Tourist visa in case of delay

[h2oshore 0]

I'm an American currently in Bangkok. I am getting ready to send my initial 129-f to the Nebraska office. We want to buy airline tickets leaving Bangkok in March but we are afraid that her fiance visa will not be complete by that time. Can she go ahead and apply for a tourist visa for a two month visit to the States so that she will be able to come visit even if the K3 visa isn't ready? Of course she would not be trying to stay in the States if she came on a tourist visa.

Can anybody help?

Thanks

[mmmata 0]

Hey there

Well, my fiancee and I pondered this forever..thought about it..then made some calls and checked into it. She called the immigration people at the airport and they said that once she's in the 129F application (has a WAC# or NOA1), then its thought her travel on a visitor visa would not be allowed.

I read on the Immigration site that says all immigration offices believe everyone is intending to immigrate to the USA permanently..and its up to the people coming in who have to prove their true intentions..

soo..since you're targeting march..if you file now..you might make it..sorry but it takes forever..the fiancee visa..we're lookin at Oct after applying in May....we're approved. She's waiting on the embassy interview. Once that happens, she has the green light to come..!

hope that helps..

mike

[h2oshore 0]

Hey there

Well, my fiancee and I pondered this forever..thought about it..then made some calls and checked into it. She called the immigration people at the airport and they said that once she's in the 129F application (has a WAC# or NOA1), then its thought her travel on a visitor visa would not be allowed.

I read on the Immigration site that says all immigration offices believe everyone is intending to immigrate to the USA permanently..and its up to the people coming in who have to prove their true intentions..

soo..since you're targeting march..if you file now..you might make it..sorry but it takes forever..the fiancee visa..we're lookin at Oct after applying in May....we're approved. She's waiting on the embassy interview. Once that happens, she has the green light to come..!

hope that helps..

mike

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

[japau 1]

If she comes into the country on a tourist visa, and then all of a sudden you are engaged and filing for a K-1 2 months later, you are going to have a problem, period, because they are going to assume you intended to do this the whole time to skirt the K1 immigration laws. Your best best is to apply for K1 now, and just wait the wait without trying to get her in on a tourist visa for an "earlier" 60 days. If you're going to get her in on a tourist visa, you may as well just get married once she is here and adjust status, but you're going to have the same exact problem. Finally, a tourist visa isn't a sure thing either, and if they sniff out the fact that she's coming here to get married and deny the tourist visa, you are going to be even further behind time-wise AND you're going to have the problem that you applied for a tourist visa to get around the K1 timeline. Believe me when I tell you you're not the first (or the 10 millionth) that has had this "revelation." It's just a bad idea, period. I am not an immigration attorney, but I believe any good immigration attorney would tell you the same thing...ok, that's my 7 pesos...

Edited October 9, 2006 by japau

[desert_fox 32]

It would be very very doubtful that any Consulate would issue a tourist visa while a K-1 is pending.

[zyggy 9]

Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1.

But you know what they say about placing your bet on a sucker...

Edited October 9, 2006 by zyggy

[diadromous mermaid 36]

Hey there

Well, my fiancee and I pondered this forever..thought about it..then made some calls and checked into it. She called the immigration people at the airport and they said that once she's in the 129F application (has a WAC# or NOA1), then its thought her travel on a visitor visa would not be allowed.

I read on the Immigration site that says all immigration offices believe everyone is intending to immigrate to the USA permanently..and its up to the people coming in who have to prove their true intentions..

soo..since you're targeting march..if you file now..you might make it..sorry but it takes forever..the fiancee visa..we're lookin at Oct after applying in May....we're approved. She's waiting on the embassy interview. Once that happens, she has the green light to come..!

hope that helps..

mike

I'm confused. You're profile says K-1, but then you are speaking of K-3. Which is it?

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

If she comes into the country on a tourist visa, and then all of a sudden you are engaged and filing for a K-1 2 months later, you are going to have a problem, period, because they are going to assume you intended to do this the whole time to skirt the K1 immigration laws.

This isn't necessarily true.

[SirLancelot 1]

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

The problem is that your SO is from Thailand. You haven't listed her specifics so I'll assume the worst. It will be very difficult for you to get a visitor visa for her. Highly unlikely. If she was from the UK or France, it would be different, but from Thailand, highly unlikely.

The first thing you'll learn from this process is that your schedule means absolutely nothing. It's great you want to be in the states together from March - May to get married, but the US government could care less about your scheduling. In time, you'll learn to bend over backwards to cater to their schedule, not the other way around.

Good luck with the visitor visa application. Please let us know if you succeed.

[h2oshore 0]

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

The problem is that your SO is from Thailand. You haven't listed her specifics so I'll assume the worst. It will be very difficult for you to get a visitor visa for her. Highly unlikely. If she was from the UK or France, it would be different, but from Thailand, highly unlikely.

The first thing you'll learn from this process is that your schedule means absolutely nothing. It's great you want to be in the states together from March - May to get married, but the US government could care less about your scheduling. In time, you'll learn to bend over backwards to cater to their schedule, not the other way around.

Good luck with the visitor visa application. Please let us know if you succeed.

Lots of food for thought here. My fiance's backround is excellent. She has been a college instructor in Thailand for 15 years and she has done some graduate studies in the US and even helped teach a summer course at UCSF. So I presume (could be wrong of course) getting a tourist visa would not be a huge hurdle. We also have a well documented 5 year relationship with nothing to hide. Just trying to do what's best for our schedule but if there is a risk of creating a problem then of course our schedule will be changed. Just trying to get some feedback, if you have any more thoughts we would really appreciate them.

