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TOURISTS VISA AS AN ALTERNATIVE TO K-1 VISA

Tourist visas are not an alternative to Fiancee visas. The both are non-immigrant visas, but serve different purposes. Individuals who obtain tourist visas and enter the U.S. on tourist visas must have non-immigrant intent and intend to depart the U.S. after their visit. Individuals who obtain fiancee visas and enter the U.S. on fiancee visas have immigrant intent and intend to get married within 90 days of entry and live in the United States.

Before deciding whether or not your Fiancee would like to live in the U.S., it’s logical that she would want to first visit the United States. However, your Fiancee’s tourist visa application will likely be denied if she told the embassy that the purpose of applying for the tourist visa is to decide whether or not she will like living in the U.S and/or to visit you. It is important that if yourFiancee does attempt to apply for a tourist visa, that she does not misrepresent her purpose and does not mispresent any other material facts. When applying for a Fiancee visa, the embassy will review prior visa applications and determine whether there was any prior fraud or material misrepresentation. If there was prior fraud or material misrepresentation, the embassy will deny the Fiancee visa.

Even for individuals who do not have an American boyfriend or fiance and simply want to visit the U.S. for tourism, they must meet a high threshold. The embassy assumes that all tourist visa applicants have immigrant intent and the applicant must convince the embassy that they have non-immigrant intent. Applicants must demonstrate that they have strong ties to their home country (have compelling reasons to return home after the visit) and their intended visit is specific and temporary.

Helpful Information:

To Contact U.S Embassies and Consulates abroad
Consular Affairs
Visa Services (for Foreigners Traveling to U.S.)
Visitor Visas for Business and Pleasure
Visa Services - Destination USA (Overview)
Visa Waiver Program
Visa Application Forms
Nonimmigrant Visa Photo Requirements
Visa Services Fees

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Laurie Wu, Attorney
(602) 559-1197
laurie@lywlaw.com

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