Likelihood of Tourist Visa for K1 approved but abandoned

[SteveInBoston 42]

My fiance is getting both homesick and has anxiety about marriage.  Our relationship is good - great, actually, but she doesn't want to get married now.  She wants to go back to her home in the next two months (within the 90 day window) and travel back to visit me later on a tourist visa.  We may possibly marry later this year over there and apply for a CR-1.

 

What is the likelihood for her getting approved for a tourist visa?  On the downside she is single with no strong ties to her country.  On the upside she has a history of travelling as a tourist and would have voluntarily returned from the US when she had a chance to immigrate on the K-1 visa.

 

Also, if she is approved I assume the same rule of thumb about staying away from the US for twice as long as she visits applies?  That is, after 2 months here on the K-1, she should stay away for 4 months before returning for 2-3 months as a tourist?

 

 

Edited February 25, 2019 by SteveInBoston
typo

[EM_Vandaveer 2,364]

Highly unlikely that she'd get a tourist visa.

[Boiler 43,394]

It is not a chance based process, depends on her specifics.

 

What sort of job would she have that gave her so much vacation?

[Crazy Cat 39,183]

If she can show strong ties to her country, there is always a possibility (maybe not a strong one)  of getting a tourist visa in the future......but she should not overstay her I-94 .

Edited February 25, 2019 by missileman

[EM_Vandaveer 2,364]

Demonstrated immigrant intent in the past by getting a K-1. Still has immigrant intent (they want to marry & file for CR-1). How to prove that there is no immigrant intent when there, in fact, IS?

[Crazy Cat 39,183]

4 minutes ago, EM_Vandaveer said:

Demonstrated immigrant intent in the past by getting a K-1. Still has immigrant intent (they want to marry & file for CR-1). How to prove that there is no immigrant intent when there, in fact, IS?

It would definitely be an uphill battle, imo....

[payxibka 10,044]

1 hour ago, Boiler said:

It is not a chance based process, depends on her specifics.

 

What sort of job would she have that gave her so much vacation?

She has a job?

[Just Paul 4,591]

It is gong to be based on her ties to her home country.    She already has shown immigrant intent be coming in a K1.  Definitely possible, but not a probable success unless some time has passed and she has great ties.

[SteveInBoston 42]

Thank you for the responses.

 

So, by being here on an approved K-1 but not marrying and returning before her I-94 expires is a negative for a future tourist visa because of immigrant intent?

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

The future wedding thing is not set.  She is not ready yet for the final commitment and want to take more time until she is sure.I am not entirely sure why - we love each other and she loves being with me...but that is a topic for another type of forum or counseling. 

[WeGuyGal 1,052]

Well, she applies and finds out.. we could speculate all day, but a CO decides whether or not an abandoned K1 could lead to a B2.

[SusieQQQ 11,584]

1 hour ago, SteveInBoston said:

P

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

 

Well, I’d ageee with your fiancée on this one, personally. Only way to know for sure is apply.

[Boiler 43,394]

You have mentioned one semi positive actor, not decided on one factor, how do you expect people to make sensible comments based on one factor.

Edited February 26, 2019 by Boiler

[The_Empyrean 733]

Very unlikely, that she'll get a B2. 
She's already here, make sure she doesn't overstay her K-1 I-94.
You guys can always do CR-1 later on, but remember that it'll take again, 12-14months. SO that'll add up to 2years of wasted time apart (incl K-1 NOA2 wait). IMHO sit down and talk, now it's the time to do that. I Hope you can figure it out, because if this is a big hurdle for her to overcome, and she's not ready for the commitment, in my view, she won't be ready to do CR-1 anytime soon, and on top of that she'll have 85% chance that her B-2 application will be denied.
With all my sympathy i would talk openly and find a way of being/not being together. Homesickness won't go away, ever. It might get to a point where you feel like home, but in the back of your head, those thoughts still linger, especially if you're alone for a while. The thing might be, that emigration/immigration might not be for her.
I'm not judging, or telling to leave, or force her to marry you. that's just my opinion, talk it out, show all the cards, and take it from there. We can only advise you two what to do legally more or less, emotionally, only you two can choose whats right, whats wrong.

Best Regards

P.

[mushroomspore 3,043]

4 hours ago, SteveInBoston said:

Thank you for the responses.

 

So, by being here on an approved K-1 but not marrying and returning before her I-94 expires is a negative for a future tourist visa because of immigrant intent?

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

The future wedding thing is not set.  She is not ready yet for the final commitment and want to take more time until she is sure.I am not entirely sure why - we love each other and she loves being with me...but that is a topic for another type of forum or counseling. 

Technically, she BROKE the rules because the K1 rules are to use it to enter the US AND get married to the US citizen petitioner within 90 days. 

[EM_Vandaveer 2,364]

9 minutes ago, mushroomspore said:

Technically, she BROKE the rules because the K1 rules are to use it to enter the US AND get married to the US citizen petitioner within 90 days. 

Yes, but as long as she leaves before her I-94 expires, this won't matter. You're not legally obligated to marry. You're legally obligated to EITHER marry or leave before your 90 days are up.