Transcript of the above video:

As the title of this video suggests, we are discussing the K-3, CR-1, IR-1 Visa and we are discussing a subsequent application for a US Tourist Visa often referred to as a B1/B2 Visa. The reason for this video, especially right now, the backlog of Immigration cases is rather more than it usually is. The overall process is not moving as smoothly as we would otherwise like notwithstanding our efforts. We try to make things move along but it is just not a great situation right now. 

So setting that aside, a lot of people have asked me "Well what if I go ahead and apply for a Tourist Visa so we can at least unite in the United States while we are waiting for our Immigrant Spouse Visa or K-3?" For the purposes of this video, K-3 might as well be treated as an Immigrant Visa because the K-3 itself has a dual intent element but more importantly, the underlying Immigrant Visa associated with a K-3 demonstrates immigrant intent very clearly. The reason Immigrant intent is such an issue here is because there are conflicting intentions associated with a Tourist Visa as opposed to an Immigrant or Non-immigrant Spouse Visa in the form of a K-3. Those intentions being Immigrant Visas are for immigrants, people that are intending to live in the United States. A Tourist Visa is a Non-immigrant Visa. That person has to demonstrate non-immigrant intent in order to apply for that and they have to be adjudicated by the Consular Officer as having non-immigrant intent pursuant to what is called section 214(b) of the Immigration and Nationality Act. Under that Act, that Officer needs to make a determination that that applicant demonstrates sufficiently strong ties to their home country or another country outside the United States and sufficiently and this key, weak ties to the United States. This also occurs under the rubric of what is called the Doctrine of Consular Absolutism where these Consular Officers’ fact finding is not really subject to review. So the fact finding they make in these cases in a Tourist Visa is not subject to any type of appellate review or anything.

The reason I bring this up is, again if you have got an already pending Immigrant Spouse Visa case or a K-3 as well, supplemental, that is really it odds with the intentions you need to have for a Tourist Visa. Now there may be a set of facts where it may work; that is probably why it is a good idea to contact a legal professional if you are looking at this kind of scenario because maybe there is a situation where a Tourist Visa application might work out. Mostly the reason for this video is to try to forestall people from throwing away good money because they are going after something that they may not be able to get. Again, if the facts of your situation are such that it may warrant a Tourist Visa, it may be possible to get one notwithstanding an Immigrant Spouse Visa but understand that the intentions associated with those two type of visas are very much at odds.