What is chance of getting my wife a tourist visa if not doing AOS in USA

[Hypnos 6,576]

Being married to a US citizen would be her biggest impediment to a B-2 visa.

[Sagot 1,548]

Thanks everyone for the comments. I m thinking once we return from the USA without AOS, her child is not part of our petition and will remain in the Pl, I hold permanent residency in the Pl, not domiciled in the USA for over four years, and travelled to other 1st world countries, is building her case for strong ties here for a tourist visa later on.

As far as doing a CR or IR petition later so we can live in the USA at some point in the future is not in our long term plans.

The tourist visa would allow her to travel with me for family visits, medical care, or for any reason you want your spouse by your side. Many years from now when I pass she can apply to reside in the USA as the widow of a USC under the time window allowed for that immigrant visa classification.

All the best in your endeavor.

I will add that I tend to agree with Hypnos, that being married to a USC will put an additional kink in the tourist visa process.

[Itsabouttime 2]

I ll update this thread as we move through the process. Good thing is she won t immigrate during the 90 day window while in the USA so the odds are she won t do it on a tourist visa. Also, we ve both been vetted during the k1 process so the likelihood of an overstay on a tourist visa is null. She had completed DOTS so no health risk either.

[Boiler 43,381]

I do not understand you logic but do let us know how it goes.

[Itsabouttime 2]

We don't intend to live in the USA. Just would prefer she can freely travel to the USA when I do. Tourist visa is the appropriate category for her in the future.

[DaveSana 13]

You can get married in the US on a Tourist visa.

We just did, totally legally, with no issues, and returned to the Phils right after.

Getting the K1 and then getting a Tourist visa still leaves you in the same position:

You will have the same problem keeping and using the Tourist visa at every point-of-entry.

I understand that you think doing all this goes to showing that she has no intention of immigrating.

Just put together your argument and deliver it at every point-of-entry, on every visit.

(The only other option that allows her to go back and forth many times over many years is for her to become a citizen, after several years of you both living there, something you clearly say you have no interest in doing. I got that.)

There is no need to do the K1 Visa - Tourist Visa - Widow Immigrant Visa.

Just get the Tourist visa, and be done, till the immigrant visa once you pass away!!!!

Dave

Edited December 5, 2016 by DaveSana

[Itsabouttime 2]

Thx Dave! She was denied a tourist visa as my fiance when I was visiting my father. I understand that problem.. fast forward and soon we will be married and I still reside permanently in the Philippines. Her returning to the Philippines after marriage and travels to Europe will help when she applies for the B visa.

[DaveSana 13]

You are welcome.

" Her returning to the Philippines after marriage and travels to Europe will help when she applies for the B visa..." according to whom?

I get where you are coming from. You think the declination of staying in the US after the wedding will SPEAK for YOU, when it comes to applying for the Tourist Visa, and for every visit to the US.

I would confirm that with the Embassy, and not merely presume it.

If you cannot get a Tourist Visa because your description of your situation is weak, then you are in a weak position PERIOD, and will face that on every single attempt to get a visa, and to enter the country.

The declination in using the K1 to stay in the country might not "convincingly speak for you", and be a sufficient surrogate for you having to establish your non-intent to immigrate each and every interaction with the Embassy and CBP.

Just get your ties and description right, and go with the Tourist Visa.

The first rejection could come at the K1 interview. Describe what you plan to do to them and see how they react.
If you are not going to tell them your actual plans, then you are already not being honest. So, any presumption of honestly on their part of already out the window, and you remain exposed.

If you are so sure what you are doing is proper - ASK THE EMBASSY right now!!! See what THEY say.

Cheers,

Dave

Edited December 5, 2016 by DaveSana

[Itsabouttime 2]

We will be completely honest in our plans if asked any questions. All they can say is no to a tourist visa though the K1 is virtually assured since we have lived together for years here, and I have more than sufficient income, and readily available cash assets to do an AOS if we chose that direction. Though I have domicile in the Philippines I have maintained strong ties to the USA to easily reestablish domicile there. Not the end of the world....

Edited December 5, 2016 by Itsabouttime

[MarkPerry 488]

Go to Living in Cebu, lot of expats whom has went thru the same process.

