Getting A Us Turist Visa For The Girlfriend

[DontMindMe]

Well I am from the states, I actually meet her just visiting Argentina for a vacation. I'm still on tourist visa here etc.

She is 22 has a full time steady job, and also is studying, she finishes in December. I know all this is important for getting the tourist visa on her own, but if i go with her and tell them she is my fiancé or something like that it should make it easier? Or will they look at it harder since it would then appear she could potentially not come back?

Saying she's your fiancée will most likely result in an immediate rejection. Going with her would hurt, not help, and I do not recommend getting engaged before she applies. Think of the process this way: Their job is to assume she is trying to get into the U.S. to overstay her tourist visa and eventually do what is called adjustment of status to become a legal permanent resident, or just live there illegally for the rest of her life. It is her job to give as much proof as possible showing she intends to return to Argentina. It is a huge plus that she's working, also good that she's studying. Apartment contracts, etc. are also good but don't worry if she doesn't have that. See if she can get a wedding invitation with her name on it, sure. Argentina is a relatively low-fraud country, so you don't have to worry as much as you would if she were from, say, Ukraine or Vietnam.

A spouse visa is NOT EASY and it is NOT FAST. Fiancé(e) visas are easier and a bit faster, but denied more often than spouse visas. My husband and I are currently going through the spouse visa process. Even if you do decide to go that route one day, make sure she gets a tourist visa before getting married (much lower chance of anyone getting one after marrying an American). Feel free to PM me at any time with questions. I also highly recommend the immigration forum http://www.visajourney.com, which has helped us immensely, to anyone who wants to research the different U.S. visas. The search feature and guides alone is a gold mine.

Good luck!

 

[Azagarth]

Thanks a lot for the help, especially since your going through the process right now it's a big help. Basically she just has to prove that she intends to come back here, which she actually has to do anyhow to finish her degree. After she finishes her degree though we will be getting married. The idea is to move to the states at that point, so on our first trip get a tourist visa, then once married she can still go or would I have to help her reapply at that point for a spouse visa?

 

[DontMindMe]

Congratulations! She should definitely NOT mention engagement or marriage at any point while applying for her tourist visa. Once married, she can still visit the states with you with the same tourist visa, but there is a change that once you get to customs they will ask to see documents proving she'll go back. (This can happen to her any time she travels to the U.S., but once married she may be under more scrutiny--but I believe plenty of people on this forum have visited the U.S. with their Argentine spouses with no problem.)

During the spouse visa application process, theoretically she can still visit the U.S. But it's a good idea to bring evidence of having sent the petition/applied for the visa and strong evidence of needing to go back to Argentina. There is no guarantee that she will be allowed in, there never is actually, but lots of people do it with no problem. Others get put on the next plane out.

But no, you cannot live in the U.S. as a married couple without the spouse visa. She must remain in Argentina during that process. Visits, as I said before, are possible but not a guarantee.

 

[PhilipDT]

I wouldn't have her mention that you guys are going to get married.

Just have her get apply for the tourist visa and answer all the questions honestly. She is going for legitamate tourism (the wedding), that's why the tourism visa exists. The US embassy in Buenos Aires rejects very few tourism visas applications here compared to other countries.

The one thing that might be a slight redflag would be the fact that she's never had a passport before, but there really isn't anything you can do about that.

 

[Girino]

If you are just a permanent resident of the US, there is no fiancé visa.
If you are a US citizen, you can apply for a fiancé visa (it should be K-1, if I am not mistaken) , upon the condition that you two must get married in the US within 90 days. Then she could make an adjustment of status and you should file a I-130 petition so that she can get a green card and become a permanent resident of the US (this way she can stay as long as she wants in the US).

For US citizens, the spouse sponsorship process (I-130) takes from 4 months to 12 months, depending on where you file your petition and you luck.

If she just want to go there for less than 90 days as a tourist, then she'd better not mention that she has a US fiancé. USCIS is not exactly the nicer immigration office you can meet. They always search for potentia illegal immigrants and heavily scrutinize anybody who applies for a visa. Tell her to prepare a solid story with good evidence of her intention to coming back after the wedding, proof such as school enrollment and attendance papers, rent contract or family liaisons, etc.

 

[dennisr]

Wow, could more drama be created in this thing thing. Reason for Tourist Visa.... "attend wedding in the USA." Produce an invitation and wait for the Tourist Visa. Got the poor girl worked up into thinking something sinister is going on and the interviewer will see right through it in a heartbeat. These people, interviewers, have an exceptional ability to see through BS. Do not make any false statements on visa application and everything will be fine. Repeat, do not make any false statements on visa application.
Good luck

 

[citygirl]

I agree but I still wouldn't mention anything about getting married, esp since there hasn't been a proposal! Definititely no lying - EVER - but that doesn't need to be talked about since it isn't in fact actually true yet (and early congrats to the OP for the upcoming proposal

And yes, it does take quite a while for fiancee/spouse visas.

