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What is chance of getting my wife a tourist visa if not doing AOS in USA

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Due to my fiance's aging grandparents health here in the Philippines, and my elderly mom's health in the USA we both need the ability to travel to see our respective families. After marriage in the USA we will return to the Philippines. I would like my then wife to apply for a tourist visa so she can fly anytime to the USA with me.

Does she have a good shot at being approved since she had shown she will return and I hold an indefinite retirement visa in the Philippines. We will have our interview (January 2017) after her DOTS program is finished next week.

My fiance also has a daughter in the Philippines and a tourist visa was denied in 2014.

Thx in advance.

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K1 is for immigrating.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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For further clarification, she will enter the USA under a K1 visa, marry, then return to the Philippines, and soon thereafter she will apply for a tourist visa to the USA since we will continue to reside in the Philippines.

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Due to my fiance's aging grandparents health here in the Philippines, and my elderly mom's health in the USA we both need the ability to travel to see our respective families. After marriage in the USA we will return to the Philippines. I would like my then wife to apply for a tourist visa so she can fly anytime to the USA with me.

Does she have a good shot at being approved since she had shown she will return and I hold an indefinite retirement visa in the Philippines. We will have our interview (January 2017) after her DOTS program is finished next week.

My fiance also has a daughter in the Philippines and a tourist visa was denied in 2014.

Thx in advance.

Interview for k1? doesnt a tourist visa require intent to not immigrate, a k1 visa is intent to immigrate. leaving without ap after marriage puts her out of status? Edited by Thozelle

2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

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For further clarification, she will enter the USA under a K1 visa, marry, then return to the Philippines, and soon thereafter she will apply for a tourist visa to the USA since we will continue to reside in the Philippines.

Step 1, at the K1 interview, she will tell them she has plans to marry you and immigrate to the USA.

Step 2, a couple of months later, she will try to convince them she has no plan to immigrate to the USA and would like a tourist visa.

Good luck.

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She won't say she has intentions to immigrate at the K1 interview. K1 is two tier. 1st tier is marry the USC then leave the USA within 90 days of entry, 2nd tier is do an AOS and immigrate after the marriage. No requirement to do stage two and immigrate under a K1 visa.

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They'll likely want to know why you obtained a K-1 but didn't remain in the US. Hopefully you have a good explanation planned.


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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For further clarification, she will enter the USA under a K1 visa, marry, then return to the Philippines, and soon thereafter she will apply for a tourist visa to the USA since we will continue to reside in the Philippines.

Ok well you have no timeline- so based on the info you provided, it seems your fiance is waiting on her K visa interview in Jan '17. She is then going to use the interview to obtain the visa to come to the US to get married with in the 90 day period. It is NOT true that you need to intend to immigrate after the marriage. Most people do- they file for adjustment after the marriage, but some do use simply to come to the US, get married and leave. (Im sorry I misunderstood your post the first time around because you had no context to it)...

She needs to be very careful in the interview to stress that she is going to be returning to the PI after the wedding. Any kind of misrepresenting or perceived misrepresenting can be used as a reason to not give her a tourist visa in the future.

Most people dont go through the complex process of getting the K visa to go to the US to get married since you can go to the US on a tourist visa to simply get married and leave, But for those that cant get a B visa for that, then you have to get the K visa.

Once you guys come back to the PI, shes going to be treated like any other person trying to get a tourist visa. She needs to show strong ties. Her situation will be unique. She has a strike against her because her spouse is a USC so it can be looked at as if she is trying to jump in line and get there to file instead of waiting overseas. It can look like you guys left and screwed up the process and are looking for a shortcut back to fix it as well. So she needs to show she understands the immigration process and is not interested in it. So showing you guys both have strong ties will help, even though the focus is on her- showing you have no intention to leave the PI will show like why would she want to be in the US if you arent going to be there?

The application isnt that expensive and the only way to know is to try. Hopefully she will get approved. The worst that could happen is she is unable to come back to the US with you to see your mom short of immigrating back on the CR/IR visa in the future.

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Well said Damara. Concur.

Edited by Thozelle

2013/05/03 Married

2013 CFO seminar to change name

2013 Passport issued in married name

USCIS

2015/06/27 Sent I-130

2015/06/29 Priority Date

2015/0701 NOA1

2015/08/05 NOA2

NVC

2015/08/17 Package received at NVC

2015/08/26 Received DS-261/AOS bill

2015/08/29 Sent AOS/IV

2015/08/31 AOS/IV scan date

2015/09/01 DS-260 submitted

2015/09/21 3 n/a (CC)

2015/09/28 Receive confirmation email of CC waiting interview date

2015/10/01 Interview date scheduled (P4)

Manila Embassy

2015/10/12 SLEC Medical, required to get doctor certificate and return the 30th.

2015/10/19 Went to hospital to get the doctors certificate for SLEC

2015/10/30 Appointment with doctor at SLEC for evaluation

2015/11/03 Completed medical

2015/11/05 Interview scheduled - APPROVED

2015/11/06 CEAC changed to issued

2015/11/11 Passport and visa delivered

2015/11/12 Passport stamped at CFO

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Seems an odd route to take, why not just apply for a B in the first place?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Than you for the detailed response Damara. I m hoping the CO's will understand our family situation, our home is in the Philippines, we could of did the AOS with advance parole, and under the circumstances a tourist visa is appropriate. CR1 or IR1 is not an option since domicile is here in the Philippines.

My indefinite multiple entry resident visa here in the Philippines, she could of overstayed the future K1 but didn't, and her child here in the Philippines should help in the tourist visa interview once we return from the USA.

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Applied for a B visa to visit my father b4 he passed. She was denied and my father passed two weeks later. I don't want this to happen with my mom. Like my fiance, my family ties are very strong. I haven't visited my mom in over a year to help my fiance get through the St Luke's DOTS program and help with any of her grandparents medical issues. Greatful I have a large family in the USA.

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