your trip to US, you will be denied of your tourist visa. So you're gonna need an employment letter, bank account details etc. Are you working now? Because 2 months is a long time to be away from Malaysia and there isn't any company in Malaysia (unless you're a freelance worker/part time etc, anything that is not a permanent job) that would allow you to take a 2 months leave. The question that's gonna pop up is what are you going to do during the 2 months while your boyfriend is at work? On top of that, I've heard from my friends who are working freelance and their purpose is to just visit US for only about a week, yet they were denied because freelance is not a proper and stable job. Secondly, it's already a no-no when your boyfriend will be your financial supporter for the visit as that is another indicator that you don't have ties/reason to return to Malaysia.

Of course if there isn't the option of you going to US, there is always the option of HIM coming to Malaysia.

Hi Racheal,

Thank you for your kind reply.

1) My company allowed me to fully utilise my annual leave for 2017 and brought forward annual leave from year 2016. I will do some work from home (at my boyfriend house), approximately 10 days at the beginning of the month. Since my work is a system based, so, i can use Team viewer application to do my work from States. Other than that, i will utilise my replacement leave.

2) When my boyfriend is at work, i will do my work too... Basically, checked and reply job related email. Other than that, I will spend time watching movies, doing some crafts (since I have an small online business for crafts and origami) and workout. Maybe I will spend time with his parents too.

3) There are few reason why I need and I will go back to Malaysia.

• My family (parents, siblings and relatives) are all here in Malaysia.
• I still have my work here and I don't have an intention to quit from this company yet. It is because I love the working environment and working time is so flexible.
• If we decided to apply to K-1 visa, automatically I need to return to Malaysia and wait for the petition to be approve.
• I had gone through few surgeries on both of my knee since September 2015. The latest operation I had is on July 2016 and the latest admission is on October 2016. I need to go through follow up treatment regarding my knees and usually my doc appointment will be once every 2-3 months.

4) I put my boyfriend as my financial supporter because he earn more than me and his savings is much more than me.

5) I was thinking to re-apply again for tourist visa or maybe will go to vacation together in the third country (not US or Malaysia). But, is it enough if we just meet once (going to vacation together maybe for one week)? Or my K-1 visa will get rejected just because we only meet once? Appreciate your opinion on this

Thank you,

Best Regards,

Dyana

[Emma&Jerry 2]

Also one more thing I want to add, what do you mean by him being your financial sponsor for a tourist visa? I don't really remember coz it's been a while but if I'm not mistaken for a tourist visa and to gain entry you have to show that YOU are bringing enough money to travel around the US for the length of stay you intend to be in. I remember in my planning for my visit to the US, I made sure I had enough money (80-100 / day) and also a few credit cards for emergency purposes etc. I definitely don't remember involving my fiance in the application for the tourist visa.

[JFH 12,189]

​that is what a K-1 visa is for it gives you 90 days to come to USA spend some time with the person and decide to marry.

Wrong. A K-1 visa is not to see if you want to get married (despite what TLC will tell you). It is for two people who have already decided to marry and who are ready to marry to organise a legal wedding. The 90 days is not a "try before you buy" period. It's there to give the couple enough time to organise all the aspects of their wedding - find a venue, buy a dress, order food, etc. No one should be applying for a K-1 before they are ready in their minds to marry. Some people are ready after one visit. Others require more. It's an individual thing.

[Taaz 6]

I am sorry you think I am educated by TLC. Maybe my wording wasn't correct because I meant it gives her 90 days to spend time and marry and if not go back. I am sure if you did a search there are enough cases unfortunately where people do come here in K1 visa with intent to marry and it doesn't work out and or culture shock is such they return back to their countries. That was what I meant to say.

[TBoneTX 43,017]

Duplicate threads have been merged, after one was moved to the Tourist Visas forum from K-1 Process.

Please start just one thread on a single topic.

[Moderator hat off]

What's your hurry to decide to marry? Make multiple visits -- him to you, if your tourist visa is refused; or to a third country.

[rachealwsw 2]

Hi Racheal,

Thank you for your kind reply.

1) My company allowed me to fully utilise my annual leave for 2017 and brought forward annual leave from year 2016. I will do some work from home (at my boyfriend house), approximately 10 days at the beginning of the month. Since my work is a system based, so, i can use Team viewer application to do my work from States. Other than that, i will utilise my replacement leave.

2) When my boyfriend is at work, i will do my work too... Basically, checked and reply job related email. Other than that, I will spend time watching movies, doing some crafts (since I have an small online business for crafts and origami) and workout. Maybe I will spend time with his parents too.

3) There are few reason why I need and I will go back to Malaysia.

• My family (parents, siblings and relatives) are all here in Malaysia.
• I still have my work here and I don't have an intention to quit from this company yet. It is because I love the working environment and working time is so flexible.
• If we decided to apply to K-1 visa, automatically I need to return to Malaysia and wait for the petition to be approve.
• I had gone through few surgeries on both of my knee since September 2015. The latest operation I had is on July 2016 and the latest admission is on October 2016. I need to go through follow up treatment regarding my knees and usually my doc appointment will be once every 2-3 months.

