What are options now?

[Crazy Cat 39,191]

6 minutes ago, Diaz.S said:

Wait a minute! Are you exaggerating? Why would she be denied if we just do everything over again? She had a good reasons to return so soon. 

You said "But do you think she would be automatically denied if she tried to get a tourist visa. "............Yes, I think she would....

Edited July 30, 2019 by missileman

[Boiler 43,397]

No harm trying.

[Diaz.S 1]

7 minutes ago, missileman said:

You said "But do you think she would be automatically denied if she tried to get a tourist visa. "............Yes, I think she would....

Yes, could be years or never as a tourist. Who knows. Just a guess! 

[geowrian 22,335]

Unlikely - they will likely presume she intends to return and marry and stay. It’s hard to have and show strong ties to return home when not long ago she was willing to abandon any ties.

 

But there is 0 chance if she doesn’t apply.

[Just Paul 4,591]

2 minutes ago, Diaz.S said:

Yes, could be years or never as a tourist. Who knows. Just a guess! 

She can try now but don't expect good results for the reasons above.   It is hard to disprove immigrant intent when you just got a visa saying otherwise.   She should wait a few years before applying for a visa.

 

You should go visit her there.

[Nitas_man 3,100]

17 minutes ago, Paul & Mary said:

She can try now but don't expect good results for the reasons above.   It is hard to disprove immigrant intent when you just got a visa saying otherwise.   She should wait a few years before applying for a visa.

 

You should go visit her there.

Hard to prove immigrant intent when they handed her a visa and she went home.

I’d suggest a try in this case.

Edited July 30, 2019 by Nitas_man

[Going through 5,668]

She *might* have a shot at a tourist visa...

 

What would work for her:

-Any ties she can show that proves compelling reasons for her to return to her home country after visiting. (ie. employment/home ownership/etc.)

-Having returned previously with no overstay/she left within the allotted 90 days.

 

What would work against her:

-US fiance

-CO may presume her intention this time is to marry on the tourist visa, stay and adjust status from within the US (ie. change of heart and now trying to circumvent immigration law)

 

All she can do is try---good luck.

[Diaz.S 1]

1 hour ago, Paul & Mary said:

She can try now but don't expect good results for the reasons above.   It is hard to disprove immigrant intent when you just got a visa saying otherwise.   She should wait a few years before applying for a visa.

 

You should go visit her there.

Ah I do go one or twice a month. We just wanted to catch a cruise that leaves from the states, but she needs that visa first. 

[Diaz.S 1]

39 minutes ago, Going through said:

She *might* have a shot at a tourist visa...

 

What would work for her:

-Any ties she can show that proves compelling reasons for her to return to her home country after visiting. (ie. employment/home ownership/etc.)

-Having returned previously with no overstay/she left within the allotted 90 days.

 

What would work against her:

-US fiance

-CO may presume her intention this time is to marry on the tourist visa, stay and adjust status from within the US (ie. change of heart and now trying to circumvent immigration law)

 

All she can do is try---good luck.

Eventually, we will petition the K1 visa again. Just wanted to have the flexibility to make a trip sooner for vacation purposes. That's all. 

[JFH 12,189]

*~*~*non-IMBRA question moved from “IMBRA” to “tourist visas”*~*~*

[geowrian 22,335]

3 hours ago, Nitas_man said:

Hard to prove immigrant intent when they handed her a visa and she went home.

Yup. But I would just note that there is no proof of immigrant intent required.

[carmel34 3,529]

I would suggest that you consider getting married in her country and then filing for a CR-1 spousal visa instead of the K-1.  It's not much different in time apart, but much better as the immigrating spouse will be an LPR on entry and can work, travel outside the US and return, etc.  Good luck!

[Unlockable 7,306]

8 hours ago, Diaz.S said:

Eventually, we will petition the K1 visa again. . 

Proceed with cautious optimism, my friend. With a previous K1 issued and the immigrant not getting married and leaving, another K1 may not be an easy approval. You should weigh the options of a spousal visa also. The next CO will have lots of questions on why thinks did not pan out the first time.

 

And even if she had an emergency or good reason to leave, there are ways she could have done it without losing her status (like marrying and filing for travel authorization).

 

Just saying, she now has a immigration history file that will open up a lot of questions. Which is why people are saying the visitor visa may be a long shot.

Edited July 31, 2019 by Unlockable

[Nitas_man 3,100]

7 hours ago, geowrian said:

Yup. But I would just note that there is no proof of immigrant intent required.

Sorry.  Should have worded that hard to support assumption of immigrant intent...

 

I wouldn’t be surprised if they issued one.  Saw a few cases of green cards (easily and smoothly) traded for B visas while USC spouses ran up their bank accounts outside the country.  This situation isn’t much different.

 

Depends on what the applicant says at the counter.   Either way this one?  My (rare LOL) call it’s worth a try.

Edited July 31, 2019 by Nitas_man

[Falcon Cara 377]

7 hours ago, carmel34 said:

I would suggest that you consider getting married in her country and then filing for a CR-1 spousal visa instead of the K-1.  It's not much different in time apart, but much better as the immigrating spouse will be an LPR on entry and can work, travel outside the US and return, etc.  Good luck!

Really?  Now of days I am seeing getting K1's approved in about 4 months,  Seems as if CR-1's take about about 10 to 12 months.

 

Did they speed up the CR-1?