Get her passport, get the wedding invitation, get all the required info showing she will be returning to Arg and the process will go smoothly.

 

[Hybrid Ambassador]

Knew a consulate visa section chief whom was stationed in Mexico city. He once told me, when a tourist visa applicant came in
he said, it had a manual that listed all needed requirement for possibly granting the visa for that individual.

1. Length of employment or assisting to a higher edu, I.E. college, Uni etc.
2. Checking/Saving amount,time since account opened.
3.Questioning purpose of visit in a thousand ways.
4.Have a guarantor in the states if run out of money etc.
5.Credit cards account(s) How much money to bring to this trip etc.
6. Passport presented scan for any antecedent, if a brand new one, always start with suspicion etc.
In end, he said, drill the applicant to see if any abnormality, such as nervousness, anxiety etc. reject rate, a whopping 90%!
In sum he said, pretty much on the interviewer hunch to determine if the applicant merit the visa.

Yes as advised many from the forumites, Always tell how much you love the ongoing study, can't wait till getting the diploma
how much you love your family and the country etc. Tell the interviewer , how excited to visit the greatest country in the world etc.
But at the end, as explained above...It is all up to the visa granting consular personnel call !

 

[ElQueso]

I have tried three times to get my wife a visa to go visit my folks in the US. DO NOT MENTION that you are married. DO NOT MENTION you plan to get married. It's not their business, it isn't lying, and until you're married it's not a fact, but the agents there will consider it a fait acompli. As to whether or not you would still get the visa - it's possible but your possibilities go way down.

It's not quite true that you can't go to the interview - it's just at an open window and not too hard to stand next to your girlfriend at the beginning of the process. They will conduct the actual interview without you there, but you can get some words in - I know personally from my wife's third attempt.

The extremely frustrating thing about US immigration policy is that they are not allowed to use their heads. Surprise, surprise.PC and all - you can't deny one person for a feeling without denying them all because then you'd actually have to deal with lawsuits for those who didn't get in after seeing that others in a similar situation can - which then means no one can in anything even remotely resembling said situation.

According to everything I've been able to find out (they are very close-mouthed, at all levels of the government related to immigrations and will not come right out and say how they discriminate between those who are acceptable and those who aren't), the person applying has to be able to get the visa on his/her own merits, without any influence from any other person. That part is pretty much public knowledge. They don't tell you not to mention marriage, that 30 is a magic cutoff point as far as age goes if other things are not in place, etc.

If you are married or engaged and do not apply for a spousal or fiancee visa, DO NOT MENTION either of those items. They will think the person is going to get into the US and never leave. It is an almost automatic three strikes. I'm not saying don't mention you aren't married if you are - that's necessary because YOU CAN'T EVER LIE to them, but don't use the fact that you're married as an advantage to get in.

My father has prostrate cancer and was given a 50/50 chance of survival. He's 77. My mother had a stroke many years ago, but it left her with some circulatory problems in her lower extremities and she can't even think about sitting on an airplane for some 9 hours. She's 76. I got letters from their doctors, letters from themselves, bank statements from my wife showing she's got a life here, payments from her bank account to a high school here for 5 years showing that we've got a family and family cares here for one of her sisters, payments for a year on another, everything you could imagine. But no property - no car, no land, no apartment or home. She's an immigrant - she's lived here almost 10 years, legally as a resident, but never got citizenship. Being married to me ( almost 7 year now - we didn't know when we first applied that this was a problem and certainly couldn't change our tune later) and being an immigrant are the two biggest strikes against her - the third being her age. 30 seems to be some kind of breaking point as well. She's been turned down every time.

Sounds like your girlfriend most likely won't have the same problems, being Argentina, family roots, plus a lot of the things my wife has. Just do one of two things - don't mention that you are thinking about marrying her if you go for a tourist visa, or go directly for a spouse or fiancee visa (which are expensive and take more time).

I despise the immigration policy of the US...

 

[Azagarth]

Ya that's the horror part I'm afraid of. She will just try getting a tourist visa on her own, and then if she is denied I think we will go for the fiancé visa and just rough it out and hope for the best. She has to come back to Argentina to finish up school, so there should be no issues and she has a job that pays well.

Thanks a ton for the help everyone, I'm glad I didn't make the mistake of going in and tell them she's my girlfriend and I'm planning to marry here at some point. I can see that would have caused a lot of issues.