What Visa Would Be Best for Our Situation?

[hearsay 1]

I am a US citizen. My fiancé is a Colombia citizen. We live and work in Colombia. We have no intentions of moving to the United States as we both love living near our families here in Colombia. We simply would like to visit the United States for 1-2 weeks.

 

The issue:

 

My fiancé applied for a tourist visa 2 years ago but was denied saying she had no ties to prevent her from staying in the USA. Which is not the reality because she genuinely wants to live and work in Colombia and live near her family. 

 

K1 = This visa says we must get married and live in the USA (but again, we just want to visit)

IR1/CR1 = Even if we get married in Colombia this visa is still for the purpose of living in the USA and I would be afraid they would revoke the visa if we simply visit for 2 weeks and return to Colombia. Then they may never allow her to return to the USA. This would be the worst case scenario for us.

B2 = but the issue is that she was previously denied, the only difference is that she is now my fiancé. I'm almost certain they would review the previous denial and reject again.

 

I'm positive that there are many people in our situation. Simply wanting to visit the USA and not live there. I realize that would be the tourist visa but with a prior denial aren't the chances very low that they will deny her again? Maybe simply showing proof of our relationship, jobs, and support while in the USA would change the outcome during this visa interview? 

 

Thanks for the advice. Hopefully someone with prior experience can help answer this question for us.

[Boiler 45,663]

B2 is for visiting

[DaveAndAnastasia 2,093]

Unfortunately, the appropriate visa for what you're trying to do (visit) is the one that you were rejected for (B2). Perhaps some others here can advise how to best prove she has strong ties to Colombia and will return; normally a spouse (and maybe children) would be points in favor of intention to stay but as they'd all be American citizens I don't know how that would go.

 

It doesn't make a lot of sense to go through immigrant visa (IR1/CR1) or immigrant-intent visa (K1) processing just to visit; they're expensive and take a very long time to process.

 

The only way to make what you want to do easy (at least from a US immigration standpoint) would be to get married and come to the US (in whichever order, on the right visa for it), live here until she got US citizenship (minimum 3 years, probably closer to 4), and then come and go as you please.

[hearsay 1]

ty - this is what I was thinking too. It seems like the best we can hope for is to reapply for the B2 and explain our circumstances to the immigration officer and hope for the best.

[OldUser 6,878]

16 minutes ago, waiting4visas said:

ty - this is what I was thinking too. It seems like the best we can hope for is to reapply for the B2 and explain our circumstances to the immigration officer and hope for the best.

Chances of it being approved are probably very low though. A lot, if not most of tourist visas are denied and her having engaged to the US citizen and denial in the past is not going to help.

 

Do you both own real estate in Colombia? Is your spouse pursuing a degree in Colombia? Did you spouse travel to foreign countries, say in EU, as a tourist? Things like that may increase chances of approval somewhat.

[hearsay 1]

that's a really good idea. Yes, we own real estate and have work contracts. I like the idea of visiting other countries as tourists. I guess the best we can do is apply and hope. 

[belinda63 3,039]

Including ties both of you have to Columbia would be helpful. Not only her having ties but also you to show neither of you have the intention of remaining in the US. Tourist visas are denied because the intending visitor can't prove they will leave the US. If you prove you, the USC, have ties such as a job, land, home in Columbia why would she want to stay in the US while you life in Columbia.

[TBoneTX 45,522]

Thread is moved from "What Visa" to the Tourist Visas forum.

[Bajinga 136]

47 minutes ago, belinda63 said:

Including ties both of you have to Columbia would be helpful. Not only her having ties but also you to show neither of you have the intention of remaining in the US. Tourist visas are denied because the intending visitor can't prove they will leave the US. If you prove you, the USC, have ties such as a job, land, home in Columbia why would she want to stay in the US while you life in Columbia.

I do not think there is a way to include ties of the spouse on the `DS-160` 
OP can try explaining at the interview, but the interview usually lasts a few seconds so you probably would not get a chance.

Edited October 28, 2022 by Bajinga

[SalishSea 17,928]

3 hours ago, waiting4visas said:

ty - this is what I was thinking too. It seems like the best we can hope for is to reapply for the B2 and explain our circumstances to the immigration officer and hope for the best.

Not your circumstances.  It's entirely based on your fiancé's ties to home.  COs don't really care why someone wants to visit.  They want to know why they'll leave when they're supposed to.

[MaxP22 186]

What ties to her home country does she have? You have not mentioned any.

[Redro 4,611]

18 hours ago, waiting4visas said:

I am a US citizen. My fiancé is a Colombia citizen. We live and work in Colombia. We have no intentions of moving to the United States as we both love living near our families here in Colombia. We simply would like to visit the United States for 1-2 weeks.

 

The issue:

 

My fiancé applied for a tourist visa 2 years ago but was denied saying she had no ties to prevent her from staying in the USA. Which is not the reality because she genuinely wants to live and work in Colombia and live near her family. 

 

K1 = This visa says we must get married and live in the USA (but again, we just want to visit)

IR1/CR1 = Even if we get married in Colombia this visa is still for the purpose of living in the USA and I would be afraid they would revoke the visa if we simply visit for 2 weeks and return to Colombia. Then they may never allow her to return to the USA. This would be the worst case scenario for us.

B2 = but the issue is that she was previously denied, the only difference is that she is now my fiancé. I'm almost certain they would review the previous denial and reject again.

 

I'm positive that there are many people in our situation. Simply wanting to visit the USA and not live there. I realize that would be the tourist visa but with a prior denial aren't the chances very low that they will deny her again? Maybe simply showing proof of our relationship, jobs, and support while in the USA would change the outcome during this visa interview? 

 

Thanks for the advice. Hopefully someone with prior experience can help answer this question for us.

What has changed since she last applied two years ago?

Are you married now or are you still dating?

Has she traveled to other countries?

Does she have a different job?

If her situation hasn't changed drastically you should prepare yourself for another denial. 

A friend of mine was denied a tourist visa several times because they were engaged to a US citizen. They eventually moved to the US but for some partners of US citizens obtaining a tourist visa just isn't possible.