Likelihood of Tourist Visa for K1 approved but abandoned

[geowrian 22,335]

5 hours ago, SteveInBoston said:

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.  

If she had obtained an actual green card or immigrant visa, then I might be more inclined to treat abandoning it as a positive of not having immigrant intent.

But with "only" a K-1 visa, the CO may also believe the relationship didn't pan out but you have reconciled and are trying to use a tourist visa to bypass the long wait again.

The difference is she didn't actually give up an immigrant opportunity with a K-1. Said opportunity may not have even still been on the table as far as he/she knows.

 

Either way, she applies and finds out. No harm in applying except the $160 fee. It's a guaranteed 0% chance of approval if she doesn't apply.

Edited February 26, 2019 by geowrian

[SteveInBoston 42]

1 hour ago, PaulMac said:

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.

Yep, that is my situation.

 

We did talk openly, and I had to take a few days to go through the turmoil of loosing her (as a wife).  Her feelings might change before the 90 days, but with the way things are now, she wants to return.  She still wants us to be a couple, still engaged, but not married.  

 

This will be her first marriage.  She cohabited with a long term boyfriend for 6 years before, but she never wanted to marry him.  

 

Right now her homesickness seems more like nostalgia - I am hoping that when she goes home she will see her place with a new pair of eyes and might yearn to return here.   Hopefully that, combined with the separation, may influence her to marry me.  

 

In the meantime I am grateful for the time we have now to spend with each other.  Our relationship (other than the marriage situation) is wonderful and I want to give her the time she needs.  She is worth waiting for. 

[inneedofmyhb 217]

22 hours ago, SteveInBoston said:

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?

 

 

I am sorry about your situation and that your fiancé has suddenly gotten cold feet. I have no intentions of coming off wrong, but exactly what your finace is doing is why we have to go through the long process of getting approved. All the money and time spent on getting her to the states only to say, never mind for now? I just don’t understand how someone doesn’t process these thoughts before ever stepping foot in our country. One of the many reasons we have to proove so much about our love lives, so uscis can assume everything will go as planned. All the people that waited in line behind your finance and then she says, not ready? Sorry but this touches a sensitive spot. 

Edited February 26, 2019 by inneedofmyhb

[The_Empyrean 733]

11 minutes ago, SteveInBoston said:

Yep, that is my situation.

 

We did talk openly, and I had to take a few days to go through the turmoil of loosing her (as a wife).  Her feelings might change before the 90 days, but with the way things are now, she wants to return.  She still wants us to be a couple, still engaged, but not married.  

 

This will be her first marriage.  She cohabited with a long term boyfriend for 6 years before, but she never wanted to marry him.  

 

Right now her homesickness seems more like nostalgia - I am hoping that when she goes home she will see her place with a new pair of eyes and might yearn to return here.   Hopefully that, combined with the separation, may influence her to marry me.  

 

In the meantime I am grateful for the time we have now to spend with each other.  Our relationship (other than the marriage situation) is wonderful and I want to give her the time she needs.  She is worth waiting for. 

i wish You all the best. But that nostalgia.. Is gonna be there, no matter what. I'm in US for 7Years, and still think back of fun times i've had back in old country. But in order to move forward, you gotta let the past go. USA has so much more to offer than Lithuania, or Ukraine, it just a matter of a person, whether one can withstand the change or not, she doesn't seem to. 

MY rule that i live by: People won't change. They might for a while, but once their natural instincts come back, old habits will too. 
It's like fighting with windmills, you can't change person, and it seems like it's deeply grown into her if she changed her mind a second before commitment. That'd raise my eyebrow and make me rethink my future choices. But that's me. I hope you find a way.

I'd say it's like trying to patch up a rusted ship. It's leaking, you can't fix every single hole there. Especially when the water is coming in faster, than you can get it out. 

[MongolianPanda 7]

6 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. 

Maybe she has to get her family's approval first... I was in a similar situation myself a few years ago.. my girlfriend then was studying in the US on a F1 visa.. we met and were together for over 2 years.. but she couldn't marry me while she was here and adjust her status.. she wanted to go back to her country when she finished school and see her family and wanted her family's approval first before deciding.. so she left after she finished her studies.. and a few months after she left.. we started the K1 process.. 10 months later.. she is here and we are now happily married..  

[jakejon 1,196]

1 hour ago, SteveInBoston said:

Yep, that is my situation.

 

We did talk openly, and I had to take a few days to go through the turmoil of loosing her (as a wife).  Her feelings might change before the 90 days, but with the way things are now, she wants to return.  She still wants us to be a couple, still engaged, but not married.  

 

This will be her first marriage.  She cohabited with a long term boyfriend for 6 years before, but she never wanted to marry him.  

 

Right now her homesickness seems more like nostalgia - I am hoping that when she goes home she will see her place with a new pair of eyes and might yearn to return here.   Hopefully that, combined with the separation, may influence her to marry me.  

 

In the meantime I am grateful for the time we have now to spend with each other.  Our relationship (other than the marriage situation) is wonderful and I want to give her the time she needs.  She is worth waiting for. 

To me - I think she has a lot of soul searching to do primarily before anything else. I'm homesick but that's what you commit to with a K1 in theory so I'd personally ask that the OP takes time to themselves.

 

With a K1 'marriage' is no surprise. She needs to identify and search for what she truly wants before applying for a tourist visa and tbh she's had plenty of time to think about this as it's the K1 process which can be a lengthy process. Either way with a K1/CR-1 - she is going to leave "home" behind-obviously more benefits with a CR-1. What exactly is she waiting for? What does she want? There's no harm in applying for a tourist visa but in reality ask yourself where in the grand scheme of things is that going to put you guys? 

