tourist visa to K3?

[naturegirl321 0]

Seeing how much docs and time are needed for the K3 visa, is it possible to simply get my husband a tourist visa and then change it to a k3 visa in the USA?

[payxibka 10,044]

Seeing how much docs and time are needed for the K3 visa, is it possible to simply get my husband a tourist visa and then change it to a k3 visa in the USA?

There might be other things available but K-3 is not it.

Edited December 28, 2006 by fwaguy

[riblet 0]

That would be immigration fraud, there is a reason most of us are not with our spouses. If that was legal we would all do that instead

[naturegirl321 0]

Doesn't the k3 take a year to get?

And what does "touch" mean?

Edited December 28, 2006 by naturegirl321

[payxibka 10,044]

And the concept of "simply getting a tourist visa" is another misnomer. Simple it is not. In order to get a tourist visa the applicant needs to overcome the presumption of "intent to immigrate." Since the applicant's spouse is already resident in the US the CO will have just about no choice but to deny because the presumption of "intent" will be very difficult for the applicant to overcome.

Does that make sense?

[payxibka 10,044]

Doesn't the k3 take a year to get?

And what does "touch" mean?

The timeline to K-3 varies from country to country because not only do you have the USCIS processing component you have the consulate part of the process. Some consulates are faster than others. Some are way slow.......

A touch simply means that your file was "touched" by someone at the service center. Each time they move your file from one pile to the other pile, if they happen to spill coffee it or god forbid they actually open it and do some review work they are suppose to scan the "barcode". If you sign up for e-mail notification then this is how you see touches. It really is a meaningless excersise but people like to see some activity on the file though it might be totally meaningless.

[naturegirl321 0]

And the concept of "simply getting a tourist visa" is another misnomer. Simple it is not. In order to get a tourist visa the applicant needs to overcome the presumption of "intent to immigrate." Since the applicant's spouse is already resident in the US the CO will have just about no choice but to deny because the presumption of "intent" will be very difficult for the applicant to overcome.

Does that make sense?

Actually, legally speaking, I gave up US residency on 19 Mar 2003, I'm a citizen, but not a resident. I'm a Peruvian resident.

[payxibka 10,044]

And the concept of "simply getting a tourist visa" is another misnomer. Simple it is not. In order to get a tourist visa the applicant needs to overcome the presumption of "intent to immigrate." Since the applicant's spouse is already resident in the US the CO will have just about no choice but to deny because the presumption of "intent" will be very difficult for the applicant to overcome.

Does that make sense?

Actually, legally speaking, I gave up US residency on 19 Mar 2003, I'm a citizen, but not a resident. I'm a Peruvian resident.

OK.. since you are a resident of Peru, then filing an I-130 directly with the Consulate (sometimes called DCF), if they indeed accept direct filings, should/would more than likely be faster than K-3 if you qualify. Most locales have a residency requirement and you may have already met that burden. Best to check the Embassy website to see what they offer

Edited December 28, 2006 by fwaguy

[CherylandMike 0]

Have you read this thread?

http://www.visajourney.com/forums/index.php?showtopic=47156

It is similar to what you are asking, but there was no consensus amoung members what the correct or legal course of action would be. The bottome line is, you might be able to get a visitors visa, and you might be able to file for AOS once here, but there are risks with potentially serious consequences.

Good luck,

Mike

[Kez/JWolf 6]

Have you read this thread?

http://www.visajourney.com/forums/index.php?showtopic=47156

It is similar to what you are asking, but there was no consensus amoung members what the correct or legal course of action would be. The bottome line is, you might be able to get a visitors visa, and you might be able to file for AOS once here, but there are risks with potentially serious consequences.

Good luck,

Mike

Mike there is one very BIG diffrence between this case and the one you quoted.... the op in this case is not already in the USA after coming for an vacation and changing their minds about returning to the original country.... the OP is in the other country looking for a fast way to get here... if they got a tourist visa knowing that they intend to change their minds once here then that would be visa fraud... DFC would be their best option or the USC returns to the US and then files for K1 or K3 if married already....

Kez

[Yodrak 7]

Check also the need for the petitioner to have US domicile before an immigrant visa can be issued.

Yodrak

And the concept of "simply getting a tourist visa" is another misnomer. Simple it is not. In order to get a tourist visa the applicant needs to overcome the presumption of "intent to immigrate." Since the applicant's spouse is already resident in the US the CO will have just about no choice but to deny because the presumption of "intent" will be very difficult for the applicant to overcome.

Does that make sense?

Actually, legally speaking, I gave up US residency on 19 Mar 2003, I'm a citizen, but not a resident. I'm a Peruvian resident.

OK.. since you are a resident of Peru, then filing an I-130 directly with the Consulate (sometimes called DCF), if they indeed accept direct filings, should/would more than likely be faster than K-3 if you qualify. Most locales have a residency requirement and you may have already met that burden. Best to check the Embassy website to see what they offer

Edited December 28, 2006 by Yodrak

[Rob and Melinda 0]

We tried to get a tourist visa while we were waiting for Mel's K-3 and she was denied at the US embassy in Manila. It is very hard to get a tourist visa in the K-3 process, don't go through the heart ache, just be patient and wait...

Rob and Melinda