girlfriend visa

Girlfriend Visa

Girlfriend Visa US

Girlfriend, boyfriend or same-sex relationships each relationship involves two people that have feelings toward one another. But if you’re in a long-distance relationship that started online, how simple or difficult is it to bring your partner to the US?

When I hear someone asking for a girlfriend visa the visa that comes to mind is B1/B2 visa also called a tourist or visitor visa to the US. But if she is more than just a girlfriend-boyfriend relationship then perhaps he or she is your fiancee?

In this post, we are going to cover the girlfriend visa possibilities and how you can determine if this is really what you want? I’ve addressed all of the most common questions couples have below.

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A girlfriend visa, boyfriend visa or same-sex visa what options do we have?

For a girlfriend or boyfriend visa, even same-sex visa the only option and it’s not the best would be to try and get a tourist visa also known as a B1/B2 visa offered by the US.

Normally the US government does not give out tourist visa if they suspect or have reason to believe that the reason is to come to the US for a boyfriend or girlfriend? Same-sex would be included and often times the denial rates are nearly 95%.

They are very strict and would prefer the couple to either apply for a K1 Fiancee visa or get married and apply for one of the spouse visas.

If your girlfriend lives in a country that is a western nation and does not require you to have a tourist visa instead you only need a passport then the relationship could be a lot easier to deal with as far as visiting each other?

But if your girlfriend lives in a third world country or developing country such as the Philippines, then applying for a tourist visa to the United States is not a good option at all with less than a 5% approval chance interviewers are very suspicious that the applicant would return back to their country when it is time?

The chances are even less once they discover you have a boyfriend that you want to visit and he is the one paying for everything? Since 2003 each year I hear of numerous accounts where couples have tried this and not a-one of them has been approved?

The embassy interviewers will always tell them that you have to file for a K1 Visa or get married and file for a spouse visa.

What are my options to get my girlfriend visa?

My LDR girlfriend wants to get engaged.

This one has much to consider before a concrete answer can be applied?

Being in a long-distance relationship is tough and requires more than just chatting live every day but it requires some real face to face contact as in standing on the same soil together and breathing the same air.

For many this is not a simple task as the constraints of employment, paying bills getting vacation time and having enough money to travel such great distance may not be all easy for some?

The most important thing in developing an LDR is getting to know one another and eventually meeting in person face to face.

In my many years of guiding and consulting with so many couples, I have learned that the distance between each other is painful. Men and women alike go through unwanted pain at times and it gets worse after the couple has met in person already?

Before a couple decides to get engaged, check the list of qualifications below:

  • Are you both free to marry?
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  • Do you both have many of the same interests and goals in life?
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  • Are you both on the same page about raising a family?
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  • Does at least one of you have a steady income?
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  • Have you both physically met in person?
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  • Have either one of you ever noticed any red flags in your relationship?
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    -Below are examples of a red flag-
    . “Always late for chat appointments”
    . “Doesn’t explain unaccounted time very well”
    . “Why their phone is turned off a lot”
    . “Is one of you hiding a friends list on facebook”
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  • If the couple has reached a level of trust and met in person already and they spend many hours a day and week communicating with each other, then it is reasonable for the girlfriend or boyfriend to want to become engaged.

Sometimes a woman or man who has reached several months or even years in developing the relationship wants to have some advancement and getting engaged seems to always be the first thing to come to mind?

Sometimes couples get caught in the LDR swirl as I describe it, spinning and spinning aimlessly never knowing if the swirl is going to ever end? At some point, a relationship can almost seem hopeless like nothing is ever going to change?

Becoming engaged is just another step upward in having any hope!

Often times if the girlfriend wants to get engaged it means she is bored or feels hopeless and if something in the relationship doesn’t change soon then she may go looking for somebody else that seems to be more serious and ready to advance towards a marriage?

Many couples found that the unmarried partner visa is the quickest.

The Unmarried Partner Visa (also known as the UK defacto visa) allows the unmarried partner to enter or remain in the UK on the basis that they are in a relationship with a person who is present and ‘settled in the UK’.

