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Does denial of a tourist visa jeopardize subsequent K-1 application?

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  • Does denial of a tourist visa jeopardize subsequent K-1 application?

    Hello everybody:

    If it doesn't work the first time try, try again...

    I'm trying to figure out if there is any jeopardy with a future K-1 visa application if my future wife tries for a visitor visa and gets denied? She's from India, has a home there, a steady job and has older parents.

    The backup plan is for me to do the K1 USC through me.

    Thoughts?

  • #2
    Klinus: You're truly not serious, right? Your "backup plan", in case your fiancee is denied a tourist visa, is for you to apply for a fiancee visa on her behalf?

    Well, first, regardless of the visa for which she applies, your fiancee needs to disclose to the American Consulate that she is engaged to an American. Under this circumstance, she is likely to be denied...unless she can convince the Consulate that she really intends to return to India after a visit.

    The fact that she has "older parents" isn't really enough of a reason to guarantee her return, otherwise she wouldn't be contemplating marrying you and immigrating. Indeed, the most likely scenario is that in five years time, you'll be on here bemoaning the fact that America won't let your in-laws immigrate to America fast enough, and are thereby ruining your fiancee's life and separating her from her family.

    Sorry to sound cynical...but your "backup" idea - well, it got my back up!!

    Why don't you just do it the right way? And, if your fiancee has elderly parents, then take that into consideration...it's NOT America's responsibility to reunite your fiancee with her parents when they're more than elderly!!

    Comment


    • #3
      So you are asking if one fraud doesn't work, can you try again? Sure, this is America, isn't it !?

      Comment


      • #4
        Omg..I am happy you are moving on Klinus, but wow this is a bit too fast isn't it?

        Have you even met your fiancee?

        I am saying this out of caring, please don't get yourself into a commitment so quickly, and especially with another foreign spouse.
        Surely from your own experience you know what can go wrong.
        Are you divorced yet?

        You don't want to come back here and tell us that your new wife has filed VAWA or that she married you for fraud, do you.

        I wish you the best Klinus, but I sure hope this is not just a rebound.
        -----------------------------------------------------------------------------------------------
        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

        National Domestic Violence Hotline:
        1.800.799.SAFE (7233) 1.800.787.

        Comment


        • #5
          Originally posted by klinus:
          Hello everybody:

          If it doesn't work the first time try, try again...

          I'm trying to figure out if there is any jeopardy with a future K-1 visa application if my future wife tries for a visitor visa and gets denied? She's from India, has a home there, a steady job and has older parents.

          The backup plan is for me to do the K1 USC through me.

          Thoughts?
          So you basically want some tips on breaking the law. You F***** filthy converted to USC, pack your bags and go to the slums of Bombay cuz that is where you belong.
          I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

          You may not like what I have to say but that does not mean I am wrong.

          Comment


          • #6
            [QUOTE]Originally posted by klinus:
            Hello everybody:

            If it doesn't work the first time try, try again...

            I'm trying to figure out if there is any jeopardy with a fu
            I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

            You may not like what I have to say but that does not mean I am wrong.

            Comment


            • #7
              Originally posted by Sprint_girl07:
              Omg..I am happy you are moving on Klinus, but wow this is a bit too fast isn't it?

              Have you even met your fiancee?

              I am saying this out of caring, please don't get yourself into a commitment so quickly, and especially with another foreign spouse.
              Surely from your own experience you know what can go wrong.
              Are you divorced yet?

              You don't want to come back here and tell us that your new wife has filed VAWA or that she married you for fraud, do you.

              I wish you the best Klinus, but I sure hope this is not just a rebound.
              Hi Sprint_girl07:

              Thanks for your note.

              The divorce is final , the custody decision will be made pending a final court hearing early July (the decision has to be rubber stamped by the court) and I have sole legal and primary custody of my son .

              I want to be realistic about the past experience. The marriage was a sham – in her own words (recorded in a court document, no less), I was the s***m donor with the ticket to entry to the US. I don't know if she filed for VAWA or whatever, the bottom line is that I have the legal authority to have my son's autism treated and she no longer has enough time to do any further damage to him. She is currently in a transitional house thru the rest of this year; my personal bet is now that her plans have spectacularly exploded, she is likely to tuck her tail between her legs and head back to the frozen Northern Plains.