[DaveSana 13]

I ll update this thread as we move through the process. Good thing is she won t immigrate during the 90 day window while in the USA so the odds are she won t do it on a tourist visa. Also, we ve both been vetted during the k1 process so the likelihood of an overstay on a tourist visa is null. She had completed DOTS so no health risk either.

"...we ve both been vetted during the k1 process...", you say!

Exactly when did THAT happen?

On the contrary, you will not actually get your tires kicked - "vetted" - until the visa interview.

Don't let the smooth taste fool ya. They will just keep taking your money till then.

The K1 interview, and every interview afterwards, is where the "vetting" actually occurs.

Just sending in docs, that is nothing.

-------------------------------------------------------

But I think I get it.

She cannot qualify on her own, given HER assets and income.

As a girlfriend, there is no way for her to benefit from YOUR income, YOUR assets, YOUR strong ties in the US, etc. when it comes to HER application for a Tourist Visa.

So, she got rejected.

So, you guys figure that ONCE she marries you, she gets to show all that as HER household income and assets, and then smooth sailing ahead.

Do I have it about right?

And ya know - that might very well work!

Be sure to let us all know.

Dave

Edited December 5, 2016 by DaveSana

[Itsabouttime 2]

I understand. I have zero concerns about the K1 visa interview. Proof of a genuine relationship, intent to marry, no legal or medical bars, etc. All easily proven since I live with my fiance here in the Philippines for years. She has recently completed the St Luke's 6 month DOTS program, and our situation is similar to others, except we will return to the Philippines.

The tourist visa will be approved or denied based on the interview and her showing strong ties here in the Philippines. It s subjective so best you can do is be honest and prove the ties ad best you can.

[Villanelle 4,121]

You are welcome.

" Her returning to the Philippines after marriage and travels to Europe will help when she applies for the B visa..." according to whom?

According to many. It is often recommended to those seeking B visas that are having difficulty obtaining them to travel around to other countries.

The idea is doing this (going and returning home) is to try to show they do not have immigrant intent to leave their country and they did not take advantage of any opportunities to immigrate elsewhere via shortcuts when being present in other countries.

And just to repeat- there is nothing wrong with using the K visa to just come to the US to marry and then leave. You are not required to stay and adjust status.

Once they return to the PI, it will help for them both to work on building strong ties in the community. Even though the B visa application will be for her only, they are going to look at the totality of her circumstances. The more she can show they are both tied to their home there the better the chances will be she will get approved. As many have said- he is the biggest obstacle. If they can show that he has no interest in staying in the US when they travel there, it is unlikely she will be filing immigration papers once there.

[DaveSana 13]

Damara

I am familiar with each of your points, the rationales, and the existing practices.

Cheers,

Dave

Edited December 6, 2016 by DaveSana

[JE57 239]

Hi,

Best of luck to you and your future wife... I know it can work.. My now wife was denied a tourist visa and we applied for and were granted a K-1, got married in the USA and then were able to return to our home overseas. Subsequently she was granted a tourist visa.. So it can work.. A couple of things to consider....

She was delayed getting the K-1 because the Embassy required proof of my intent to establish domicile and have a future income in the USA... Not saying this will happen to you but it did happen to us. In our case our intent really was to remain in the USA and we were blessed with the opportunity to return to our home overseas after we arrived in the USA.. In my opinion you won't be denied for K-1 because you can't show proof to establish domacile may need to provide further evidence which can be hard to do if it isn't true.. Catch 22 there. Although we didn't go thru the Manilla embassy instead going thru Hong Kong. Ideally you'll have an interesting interview and walk out with a tourist visa instead of a K-1.

The strength of your argument for a subsequent tourist visa (and subsequent B2 entries to the USA) depends then on your ties to the Philippines after you get married and return. We assume she does not have strong enough ties to satisfy the requirement to prove she will return. You then become a strong tie in so much as you also will stay. So my advice would be make sure all your ducks regarding your residency in the Philippines are in a row before the interview. That you have legal status in the Philippines and that you can show strong reason that you will continue to reside there.

-

I'll note that while others have said that being married to a USC is a big red flag I think actually that marriage to a USC that resides overseas and can show that they plan to continue to do so is not a negative.

The last consideration is that once she has a US K1 VISA in her passport that she will not be allowed to LEAVE the philippines without a CFO sticker. It's hard for me to imagine that CFO is going to put up much of a fuss but be aware that you also will have to pass this hurdle.

Do let us know how it goes please.