 

PS. Me and Jake's relationship was 'wonderful', still is and I knew he was the 'one'. I'd commit and commit yet again eyes closed, hammer down!!!! I'd give him my life through and through. In essence, either route she will have to overcome this ❤️ 

 

 

Edited February 26, 2019 by jakejon

[SalishSea 16,770]

1 hour ago, SteveInBoston said:

Yep, that is my situation.

 

We did talk openly, and I had to take a few days to go through the turmoil of loosing her (as a wife).  Her feelings might change before the 90 days, but with the way things are now, she wants to return.  She still wants us to be a couple, still engaged, but not married.  

 

This will be her first marriage.  She cohabited with a long term boyfriend for 6 years before, but she never wanted to marry him.  

 

Right now her homesickness seems more like nostalgia - I am hoping that when she goes home she will see her place with a new pair of eyes and might yearn to return here.   Hopefully that, combined with the separation, may influence her to marry me.  

 

In the meantime I am grateful for the time we have now to spend with each other.  Our relationship (other than the marriage situation) is wonderful and I want to give her the time she needs.  She is worth waiting for. 

Not sure if you saw the question someone asked previously, but what sort of job does she have, that she can afford long periods of not working?  What will she do when she returns to Ukraine?

[SteveInBoston 42]

Thank you for all the responses.  

 

Our K-1 took 8 months from application to POE.  We've had the time to realize what we were getting into, including me spending two months with her over the holidays.  Everything was fine - more than fine.  The week before her flight she went wedding dress shopping with her sister - not a traditional wedding dress, but a nice dress to wear for the wedding. 

 

Something happened on the day before the flight that caused her to reconsider.  Perhaps the reality of it all, perhaps some soul searching on her part...something.  She couldn't explain it, but a deep part of her makes her hesitate.  

 

Her family and I get along very well - we video chatted with her parents this morning.  They are pushing her to stay and get married, but she's stubborn.))

 

I know it will take another 1.5 to 2 years if she changes her mind after she returns and we get married.  But that is the situation I'm in.

 

For those wondering - she works at a retail store owned by her parents.  So there is a job waiting for her when she returns.

[jakejon 1,196]

8 minutes ago, SteveInBoston said:

Thank you for all the responses.  

 

Our K-1 took 8 months from application to POE.  We've had the time to realize what we were getting into, including me spending two months with her over the holidays.  Everything was fine - more than fine.  The week before her flight she went wedding dress shopping with her sister - not a traditional wedding dress, but a nice dress to wear for the wedding. 

 

Something happened on the day before the flight that caused her to reconsider.  Perhaps the reality of it all, perhaps some soul searching on her part...something.  She couldn't explain it, but a deep part of her makes her hesitate.  

 

Her family and I get along very well - we video chatted with her parents this morning.  They are pushing her to stay and get married, but she's stubborn.))

 

I know it will take another 1.5 to 2 years if she changes her mind after she returns and we get married.  But that is the situation I'm in.

 

For those wondering - she works at a retail store owned by her parents.  So there is a job waiting for her when she returns.

Interestingly, I'm listening to 'Jamala 1944' (Ukraine's entry) coincidentally from Eurovision on spotfiy- I LOVE it!!!! I really hope you guys overcome this. She has clear soul searching to do before this. No matter what route you take-she will have to leave 'home'. I hope with time she realizes exactly what she wants and that you guys make it ❤️ 

Edited February 26, 2019 by jakejon

[SusieQQQ 11,584]

16 minutes ago, SteveInBoston said:

Thank you for all the responses.  

 

Our K-1 took 8 months from application to POE.  We've had the time to realize what we were getting into, including me spending two months with her over the holidays.  Everything was fine - more than fine.  The week before her flight she went wedding dress shopping with her sister - not a traditional wedding dress, but a nice dress to wear for the wedding. 

 

Something happened on the day before the flight that caused her to reconsider.  Perhaps the reality of it all, perhaps some soul searching on her part...something.  She couldn't explain it, but a deep part of her makes her hesitate.  

 

Her family and I get along very well - we video chatted with her parents this morning.  They are pushing her to stay and get married, but she's stubborn.))

 

I know it will take another 1.5 to 2 years if she changes her mind after she returns and we get married.  But that is the situation I'm in.

 

For those wondering - she works at a retail store owned by her parents.  So there is a job waiting for her when she returns.

Well done to you for your patience. It’s tough, but the last thing you want is a spouse who feels like he or she has been pressured into marriage, even if (especially if?) it’s just because of a USCIS deadline. Good luck with everything going forward. 

[gregcrs2 1,777]

She has only been living in the USA with you for less than a month and is already homesick.  It's unlikely it is about you.  She is just not ready to live in another country yet.  You can always visit her to keep the relationship alive and possibly eventually get married there (Ukraine weddings are much more fun & lively than in the US).  She can try to get a tourist visa but if she is working in a retail store her parents own, then she is probably getting paid under the table.  So it's unlikely she would have verifiable taxable income.  Chances of a tourist visa is low but worth the $160 to find out.  Changing countries is not easy in many aspects (friends, family, language, culture, way of life).  We visit Ukraine often.  I can tell you that after a month there, we are anxious to return to the USA.  Then after being in the USA for 2-3 months, we are ready to go back for a visit mainly to visit family and friends.  Moving to a new country is not for everyone.  Don't forget March 8 is a BIG holiday (International Women's Day).  Good Luck!