Tourist Visa Denied

[Just Kelley 4]

My boyfriend is Brazilian. We've been a couple for two years and he's never been to the USA. We're seriously contemplating the steps to taking our relationship to the next level so he recently applied for a tourist visa to the USA. No great surprise that he was denied even though he didn't mention me (he's unmarried, no children, in his 20s and, because he's a property owner who generates his income from renting out the condos he owns, doesn't have a "typical" job that would indicate strong motivation to return to his home country) but it was still disappointing to get the official word.

Our original plan was to continue to date long distance, visiting back and forth before becoming engaged.

Since his visa was denied, I, of course, will just continue visiting him in Brazl, though we were both excited for me to be able to show him MY home for a change. Plan B is to expedite the "get engaged" part of our future and apply for the K1. We feel a little angry that we're being manipulated by the government for no reason that makes any sense to us. Eventually, we'd like to marry but we don't want to make any mistakes about how we go about everything and, now that he's been denied a tourist visa, we're a little worried that they'll deny a K1 visa too. I mean, we know the K1 is an immigratant visa and not the same as a non-immigrant visa but still we worry.

If all else fails, I'll just move there but we'll have to have a long distance/commuter marriage for several years as I own a successful business that requires too much of my time for me to manage it from another country.

My questions: does this sound like a viable Plan B and back up plan? am I overlooking anything? Is there anything else we can/should be considering?

Thanks in advance to all who reply

[Darnell 8,478]

the rules for adjudication for a tourist visa

are totally different than

the rules for adjudication for a K-1 visa,

so, plan accordingly.

[Just Kelley 4]

the rules for adjudication for a tourist visa

are totally different than

the rules for adjudication for a K-1 visa,

so, plan accordingly.

that's why I said "we know the K1 is an immigrant visa and not a non-immigrant visa."

[Hypnos 6,576]

Actually a K-1 is a nonimmigrant visa (in the sense that it doesn't automatically grant you a green card upon entry), it's just acknowledged that they're typically used for immigrant purposes since they are allowed to have dual intent.

Tourist visa denials due to a lack of sufficient ties to the home country will have no bearing on any K or immigrant visa applications the alien is a beneficiary of.

Edited November 21, 2013 by Hypnos

[MIDUVIL 34]

It's a suggestion:

Why not thinking about the CR1 also instead of the K1.

With the CR1, he will reveive his green card just after coming in USA, for the K1, he will have to wait some months before being able to travel (after his Advance of Parole).

I think that for his business, it will be easier for him to travel, if something happens.

Just my 2 cents.

Good luck whatever way.

[Cathi 5,630]

A K1 is not an immigrant visa. Make sure you study the guides at the top of the page before beginning the process. Good luck!

[RhettVoe 281]

how were you 'manipulated' by our government? The requirements for obtaining a tourist visa are clear....what is unknown is how (possibly) evasive your BF's answers were when asked who he was going to visit....if he gave the impression he was trying to hide something (which, given the circumstances you wrote, seem likely), then the consular officer perceived this and figured (correctly) that he (she) was not hearing the entire truth.0000000000

[Teddy B 17,251]

how were you 'manipulated' by our government? The requirements for obtaining a tourist visa are clear....what is unknown is how (possibly) evasive your BF's answers were when asked who he was going to visit....if he gave the impression he was trying to hide something (which, given the circumstances you wrote, seem likely), then the consular officer perceived this and figured (correctly) that he (she) was not hearing the entire truth.0000000000

Actually the requirements for obtaining a tourist visa aren't all that clear as the definition of "strong ties to your home country" varies from applicant to applicant and country to country. High fraud countries have a much higher hurdle to jump than low fraud countries do and the requirements will vary depending on the interviewing officer. Catch a c/o on a bad day and you may get denied for something that would be overlooked on any other day. We've seen that happen with people here many times. Obtaining a tourist visa can be a ####### shoot for a lot of people.

There is nothing in the op's post that indicates untruths or deception, please stop jumping to conclusions.

[Cathi 5,630]

My boyfriend is Brazilian. We've been a couple for two years and he's never been to the USA. We're seriously contemplating the steps to taking our relationship to the next level so he recently applied for a tourist visa to the USA. No great surprise that he was denied even though he didn't mention me (he's unmarried, no children, in his 20s and, because he's a property owner who generates his income from renting out the condos he owns, doesn't have a "typical" job that would indicate strong motivation to return to his home country) but it was still disappointing to get the official word.

Our original plan was to continue to date long distance, visiting back and forth before becoming engaged.

Since his visa was denied, I, of course, will just continue visiting him in Brazl, though we were both excited for me to be able to show him MY home for a change. Plan B is to expedite the "get engaged" part of our future and apply for the K1. We feel a little angry that we're being manipulated by the government for no reason that makes any sense to us. Eventually, we'd like to marry but we don't want to make any mistakes about how we go about everything and, now that he's been denied a tourist visa, we're a little worried that they'll deny a K1 visa too. I mean, we know the K1 is an immigratant visa and not the same as a non-immigrant visa but still we worry.