              In response to your questions about the speed and the rebound, I will argue that there really was nothing other than a parasitic relationship and so speed is irrelevant, given the travesty, and the operating word is not rebound but FREEDOM!
              http://www.youtube.com/watch?v=pWKzl...eature=related

              Yes we have met; yes she would be a "foreign" wife (I just have a weakness for Indian women and there are 100,000 times more of them that are "foreign" than "domestic"). Since the last time around the "gotcha" was a child that won't happen again' besides I am not sure that my ex gained anything from the whole sordid experience.

              While we have met the other's child(hers and mine) have not interacted with either or us or with each other and I am not going to risk exposing an autistic child to the wrong person, Therein lies the rub; I am not going to make her my fiancée unless my boy accepts her. and I would rather have the acceptance done on his turf. That is the objective, not the intent to break the laws (for those carping crows out there, if I want her here she will get here albeit in sub-optimal conditions and timing. And for the Kluckers out there, both my sister and mother walked away from their green cards since the yearly ritual trip here was too much for them. And, by the way, my mother made that decision likely before sudden rush of blood that created you)

              Comment


              • #8
                Hi Klinus,

                Welcome back, didn't see you for a long time ( I remember your long thread before when I was still new here at ILW). I'm happy for you that you have moved on and that you have not become a bitter man despite your experience.

                Good luck to both of you as well as your son.
                Do all the good you can, in all the ways you can, as long as ever you can.

                --John Wesley

                Comment


                • #9
                  Please see http://discuss.ilw.com/eve/forums/a/...9410960541/p/4 regarding violation of board rules.

                  Comment


                  • #10
                    Originally posted by klinus:
                    Hello everybody:

                    If it doesn't work the first time try, try again...

                    I'm trying to figure out if there is any jeopardy with a future K-1 visa application if my future wife tries for a visitor visa and gets denied? She's from India, has a home there, a steady job and has older parents.

                    The backup plan is for me to do the K1 USC through me.

                    Thoughts?
                    Here is a suggestion, why don't you go to her country for six months and try it out. I am assuming the divorce proceedings have been concluded and you are now a free man.

                    If divorce proceedings have not been concluded, then neither option is valid at this point in time.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      Originally posted by davdah:
                      Not a good idea. The test drive should be done where they ultimately will live, here.

                      Congrats Klinus. Hope this one works out for you. This is indeed rare. The dad actually getting primary custody. I guess the mom really was a piece of work after all.
                      Davdah,
                      In order for the K1 visa to work, they actually have to meet before he applies. Furthermore, she may not qualify for the B1 bisa because she is involved in a romantic relationshiip. If she is asks and then lies, that can jeapordize her immigration status in case they marriage does not work out.

                      Wheether they live in the US or in her home country does not really matter. What matters is that they live as a couple. To do so, and to ensure that this is not some rebound affair, living in her country for a short period of time would definitely be benefciial to him and her. Otherwise, I it will eventually becomee something much more different.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        Originally posted by whiteUSCNeedsHelp:
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:
                        Hello everybody:

                        If it doesn't work the first time try, try again...

                        I'm trying to figure out if there is any jeopardy with a future K-1 visa application if my future wife tries for a visitor visa and gets denied? She's from India, has a home there, a steady job and has older parents.

                        The backup plan is for me to do the K1 USC through me.

                        Thoughts?
                        So you basically want some tips on breaking the law. You F***** filthy converted to USC, pack your bags and go to the slums of Bombay cuz that is where you belong. </div></BLOCKQUOTE>

                        WOW that is quite an attack!!
                        Thanks & Best Wishes

                        Dave W

                        "The very existence of flame-throwers proves that some time, somewhere, someone said to themselves, You know, I want to set those people over there on fire, but I'm just not close enough to get the job done". -George

                        Comment


                        • #13
                          Originally posted by davdah:
                          Well, according to Klinus they have met.

                          What good would it do for him to go there? Its not like he isn't familiar with the culture. You make it sound like dooms day if he doesn't go there to live with her. Maybe her parents would object to her shacking up. I think he's on the right track. Bring her here and see how it goes.
                          It is not a question of whether he is familiar with the culture or not, it is a question of whether the two are compatible living together. He has doubts, hence why he wants her to come as a "visitor" with her children, the first place and uses the "K1" as a backup plan. Second, it would be therapeutics for him and the child. It will show to the son, and to her, that there is no bitterness nor amonisity in the past relationship. Remember, only having 90 days for an immigrant to decide yes or no, with the other spouse holding all the financial strings, so to speak, is a bit much, especially for the second time around. He also said she has children as well. Six months is plenty time for the facades to wear off where neither one is putting their best foot, figuratively speaking, in a new relationship. Finally, it would help him learn more about himself. Again, it would go a long way.
                          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                          Comment

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