Despite all these reasons (family, no intention to quit, etc), you will still need to provide hard copy evidences that you will be returning to Malaysia. Just solely relying on your words isn't enough for the CO. You still need to show an employment letter from your employer stating that you are granted leave and will be resuming employment on so and so. You will also need to show your past 3 months payslip, any property/business ownership, and all other evidences that shows you still have ties to Malaysia.

4) I put my boyfriend as my financial supporter because he earn more than me and his savings is much more than me.

The DS-160 asked on financial supporter for the trip, not in terms of who's savings is more. It is definitely kind of a red flag when your boyfriend is paying for your trip for tourist visas.

5) I was thinking to re-apply again for tourist visa or maybe will go to vacation together in the third country (not US or Malaysia). But, is it enough if we just meet once (going to vacation together maybe for one week)? Or my K-1 visa will get rejected just because we only meet once? Appreciate your opinion on this

- Yes, you can try to re-apply again but I have a strong inkling it will still be denied. It is better (and easier) that he comes to Malaysia or both of you go on a vacation somewhere else.

- Yes, in terms of meeting the K1 visa requirement, it is enough so long as you both meet within the 2 years before filing the petition. But in terms of deciding to get married? No, meeting only once (and if its just one week) is definitely not enough.

Thank you,

Best Regards,

Dyana

Edited November 11, 2016 by rachealwsw

[Limey 550]

Firstly its refreshing to read that you want to spend face-time together before committing to marriage. So many people seem unconcerned about that. It would also help a later visa application (its harder to show a real relationship when you've only spent a token few days together).

It does seem to hard to get a tourist visa for the purpose of visiting a boyfriend... obviously USCIS sees a very real risk that you will get married and stay during the tourism trip.

Some of your "ties" to Malaysia won't carry much weight with them

1) the fact that your family are still in Malaysia. Mine are still in the UK, but still I did a k1 visa, and moved to the US. Every one here does that. If family back home is a tie that makes you return, then you wouldn't be talking about a k1.

2) having the ability to work remotely for your old company is not something I'd mention to immigration. It might imply you could move to the US, and continue to work for them for a while at least. If you were to get married during the trip and apply for AOS you would not get a green card for a year, and so would not be able to work. That is a big reason not to do that. However, being able to work remotely would get around this issue, and so make it more likely you might try that route. I was in same situation (I'm a software developer, and can do everything remotely). I didn't mention that to immigration during my vacation visits (they didn't ask).

3) re medical visits. What will you do if you do move to the US? Medical care is expensive.

As others have said, definitely easier for him to visit you.

Good luck!

Edited November 11, 2016 by Limey

[KierenHby 897]

Having two American boyfriends will look fishy to the embassy (assuming previous denial was to visit a different bf).

[Stevephoto 224]

[Moderator hat off]

What's your hurry to decide to marry? Make multiple visits -- him to you, if your tourist visa is refused; or to a third country.

One visit is the minimum and is not likely to be a reason for a K-1 denial (it is, afterall, the rule!), but I agree with TBoneTX. Multiple visits allow you to get to know each other closely for a longer period of time. I went to visit Joan 4 times before she came here (the last one coincided with her interview). Best of luck to you!

[marianath 27]

Hi Racheal,

Thank you for your kind reply.

1) My company allowed me to fully utilise my annual leave for 2017 and brought forward annual leave from year 2016. I will do some work from home (at my boyfriend house), approximately 10 days at the beginning of the month. Since my work is a system based, so, i can use Team viewer application to do my work from States. Other than that, i will utilise my replacement leave.

2) When my boyfriend is at work, i will do my work too... Basically, checked and reply job related email. Other than that, I will spend time watching movies, doing some crafts (since I have an small online business for crafts and origami) and workout. Maybe I will spend time with his parents too.

3) There are few reason why I need and I will go back to Malaysia.

• My family (parents, siblings and relatives) are all here in Malaysia.
• I still have my work here and I don't have an intention to quit from this company yet. It is because I love the working environment and working time is so flexible.
• If we decided to apply to K-1 visa, automatically I need to return to Malaysia and wait for the petition to be approve.
• I had gone through few surgeries on both of my knee since September 2015. The latest operation I had is on July 2016 and the latest admission is on October 2016. I need to go through follow up treatment regarding my knees and usually my doc appointment will be once every 2-3 months.

4) I put my boyfriend as my financial supporter because he earn more than me and his savings is much more than me.

5) I was thinking to re-apply again for tourist visa or maybe will go to vacation together in the third country (not US or Malaysia). But, is it enough if we just meet once (going to vacation together maybe for one week)? Or my K-1 visa will get rejected just because we only meet once? Appreciate your opinion on this

Thank you,

Best Regards,

Dyana

The only way to find out if you will be given a Tourist visa would be to apply. But more than likely you will not get it.

For K-1 purposes, 1 meeting is enough within the past 2 years of K-1 application, but I highly suggest to do multiple longer visits you to him (if visa is approved) or him to you (either to your country or another country). This is at least assure that both of you and him would really like to get married. The main purpose of the K-1 visa is to bring to the USA your "Fiance", why fiance because both of you already decided to get married within 90 days of the fiance arriving to the USA and NOT to decide if marriage is right for you within 90 days.

Of course sometimes within 90 days or even shorter while living together couples find the real truth and decides at the end that marriage is not for them then the partner who came on a K-1 visa needs to go home.

Goodluck on your immigration and relationship journey, i do hope that it falls under marriage and love.