Is Tourist Visa Available For Foreign Fiancee?

Law Articles | January 10, 2011

Many American Citizens assume that a tourist visa would be available for their foreign fiancee to travel to the USA. This is incorrect. When the foreign fiancee appears at the US Embassy for a tourist visa interview, the counselor officer will deny the visa. The foreign fiancee will be categorized as an impending immigrant, as the officer will assume he or she will elect to stay in the USA with the American Citizen fiancee. Impending immigrants can not be issued a tourist visa.

If a counselor officer at the US Embassy mistakenly issues a tourist visa to the fiancee of an American Citizen, he or she will be turned around by the immigration officer at the port of entry upon arrival in the USA.

If it is determined at any time that a foreign citizen has made false statements to a immigration officer or in a application form to obtain a visa (tourist) they could be permanently barred from entering the USA. This is common with tourist visa applications.

American citizens would like to bring their foreign fiancee to the USA, fiancee visa is the best choice. Fiancee visa or K1 visa was created to allow American Citizens with the opportunity of foreign fiancee to spend time together in America to evaluate their relationship in order to determine (within a 90 day period) if they would like to continue their relationship into marriage. The process for Fiancee visa is complicated and lengthy. It is better to hire specialized law firms rather than you choose to handle the work yourself. The current processing time for a fiancee visa or k1 visa is 3-6 months. With K1 fiancee visa American citizens can bring their foreign fiancee to the USA. The fiancee visa allows the foreign fiancee to the USA for 90 days.

If, after having time together in America, the couple chooses to continue their relationship, they will marry and then file for the foreign spouses permanent residence status or green card allowing the foreign spouse to legally remain in the USA.

Should the couple decide not to continue their relationship

, then the foreign fiancee is required to leave the USA within the 90 day period and return to his or her home country.

Article Tags: Tourist Visa, American Citizens, Foreign Fiancee, Fiancee Visa

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ABOUT THE AUTHOR

Fiancee Visa - Brian Wright is president of USA Immigration Law Thailand, sole area of practice is fiancee visa, visit our fiancee visa to USA blog.