If my girlfriend is denied a tourist visa to the US, would that prejudice her obtaining a fiance visa?

Question

My girlfriend is from Colombia. I'd like to bring her to live with me in The States, but at the time, I'm not prepared to marry her so I'd like her to get a tourist visa and come to spend some time with me. A few weeks...within the limits of a tourist visa. Later on, when I'll be completely single and if the relationship continues to be well, I'd consider marrige and go that route. I'm concerned though that after being denied (if that were the case) a tourist visa, that there would be some negative impact, in some way, on a fiancee visa.

Answer 1

A fiance visa and a tourist visa have nothing to do with one another - while the government will know that she was denied, it will have little impact on a fiance visa application unless she lies or covers up her relationship with you during the tourist visa application.

If she tells the truth (that she wants to visit you), and is denied, then that makes a later fiance visa application even stronger, because it makes sense in a normal relationship that you would like her to come visit you, and the fact that she was upfront about it would make her story of your relationship more believable.

Answer 2

It depends on why the tourist visa was denied. If it is something in her record e.g. criminal activity, fraud in the application etc, then that can affect her permanently.

The thing with the K-3 (fiance) visa is that it is for a limited time only. I think only 6-months, in which case, the marriage must take place or the visa is nullified. I am not sure how difficult it is to change status from a tourist visa to a K-3 since tourist visas are non-immigrant and are therefore single intent visas. She may be required to exit the U.S. and re-enter under the new K-3 status. A K-3 visa is a dual intent visa which means that the person has declared an intent to permanently immigrate to the U.S.

There are a couple of good immigration boards like www.murthy.com you should check out and get better info than you would on this board. Good luck!

Answer 3

The short answer to your question is that a denied tourist visa will have to be declared when you petition for the fiancee visa. Do you have any concerns that a tourist visa will be denied? If so, you need to look at the likely reason for any denial and ask yourself if this relationship is worth it.

If, on the other hand, she is granted a tourist visa, what you suggest is workable, but hard. That is how my wife and I did it. I immigrated from the UK five years ago and we found it hard to maintain a long-distance relationship. We each crossed the Atlantic several times in the course of a year before I came to the US for good. Do I detect that you are awaiting a divorce? If so, you must be divorced before you can petition for a fiancee visa. The process is quick if the immigrant is coming from the UK, but I don't know how it is from Columbia. Please trust me when say this - GET AN ATTORNEY! An immigration attorney is worth their weight in gold. I've been through the system and wouldn't have done it any other way.

You seem to be approaching this the right way. I think you recognize the need for your girlfriend not to exceed her tourist visa at any point. Not only do you both need to be sure that your relationship is heading in the right direction, but she needs to be sure she wants to live in the USA. it may seem a small thing but, trust me, it isn't.

If you haven't found the link below yet, take a look and familiarize yourself with what a finacee visa would involve.

Good luck with whatever you decide to do.

Answer 4

I thinks Mendi8 raised a good point: it depends on why her visa was denied. If it was because of criminal or priors, then it might have a greater impact then if, say, it was only because she didn't fit the tourist profile or fit the illegal overstay profile to well. If she does not hold a steady job, have strong ties to her country (real estate or is a college student) or even parents with a strong income (if she still lives with them) that may hurt her for the tourist visa but shouldn't make much of a difference for the fiancee visa.

Skip also gave some good advice.

Answer 5

You are not commiting fraud. You are trying to visit with this girl, then if your relationship goes well, choose to marry her, there is nothing illegal about that. Unfortunately I dont think anyone on YA can tell you, if she is denied, would that prejudice the US govt for getting her a fiance visa...since it depends greatly on WHY she is denied, and who is reviewing the info. I wish you luck, and hope that the relationship goes as you planned. You may want to discuss this with a practiced immigration lawyer, the consultation is usually free. They may know from experience with other clients.

Answer 6

It would depend on the reason for the denial of the tourist visa. But I would be careful if I were you as you are talking about committing fraud. You have just referred to her as your fiance but then said you're not prepared to marry her. If you bring her over on a fiance visa, you will need to be prepared to marry her within a certain time or she can be deported.

Answer 7

If you committ fraud like this get use to the prison bars. She will be deported and you will go to jail. Tourist visas are usually denied due to a lack of family ties in a person's home country, or a lack of money i.e., a reason to go back.

Answer 8

Tourists usually don't have someone form the home country paying all of their expenses like that. That is something that is usually done when you intend to immigrate.

Answer 9

You're trying to cheat the system by getting a Visa for her when you have no plans to marry her, telling the government that you will? Sorry Buddy, I'm not going to help you abuse her, and America. I'm not going to tell you how to break an American law!