Simultaneous B1 and K1 Visa Applications

[Miguelito Garrito 0]

My girlfriend has an interview date for a tourist visa. She lives in Latin America, is educated, and speaks fluent English. In spite of this, its still quite likely that her tourist visa will be denied.

I'd like to go ahead and start to the K-1 visa process but don't want to interfere with her chances of getting a tourist visa. However, I know we can qualify to the K-1 visa and don't want to waste 5-6 weeks waiting for her B-1 interview only to get it denied. I'd rather just scrap the B-1 process and go straight to K-1.

Anyone have an good links on this subject or experience with this issue?

Thanks,

Mike

[djeslinger 0]

mike, this was is my dilemma. I have waited several months hoping for a B1 before filing for K1. now i have abandoned the idea and am gathering docs to initiate the K1.

Will she be in guayaquil or Quito?

[Dodi 69]

Ecuador is one of the worst countries when it comes to issuing tourist visas (or any visas for that matter). Check out the Guayaquil Consulate thread in the US Embassy and Consulate Discussion forum. It's filled with horror stories.

I hate to tell you that, but it's something you need to prepare yourself for.

If you file an I-129F, your fiance will still have to be in Ecuador for her interview, and usually any B1/B2 visa applications are cancelled. If the consulate officer finds out she's engaged to you prior to her interview for her B1, it's even less likely that she'd be allowed a B1, even if everything else was stacked in her favor.

I'm really sorry to have to tell you that, but it's an extremely difficult country. Talk to TBoneTX for more info. He can give you the scoop. Good luck.

[Indy90 21]

My girlfriend has an interview date for a tourist visa. She lives in Latin America, is educated, and speaks fluent English. In spite of this, its still quite likely that her tourist visa will be denied.

I'd like to go ahead and start to the K-1 visa process but don't want to interfere with her chances of getting a tourist visa. However, I know we can qualify to the K-1 visa and don't want to waste 5-6 weeks waiting for her B-1 interview only to get it denied. I'd rather just scrap the B-1 process and go straight to K-1.

Anyone have an good links on this subject or experience with this issue?

Thanks,

Mike

I will not directly answer the B1/B2 question because I do not want to give any false information, but I do believe that a call to the Quito Consulate (not Guayaquil...they charge) will likely provide you any details on the legality. With that being said, getting a B1/B2 visa if you are from Ecuador is not easy, but I do have many Ecuadorian friends that have done it. I do not think that it is extremely different though from many countries that are in a similar economic situation. It really settles down to whether you can prove that you have a lot of ties to Ecuador. Having a good education and speaking English alone will not be enough...in fact a some of my Ecuadorian friends with tourist visas do not even speak English. What is important are things like her job (aka salary), whether she owns a car, has a house, has family (aka kids that she would not want to abandon), etc. I had a friend who was about 45 who had three kids, a very nice house, a couple of cars AND was invited by the U of Utah and was still denied, but was later approved when he reapplied, so often times you have to go back a couple of times. Regrettably, the fact that she is thinking about moving permanently with a K1 probably is an indication that she will get denied.

Personally, I do not know why you wouldn't just start the K1 visa and forget about a B1/B2. Sure, she might be able to spend a couple of weeks with you as a tourist on the off chance that she is given a visa, but it is not permanent...unless you are thinking about getting married and adjusting her status in the US. I will caution you that this would constitute visa fraud. People do get away with it but there are numerous risks, like very very long bans.

Edited September 15, 2010 by Indy90

[TBoneTX 48,147]

Personally, I do not know why you wouldn't just start the K1 visa and forget about a B1/B2.

Si, man, along with everything else that Indy90 has said. Before you even consider petitioning for the K-1, read the Embassy Reviews (see link atop this page) and the Embassy Info (atop this page) for Ecuador, and read the entire "US Consulate in Guayaquil, Ecuador" thread in the Embassy/Consulate forum. Pay particular attention to the worst experiences, and to the guidance of everyone before you who learned the hard way.