Thanks again

[desert_fox 32]

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

The problem is that your SO is from Thailand. You haven't listed her specifics so I'll assume the worst. It will be very difficult for you to get a visitor visa for her. Highly unlikely. If she was from the UK or France, it would be different, but from Thailand, highly unlikely.

The first thing you'll learn from this process is that your schedule means absolutely nothing. It's great you want to be in the states together from March - May to get married, but the US government could care less about your scheduling. In time, you'll learn to bend over backwards to cater to their schedule, not the other way around.

Good luck with the visitor visa application. Please let us know if you succeed.

Lots of food for thought here. My fiance's backround is excellent. She has been a college instructor in Thailand for 15 years and she has done some graduate studies in the US and even helped teach a summer course at UCSF. So I presume (could be wrong of course) getting a tourist visa would not be a huge hurdle. We also have a well documented 5 year relationship with nothing to hide. Just trying to do what's best for our schedule but if there is a risk of creating a problem then of course our schedule will be changed. Just trying to get some feedback, if you have any more thoughts we would really appreciate them.

Thanks again

Obviously she is qualified to receive a tourist visa, but the problem would be that there is a petition pending. She has already expressed a desire to immigrate to the US. The Consulate would know this, and it would be very doubtful that they would give her a tourist visa without iron-clad evidence of her intent to return. Kinda hard to show in this case.

[h2oshore 0]

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

The problem is that your SO is from Thailand. You haven't listed her specifics so I'll assume the worst. It will be very difficult for you to get a visitor visa for her. Highly unlikely. If she was from the UK or France, it would be different, but from Thailand, highly unlikely.

The first thing you'll learn from this process is that your schedule means absolutely nothing. It's great you want to be in the states together from March - May to get married, but the US government could care less about your scheduling. In time, you'll learn to bend over backwards to cater to their schedule, not the other way around.

Good luck with the visitor visa application. Please let us know if you succeed.

Lots of food for thought here. My fiance's backround is excellent. She has been a college instructor in Thailand for 15 years and she has done some graduate studies in the US and even helped teach a summer course at UCSF. So I presume (could be wrong of course) getting a tourist visa would not be a huge hurdle. We also have a well documented 5 year relationship with nothing to hide. Just trying to do what's best for our schedule but if there is a risk of creating a problem then of course our schedule will be changed. Just trying to get some feedback, if you have any more thoughts we would really appreciate them.

Thanks again

Obviously she is qualified to receive a tourist visa, but the problem would be that there is a petition pending. She has already expressed a desire to immigrate to the US. The Consulate would know this, and it would be very doubtful that they would give her a tourist visa without iron-clad evidence of her intent to return. Kinda hard to show in this case.

Of course I meant to say K1 visa on my origianal post, not K3 visa.

There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand.

So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1.

[JenT 0]

Of course I meant to say K1 visa on my origianal post, not K3 visa.

There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand.

So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1.

This was not what you posted in your original question... you implied that you would be filing for a K1 and while that was in progress, attempt to obtain a tourist visa, which I agree would would most likely be denied.

However, if you do not file for the K1 yet, or even if you file while she is here, AND assuming she is eligble and brings evidence of ties to Thailand, there will likely be no problem with her coming to visit.

Jen

*edited for spelling

Edited October 10, 2006 by JenT

[zyggy 9]

Of course I meant to say K1 visa on my origianal post, not K3 visa.

There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand.

So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1.

This was not what you posted in your original question... you implied that you would be filing for a K1 and while that was in progress, attempt to obtain a tourist visa, which I agree would would most likely be denied.

However, if you do not file for the K1 yet, or even if you file while she is here, AND assuming she is eligble and brings evidence of ties to Thailand, there will likely be no problem with her coming to visit.

Jen

*edited for spelling

You're forgetting that the DS-156 specifically asks if an alien has a Fiancee relationship with a USC... Even if the I-129F is not filed.. how is she going to answer that question...

Are you prepared if you answer No what the reprocussions would be when she subsequently goes in for the K1 and they ask why she answered No when she go the tourist visa and is now saying that she does have a USC fiancee.... how is she going to adress this discrepancy...

[JenT 0]

You're forgetting that the DS-156 specifically asks if an alien has a Fiancee relationship with a USC... Even if the I-129F is not filed.. how is she going to answer that question...

Are you prepared if you answer No what the reprocussions would be when she subsequently goes in for the K1 and they ask why she answered No when she go the tourist visa and is now saying that she does have a USC fiancee.... how is she going to adress this discrepancy...

Yes, I did overlook that. Thanks Zyg. Good point.

[h2oshore 0]

Of course I meant to say K1 visa on my origianal post, not K3 visa.

There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand.

So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1.

This was not what you posted in your original question... you implied that you would be filing for a K1 and while that was in progress, attempt to obtain a tourist visa, which I agree would would most likely be denied.

However, if you do not file for the K1 yet, or even if you file while she is here, AND assuming she is eligble and brings evidence of ties to Thailand, there will likely be no problem with her coming to visit.

Jen

*edited for spelling

You're forgetting that the DS-156 specifically asks if an alien has a Fiancee relationship with a USC... Even if the I-129F is not filed.. how is she going to answer that question...

Are you prepared if you answer No what the reprocussions would be when she subsequently goes in for the K1 and they ask why she answered No when she go the tourist visa and is now saying that she does have a USC fiancee.... how is she going to adress this discrepancy...

I wasn't aware of the DS-156 fiancee relationship question. She would be honest and say yes. Perhaps that would put the tourist visa approval in doubt. I would be betting on her job position in Thailand and her history of visits to America would help her still get approval but perhaps no. Has anybody gone through this situation? The bottom line is she would not lie and say she has no fiance relationship to get a tourist visa.