If all else fails, I'll just move there but we'll have to have a long distance/commuter marriage for several years as I own a successful business that requires too much of my time for me to manage it from another country.

My questions: does this sound like a viable Plan B and back up plan? am I overlooking anything? Is there anything else we can/should be considering?

Thanks in advance to all who reply

Just curious how the government is manipulating you?

[Just Kelley 4]

Just curious how the government is manipulating you?

Sorry, not interested in idle chatter. So far, none of these comments are relevant to my questions. If anyone who's been in a similar position has any helpful advice about how they worked through obstacles together, I'd really appreciate hearing some good tips. Thanks in advance

[Teddy B 17,251]

If your goal is to be married and live in the US, then you're on the right track with either the K-1 or IR/CR-1. Currently the IR/CR-1 folks are experiencing much longer than normal wait times, over a year in a lot of cases, so a K-1 might be a quicker way for the two of you to be together. You can read through the guides at the top of the page to compare both avenues and see which one works best for you.

[Boiler 43,859]

Sorry, not interested in idle chatter. So far, none of these comments are relevant to my questions. If anyone who's been in a similar position has any helpful advice about how they worked through obstacles together, I'd really appreciate hearing some good tips. Thanks in advance

It was an issue you raised.

Like all people in long distance relationships there is a call to be made which only you can do.

[Just Kelley 4]

If your goal is to be married and live in the US, then you're on the right track with either the K-1 or IR/CR-1. Currently the IR/CR-1 folks are experiencing much longer than normal wait times, over a year in a lot of cases, so a K-1 might be a quicker way for the two of you to be together. You can read through the guides at the top of the page to compare both avenues and see which one works best for you.

Thanks, Teddy! No huge rush but yes, that's our goal. Any thoughts/advice on going with an immigration attorney?

[Teddy B 17,251]

Thanks, Teddy! No huge rush but yes, that's our goal. Any thoughts/advice on going with an immigration attorney?

If there is nothing difficult about your case, such as criminal records or past immigration problems, then you should be able to do it yourself and save a bundle of money for a nice honeymoon. You'll be able to get all of the help you need right here.

Good Luck.

[JayJayH 546]

First of all, as long as his tourist visa denial was due to perceived 'immigrant intent' you have nothing to worry about K-1 or CR-1 visa wise. K-1 is technically a non-immigrant visa, but handled much the same way as an immigrant visa, as the obvious intent of the applicant is to immigrate.

When a non-immigrant visa is denied due to immigrant intent, it does not mean that he is somehow 'convicted' of attempting to scheme the US government. It simply means that the consular officer interviewing him was not satisfied or confident that he would return home. No charge, no conviction, just an assumption.

'Immigrant intent' is sort of an ambiguous term as it only exists in the moment that the applicant actually applies for a visa or admission. Once the denial is given, 'immigrant intent' goes away, and he is welcome to apply for a visa again (although unless something has changed in his situation, it is very unlikely that the outcome will be different). In conclusion however, a denial for immigrant intent is no ban, no bar, just a consular officer saying "I cannot grant you a visa at this time, as you have not satisfied me that you will return to Brazil."

If he were to re-apply for a non-immigrant visa, his previous denial will pop up in the consular database. Since there is no conviction, or firm finding, the consular officer will look at his application and look for any change in the applicant's situation. For example, if he recently acquired a well-paying job and bought a house, then that would make the situation very different. If there is no change, then the likelihood of another denial is very high.

However, when he applies for an immigrant visa (or K-1), the very purpose of those visas is to immigrate. The consular officer reviewing the case will see a previous tourist visa denial and review that application as well. They will look to see if the reason for that denial is grounds for denial of a CR-1 or K-1 visa. When the denial reason shows "immigrant intent" they cannot deny an immigrant visa based on the applicant having immigrant intent. The only situation in which the tourist visa application would come back to haunt him is if he lied in the application. For example, an all too common scenario is a married couple, where the foreign spouse applies for a tourist visa, and checks off that he is "single", believing that his chances of approval are higher. Then, the consular officer would be likely to make a finding of material misrepresentation - a lifetime bar.

In your case, you were not married, nor engaged. As long as he wasn't specifically asked "do you have a US citizen girlfriend?" and he answered "no" - No problem. Even then, a "girlfriend" isn't a legal definition of anything.

In a nut shell. Don't worry about it.

Thanks, Teddy! No huge rush but yes, that's our goal. Any thoughts/advice on going with an immigration attorney?

That decision is entirely up to you and your significant other.

It is my belief that anyone with an average or better understanding of straightforward government forms, and an average understanding of the English language, can do this more efficiently by themselves. Not only can you do it more efficiently, you will also save thousands of dollars.

It does require some homework, but this forum really has absolutely everything you need to file for a K-1 or CR-1 visa. Also, if you have questions, you can ask on here 24/7, and for the most part, the answers you get on here are just as good as what any lawyer could give you.

If you have a couple thousand to spare on a competent immigration lawyer, and, after reading through the forums and guides on here, you still feel that leaving it to a lawyer would give you more peace of mind - by all means, it won't hurt anything but your wallet.