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anonymouse1984

Tourist Visa for Indian Resident

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Hello All,

Any advice would be appreciated on this situation. Partner and I would like to meet and spend time together. I am in the U.S. and he is from India. Our goal is to apply for K1 visa, after his visit. We don't want to mislead the consulate officer, but unsure of how to word the purpose of his trip. He has the financial resources to fund his trip here, and his next employment contract will be starting in a few months. He also owns his own home, so there is the property. He will come visit for 4-6 weeks or so, and then return home. Is this legitimate? We are not abusing the tourist visa, are we? A K1 would be filed after he has returned to India. Again, I want to make sure I'm understanding the processes, and not in any way abusing the system. Will it be an auto-denial if he says he's coming to meet a potential romance?

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No there is no indication you are abusing a tourist visa. It is good that he has the resources to fund he trip and owns his own home. What is his travel history like? Has he previously traveled to other countries? That usually helps.

When speaking with the officer you HAVE to tell the truth. There is no proper wording of how to explain things. Only the truth. Because if found they are lying or hiding something, the person would be ineligible to receive any visas in the future.

Coming to see someone is not an automatic denial. He simply has to convince the officer that he is not a risk of staying in the US and will return to his country.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Depends on the totality of the situation, the limited you have mentioned does not sound that good.


“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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Many engaged couples have tried for a visitor visa before filing for a K-1. The results varies depending on their personal circumstances.

The US Consulate is aware that some folks intend to use the visitor visa to circumvent getting a K-1.

The way you have presented things don't look good. Next employment contract starting in a few months means he's currently not working. Your usage of "potential romance" to meet a fiancee is playing loose with words. How is a fiancee a "potential romance?" The CO is trained to spot these word games.

You used the word "partner." Are you gay and have a fear of pursuing a same-sex K-1 in India?

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It's best to explain purpose as the truth, no word games. US embassy\consulates in India have experienced just about every word game that's played, so it's best to state facts.. and let the CO adjudicate based on those facts.

Maximizing chances of a visa or minimizing chances of a rejection don't usually find favor with US Consular staff.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Thank you both for taking the time to respond to my query! It is so very appreciated!! :-)

We want to do everything legal and by the book. We know that we cannot marry in the U.S. without a K-1. We also know that he cannot overstay his visa. He does have lots of travel history and has never once overstayed a Visa in another country, including U.S. I guess I was just concerned with whether or not coming to visit someone for romantic purposes (that is more than a friend) is abuse, since the tourism visa is for pleasure or visit friends or family. Perhaps I'm interpreting "friends" far too literally. We want to meet, spend time together, and marry after a K-1. Provided all goes well, of course. We wouldn't do anything to jeopardize his chances of the K-1 (such as, going off and marrying on a whim, or him overstaying his visa), could that be considered a good reason for the C/O to have belief he would return, or no? It wouldn't be the only evidence he has, I'm just wondering if that should be mentioned, or, just not offered unless specifically asked?

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Depends on the totality of the situation, the limited you have mentioned does not sound that good.

Hi Boiler,

Thank you for the feedback! You mention that it does not sound good based on info given. Could you provide some specifics about why you say it doesn't sound good? Thanks!

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Many engaged couples have tried for a visitor visa before filing for a K-1. The results varies depending on their personal circumstances.

The US Consulate is aware that some folks intend to use the visitor visa to circumvent getting a K-1.

The way you have presented things don't look good. Next employment contract starting in a few months means he's currently not working. Your usage of "potential romance" to meet a fiancee is playing loose with words. How is a fiancee a "potential romance?" The CO is trained to spot these word games.

You used the word "partner." Are you gay and have a fear of pursuing a same-sex K-1 in India?

Hi Aaron,

The nature of his work is shipping contracts. He works in the merchant navy, therefore, his employment is always based on a contract. I hope that better clarifies circumstances, and that it's not so much that he is not working (well, he won't be after his contract is up, but only because he'll be on down time until the next one starts up - I wanted to clarify this is not the same as say someone who is unemployed straight off, and going to start a new job - if that makes sense - not sure this changes things?)

Not gay, he is M and I am F. Just wording :-)

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Have you two met in person? You said he's previously traveled to the US. If so, he can apply for a K1.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Just a word of advice.. any try for a US visa would have a CO look at how you two connected (facebook, etc).

His next step is to apply for a tourist visa, and state that his purpose of visit is to meet you. Simple as that..


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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