US Tourist visa questions

[xwind 10]

My fiance is undergoing a very long annulment case in the Philippines for several years met with many delays... Our intent is to file for a K-1 fiance visa once she is legally able to marry again, so that I can finally bring her and our 4 yr old son (a US citizen now) to the US to live with me.

In my recent frustration and impatience with her case, I asked my immigration lawyer here (the one who will help us file K1) if he knew of any way for her to come here even just for a month or two, so that I don't have to take another 3-4 week vacation off work. He said we can make an attempt at a Tourist Visa, obviously no promises as it is extremely challenging, but he thinks he can probably make us a pretty persuasive position. I then asked what was the time frame and he said it's usually about a month from the time of application till the interview. 1 month?!?! almost seems too fast and unrealistic to me! What do you guys think, is that a pretty accurate estimate?

As far as persuasiveness, I think it's a long shot. I don't think we have strong evidence that shows her 'strong ties' to the Philippines. She doesn't have a job, or business, and she's not in school. She does have a few properties in her name though, like their family house and lot, maybe a couple other small land properties. Moneywise, I've been supporting her financially for many years so she relies on me, she does have a bank account, but nothing worthy of mentioning though, maybe the equivalent of $1k. Our son goes to school there, but he's just in preschool. She also lives in an apartment and we don't want to leave that unattended for too long, so that might be worth mentioning. I think the fact that she'll be staying in the US with her future fiancee will strongly work against us, but we'll see, I'm curious what kinds of things will my lawyer do to help us.

It will be a very expensive attempt at bringing her here for a short vacation, with a high likelihood of us being denied, but I don't think it would hurt to try? Thoughts?

[Greenbaum 12,260]

You have a 50 50 shot if your a betting man. Most do not get approved. If it were me I would keep moving forward and try to have patience which is a giant leap for most of us.

Why not do your own K1? You have great assistance here VJ.

[Ning 619]

My fiance is undergoing a very long annulment case in the Philippines for several years met with many delays... Our intent is to file for a K-1 fiance visa once she is legally able to marry again, so that I can finally bring her and our 4 yr old son (a US citizen now) to the US to live with me.

In my recent frustration and impatience with her case, I asked my immigration lawyer here (the one who will help us file K1) if he knew of any way for her to come here even just for a month or two, so that I don't have to take another 3-4 week vacation off work. He said we can make an attempt at a Tourist Visa, obviously no promises as it is extremely challenging, but he thinks he can probably make us a pretty persuasive position. I then asked what was the time frame and he said it's usually about a month from the time of application till the interview. 1 month?!?! almost seems too fast and unrealistic to me! What do you guys think, is that a pretty accurate estimate?

As far as persuasiveness, I think it's a long shot. I don't think we have strong evidence that shows her 'strong ties' to the Philippines. She doesn't have a job, or business, and she's not in school. She does have a few properties in her name though, like their family house and lot, maybe a couple other small land properties. Moneywise, I've been supporting her financially for many years so she relies on me, she does have a bank account, but nothing worthy of mentioning though, maybe the equivalent of $1k. Our son goes to school there, but he's just in preschool. She also lives in an apartment and we don't want to leave that unattended for too long, so that might be worth mentioning. I think the fact that she'll be staying in the US with her future fiancee will strongly work against us, but we'll see, I'm curious what kinds of things will my lawyer do to help us.

It will be a very expensive attempt at bringing her here for a short vacation, with a high likelihood of us being denied, but I don't think it would hurt to try? Thoughts?

It doesn't hurt to try but it is expensive. From what you say she will be denied which is unfortunate.

[Hypnos 6,579]

Her chances are slim, but it's your money.

[Hank_ 9,174]

It costs $160 to apply for a tourist visa, your fiancee doesn't need a lawyer to do this.

[Netsikai 20]

I was denied 3 times for a duration of 10 years before I was given a tourist visa in 2002...so I would advise try and try again as long as money is not an issue...i had my renewal in 2012 before my fiancé filed my k1 visa October 2012.

[mistyrose 0]

No harm in trying though. My mom is a tourist visa holder, multiple entry. Before she applied early last year, i kept on telling her that it would be a very slight chance that she would get approved coz as per my readings, the average 200 tourist visa applicants in 1 day, only 5% are approved in manila. But she took the risk And passed. In her interview, the interviewer did not even ask about her bank account and her only properties here are just her car and our family house and lot.she is not also employed.

[apple21 953]

With a USC bf and son? Slim to zero chance of approval but as stated by others, she is welcome to apply.

[SennaBrigante 92]

Will she be leaving your son behind during the trip? If she is then that could work in her favor. Also she could mention that she's still undergoing an annulment case with her ex which would mean that she can't legally marry while there. She should also mention that she'll need to be back here for court proceedings and whatnot.

I got denied for a tourist visa twice before I got approved for a 10 year multiple entry and I didn't have any strong ties here.

[Boiler 47,470]

If she got to the US couldnt she get a divorce here?

The Son presumably has a US Passport.

[xwind 10]

I was denied 3 times for a duration of 10 years before I was given a tourist visa in 2002...so I would advise try and try again as long as money is not an issue...i had my renewal in 2012 before my fiancé filed my k1 visa October 2012.

Wow 3 times. Did you keep applying with the same application or did you change it up a bit each time?

No harm in trying though. My mom is a tourist visa holder, multiple entry. Before she applied early last year, i kept on telling her that it would be a very slight chance that she would get approved coz as per my readings, the average 200 tourist visa applicants in 1 day, only 5% are approved in manila. But she took the risk And passed. In her interview, the interviewer did not even ask about her bank account and her only properties here are just her car and our family house and lot.she is not also employed.

That sounds almost like our situation. What other kinds of things did you bring up that you think may have led to why they accepted her?

[xwind 10]

Will she be leaving your son behind during the trip? If she is then that could work in her favor. Also she could mention that she's still undergoing an annulment case with her ex which would mean that she can't legally marry while there. She should also mention that she'll need to be back here for court proceedings and whatnot.

I got denied for a tourist visa twice before I got approved for a 10 year multiple entry and I didn't have any strong ties here.

All very good points! Although not ideal..leaving our son would probably make for a stronger case I agree. Her annulment may also help yeah. I'll leave it to my lawyer to help decide what kind of info and tactic would be best.

What do you think you did differently on the 3rd try that got them to accept you?

If she got to the US couldnt she get a divorce here?

The Son presumably has a US Passport.

I think she could technically get a divorce here, but that wouldn't be valid in the Philippines, and that's not what we want. I want us to be a legally married couple as seen by both the US and the Philippines as we may choose to live in either place in the future who knows

Our son does have a US passport.

[xwind 10]

For all who did get their Tourist visa in the end, how long would you say the entire process took from application to interview? My lawyer says 1 month...which I doubt is that quick.

[mistyrose 0]

That sounds almost like our situation. What other kinds of things did you bring up that you think may have led to why they accepted her?

Aside from an invitation letter coming from my younger sister who is an LPR there, she answered well with confidence.Also, confident and was able to convince the interviewer that she didn't want to stay long in the US because she wanted to visit my other siblings. and the interviewer asked about my siblings instead. They always have follow up questions when one opens a topic... after it, end of interview.my mom was approved.And oh, my mom prayed a lot for it. I think that was one of the best reasons why she passed

[Hypnos 6,579]

I prayed for Liv Tyler to be in my bedroom tonight but she never showed up, so I'm not sure prayer has any effect on approval or denial.

Edited January 19, 2014 by Hypnos