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ResourcesVisa & Immigration LawUS Immigration LawComparing K-1 Visas to US Tourist Visas

Comparing K-1 Visas to US Tourist Visas

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas and we are kind of comparing these to US Tourist Visas. The reason for the video, I got some correspondence from a client and they basically, I am just going to quote this: "Unfortunately one of the individuals that flew with, (they put the name here but I am redacting) that flew with my fiancée that did not use your service, did not make it through Immigration at the airport and was sent back to Thailand. Ugh!" 

Okay. I don't know why this person was not allowed to enter the United States but I can take a pretty good guess. They probably were using a Tourist Visa and they probably were using it incorrectly. Unfortunately, there are a lot of misconceptions about the way Tourist Visas work; there are a lot of misconceptions about intentions associated with US Tourist Visas. If someone is coming to the United States, and this will happen. I have done videos on how hard it is to get a US Tourist Visa but occasionally somebody will get through the US Tourist Visa process through the embassy here and they will go to the United States. Sometimes these folks really aren't doing what they are saying they are doing. I will just be candid. This isn't an infrequent occurrence and in this case, people kind of think "oh, I have got the Tourist Visa, I am done. We can just get her in here and then I will get married with her in the United States and we will file to change her status once she is over there." It is usually a female, it could be roles reversed and it could be a male, but basically we will get married over here and we will deal with it once she's here. Well that issued Tourist Visa could be a very mixed blessing because if that person is deemed to be what is called "an intending Immigrant" without proper documentation, they can have their Tourist Visa revoked and just turned around, they can be sent out. In fact if you get an Officer that really feels as though a certain level of almost misrepresentation is going on, you could see a situation where that person can be placed in what's called "expedited removal" and that is basically a deportation proceeding and if that person is in fact removed that way you are looking at a five year ban to be able to come back to the United States and that's something you really don't want to be dealing with. 

So the reason for the video is the client that sent me that correspondence, they are going in on a K-1. Their intentions are clear; they processed their K-1 Fiancé Visa correctly and when that person entered the United States, everything was in order because they were telling the truth. I don't know exactly what this other person was doing but I can surmise based on my experience that it is probably someone who had a US Tourist Visa and was using it improperly, incorrectly and they were turned around by Immigration which in my opinion after paying all the money for the flights and everything and the risk of expedited removal and banning from returning to the United States for a number of years, it is really not worth the risk. If you have intentions to marry someone, if you have a serious relationship with somebody and you are trying to use the Tourist Visa to kind of side step which right now it is not even really sidestepping anything, I mean Tourist Visa processing takes basically as long as Fiancé Visa processing so I mean it just sort of is what it is, but if you are using a Tourist Visa to side step the K-1 process it is not a good idea and it can lead to some really bad outcomes.