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ResourcesVisa & Immigration LawUS Immigration LawDeciding Between A US Tourist Visa And A K-1 Fiancée Visa

Deciding Between A US Tourist Visa And A K-1 Fiancée Visa

Transcript of the above video:

As the title of this video suggests, we are discussing US Tourist Visas. We are discussing them in the context of K-1 Fiancée visas. The question posed is “how do I decide which one to apply for?” 

Well it is going to be very circumstantially dependent. I know I sound like a broken record; I don't mean to be intentionally vague but they are two very different visas and they have two very different underlying intentions associated with them, most notably, notwithstanding the fact that the K-1 Fiancée Visa is in fact a Non-immigrant Visa it is not in and of itself an Immigrant Visa, it only allows 90 days of lawful status upon arrival in the United States. It does have Immigrant intent and it is treated as if it were an Immigrant Visa. It is a so-called dual intent Visa where we see that the Visa has the ability where one can have the intention both Non-Immigrant and Immigrant sort of simultaneously. The nature of the Fiancée Visa, it makes sense. You are bringing that person over: you are not yet married; there is theoretically the possibility that it may or may not happen. If it doesn't happen, you have got to go ahead and deal with consequences of that. But long story short, as long as that person leaves within the 90 days it is sort of no harm no foul. 

That said, the Fiancée Visa has Immigrant intent; you have got to have bona fide Immigrant intentions. Meanwhile the Tourist Visa does not require that. It is a Non-Immigrant in the true sense of the word, it is for tourism only, as the title implies. Now that said, as we have discussed in many other videos on this channel section 214b of the Immigration and Nationality Act creates a situation wherein denial of Tourist Visas is rather common. For this reason, we will often see folks that are denied a Tourist Visa, maybe their relationship progresses whatever they may ultimately opt for a Fiancée Visa down the road. The question posed though is "how do you decide?" Again, it depends on your specific scenario, your specific set of circumstances. Honestly for questions like these, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.