Can Fiance visit from Canada.

[Hook_Grapp 26]

Hello, 

 

I have filed the I129F form in May and received the NOA1. My question is regarding my fiancé visiting to see my in the US while the I-129F form is being processed. She is a Permanent Resident of Canada and the citizen of India. She is scared to apply for a tourist visa because she has been rejected a tourist visa before. Backstory: She had applied for a US tourist visa within 10 days of coming to Canada about 2 years ago. The reason she had given to visit was that she just wanted to visit her friends in US and wanted to visit some cities. The border control officer didn't like the reasoning and was suspicious that she might stay in US given that she had just arrived in Canada. Anyway now its 2 years later and she has an apt lease, a full-time job and bank accounts. Is she a good candidate to apply for a tourist visa? My concern is that border control officer will again think she intends to stay in US. Are these concerns overblown? As long as she brings proof of returning, lease and job information she should be good right? I wouldn't want anything jeopardizing the K1 process. Please assist 

 

thanks

[Roel 7,191]

Refusal won't affect k1 process. 

 

She can apply if she wants to. There is always some chance. 

[WeGuyGal 1,052]

A tourist visa application does not jeopardize an immigrant visa, unless she's not truthful. Sounds like she was desperate to get to the US during the past visa attempt. Many Indians tend to believe a US visa is easier to obtain from Canada. It isn't. 

 

She can certainly try for a b2 again. Approval/denial will be up to the CO's satisfaction. A USC fiance would make it a challenge because she could enter the US and try to Adjust. Numerous Indians do that, and she'd be at risk to be viewed in that category. 

[wtrav 34]

The K1 has nothing to do with the tourist visa. However, she will need to say that there is a petition for her when completing the DS160 for the B1/B2. I got my tourist visa approved in November 2017, my fiancé submitted the K1 petition in March 2018 and I visited him in April 2018. I was asked at the border who am I visiting and my reply was "My fiancé.", never had any problems. 

[WeGuyGal 1,052]

10 minutes ago, Hook_Grapp said:

 

I have filed the I129F form in May and received the NOA1. My question is regarding my fiancé visiting to see my in the US while the I-129F form is being processed. She is a Permanent Resident of Canada and the citizen of India. She is scared to apply for a tourist visa because she has been rejected a tourist visa before. Backstory: She had applied for a US tourist visa within 10 days of coming to Canada about 2 years ago. The reason she had given to visit was that she just wanted to visit her friends in US and wanted to visit some cities. The border control officer didn't like the reasoning and was suspicious that she might stay in US given that she had just arrived in Canada. Anyway now its 2 years later and she has an apt lease, a full-time job and bank accounts. Is she a good candidate to apply for a tourist visa? My concern is that border control officer will again think she intends to stay in US. Are these concerns overblown? As long as she brings proof of returning, lease and job information she should be good right? I wouldn't want anything jeopardizing the K1 process. Please assist 

 

According to a 3-day old post, isn't she on the verge of quitting her job and vacating her apartment?  

[Hook_Grapp 26]

10 minutes ago, WeGuyGal said:

According to a 3-day old post, isn't she on the verge of quitting her job and vacating her apartment?  

Hey, Yes thats one scenario she's discussing. She isn't sure if that what she wants to do yet but I want to make sure any plans she has doesn't hurt the process. As I'm sure we've all experienced, visa processes are long and arduous and sometimes making future plans can get confusing and uncertain. 

[Ontarkie 13,918]

~~Duplicate threads merged. Please only start one thread for the same or related topic.~~

[SusieQQQ 11,584]

Just now, Hook_Grapp said:

Hey, Yes thats one scenario she's discussing. She isn't sure if that what she wants to do yet but I want to make sure any plans she has doesn't hurt the process. As I'm sure we've all experienced, visa processes are long and arduous and sometimes making future plans can get confusing and uncertain. 

Just make sure she doesn’t make any misrepresentation in writing or verbally during the visa interview (example stating she has an apartment lease then vacating her rental as soon as she gets a visa). Being refused a tourist visa won’t hurt the K1 application, but misrepresentation to get a US visa will.

[WeGuyGal 1,052]

According to your other post, "..She has decided to quit her job end of August to travel back to India and will remain there until the paper work is through..".

 

Odd considering she's a Canadian permanent resident. 

[Barry Krebs 13]

We were going to go the K1 route for me but I ended up getting a CR1 marriage immigrant visa.  Until all my papers were filed with the US consulate, I was free to visit my girlfriend/fiance/now wife in the US.  We had no problems with the then INS.  Of course back then they took your word.  I'm from Toronto and my wife grew up in Buffalo.  I took a bus to Buffalo and once we cleared Customs and Immigration, she picked me up at the Peace Bridge.  Spend my weekends with her and then went home-never worked here until I got permission.  It was also easy because I was born in Toronto and therefore I'm a Canadian citizen, so my circumstances are different then this post.  And all the times I came over, I was never questioned about my intent to stay.  But all I can say in her case is that as long as she has a border kit in which she demonstrates her substantial ties to Canada (besides her Canadian permanent residency status), she should be fine in getting the appropriate non-immigrant visa.  That kit should include things as a copy of the apartment lease, a letter from her current employer that states she currently employed, etc.  Such evidence of strong ties to the Canada community should strengthen her case.  BTW:  We decided to marry in Toronto and for me to get a CR1 marriage immigrant visa because majority of family is in Toronto and K1 Visa would have been too restrictive for ours and mine purposes.

[WeGuyGal 1,052]

1 hour ago, Barry Krebs said:

We were going to go the K1 route for me but I ended up getting a CR1 marriage immigrant visa.  Until all my papers were filed with the US consulate, I was free to visit my girlfriend/fiance/now wife in the US.  We had no problems with the then INS.  Of course back then they took your word.  I'm from Toronto and my wife grew up in Buffalo.  I took a bus to Buffalo and once we cleared Customs and Immigration, she picked me up at the Peace Bridge.  Spend my weekends with her and then went home-never worked here until I got permission.  It was also easy because I was born in Toronto and therefore I'm a Canadian citizen, so my circumstances are different then this post.  And all the times I came over, I was never questioned about my intent to stay.  But all I can say in her case is that as long as she has a border kit in which she demonstrates her substantial ties to Canada (besides her Canadian permanent residency status), she should be fine in getting the appropriate non-immigrant visa.  That kit should include things as a copy of the apartment lease, a letter from her current employer that states she currently employed, etc.  Such evidence of strong ties to the Canada community should strengthen her case.  BTW:  We decided to marry in Toronto and for me to get a CR1 marriage immigrant visa because majority of family is in Toronto and K1 Visa would have been too restrictive for ours and mine purposes.

Appears to be lacking all those.. trying for a US visa days after Canada landing, posts about quitting job, vacating apt, moving to India.