B-2 Us Tourist Visa Vs K1 Visa

[b74l]

Thanks in advance for your input and thoughts....

My G/F and I have decided to marry, and she come here to the US and we live here. No question, I will be get the K1 application on my end started soon. However, before applying for the K1, we are thinking about taking a chance and applying for the B2 tourist visa, so that she might be able to spend a month or so here, for the holidays, etc.

Does anyone NOT recommend that she apply for the B2 tourist visa? I think I am well versed in the way the tourist visa approval works, and I would say she doesnt stand the best chance, but not entirely unlikely. Here is my main concern in taking the chance on the tourist visa----if she applies for tourist visa, and is denied, will that have any significant, negative impact on our applying for the K1 visa? I do not want to cause any issues for her when we come to apply for the K1 visa, and she was recently denied approval for a tourist visa. I do not know how closely the two are connected---but I would assume that the Embassy will have the data that she applied for tourist visa first.

Also, if she is denied tourist visa, would it be OK to apply shortly thereafter, like within one month, apply for the K1 visa?

On the other hand, lets say she is approved for US tourist visa--is it OK that apply soon thereafter, for the K1 visa?

Perhaps, better just to bide our time and wait for the K1 process to be completed and approved---and just forget about the tourist visa chance?

[ubonjoe]

The last line in your post is the best option.

A B2 refusal would not affect your K1 application but why bother.

[DirectorIntegrityLegal]

Dear Sir,

Although the denial of a tourist Visa will not likely affect a subsequent filing (and hopeful approval) of a K1 Fiancee Visa, I would advise against this course of action. First, I think it would be highly unlikely that the application would be approved because the interviewing officer will likely see the relationship between you and your fiancee as evidence that the presumption of intent to remain in the US is not overcome.

Also, even though there is not a direct correlation between denial of tourist visa and subsequent denial of K1 Visa, I think that any previous denial is going to cause the officers examining the case to more highly scrutinize the application. At the end of the day, this will probably not effect the outcome of the case, but it might and if you can diminish any of these risks it is to your Thai Fiancee's advantage.

Best of luck

Ben Hart

Managing Director

Integrity Legal