‘Settled in the UK’ means that you are ordinarily resident in the UK with no immigration restrictions on the length of your stay.

The Unmarried Partner visa applies to both heterosexual and same-sex relationships provided that you can prove that your relationship is subsisting and has been in existence for two or more years.

If you have a fiance/fiancee from the UK this could be an option for you both if you do not choose to live in the United States?

What is engagement visa?

The Engagement visa is where two people that are obviously not living in the same country become engaged and want to get married but preferably in a more choice country?

If you come from a 3rd world country and have been born into poverty, you would seek a life outside your country by searching for a prince charming to rescue you.

Some couples are both born in western nations or at least come from developed nations that are well off. One of you would make a decision to move to the other one’s country to build a life together.

In many cases, other countries do not have a fiancee visa program and therefor the couple is reluctant to choose the US which does have the K1 Fiancee Visa program also known as an ENGAGEMENT VISA.

What is a fiance visa?

A fiance visa falls under the (K) category which means Family of US Citizen K1/K2 – K3/K4
The letter (K) does not have any significant meaning.

Definition of Fiance/Fiancee: These spellings are not interchangeable and refer to two different genders, making it important to recognize the distinction between the two. A Fiancé is a man engaged to be married. A Fiancée is a woman engaged to be married.

Therefore the visa type FIANCE or FIANCEE refers to a man or woman engaged to marry. In the case of a Long-Distance Relationship as in living in two different countries, the one would need to get a K1 FIANCE or K1 FIANCEE VISA to come to the United States to marry.

Do you have to be engaged to apply for a fiance visa?

The answer to this question is kind of a yes and no answer!

If you go to the US Embassy interview as a result of an approved I-129F petition for Alien Fiancee then they are treating the interview as an engaged couple. The way they ask the questions and want to see proof of a genuine sincere relationship indicates yes you must be engaged.

But if you look at it from the US Customs and Border Patrol side or USCIS it would appear that you do not really need to be engaged? They allow the couple 90-days to make a decision if they want to marry or not?

If not, then the alien fiancee has to return to their own country.

Engagement is helpful

The K1 fiancee visa also known as the 90-day visa is almost treated like a tourist visa with one significant difference? It has a US sponsor attached to it.

So in a way the K1 Fiancee visa can be used as a 90-day tourist visa or a fiancee visa that allows you to legally marry in the US.

So based on the two differences with the K1 visa it would appear to be more of a tourist visa which some people have used it just for that purpose which means that there must have been some fraudulent intent at the interview?

Because interviewers want the applicant to demonstrate that the relationship is indeed serious? They like to see engagement pictures, rings, wedding plans, plenty of solid convincing proof of an ongoing relationship through documentation.

They also like to ask the K1 applicant questions to here them verbally speak about the relationship to try to catch them in a lie or to see if that person really has in-depth knowledge of the US sponsor?

But here is my answers based on one keynote?
My answer is yes you should be engaged if you file the I-129F.

Fraudulent intent at the interview! If you have to lie create false documentation, or pretend to love each other in pictures and in personal questioning then it can be done, but if you get caught then fraudulent intent is a serious charge.

What is faster fiance or marriage visa?

Make no mistake about it? The K1 fiancee visa process has always been faster than trying to get a spouse visa. The reason is the K1 Visa process is handled from a totally different service center and is not overly bogged down with applicants.

The service centers that handle family type visas such as immediate relative visas for spouses, children, parents outnumber the K1 visas by many thousands each year causes them to almost always be bogged down.

Strict new vetting requirements have been implemented which has caused additional months of waiting. Also, there are certain countries that have higher security risks and must undergo deeper vetting. These rules do apply to the K1 fiancee applicants also.

Each country is different but let me share an example of an American getting married in the Philippines, which not only makes the process unpleasant but it also will add even more waiting time to the process.

In order for an American or any other foreigner to get married in the Philippines, they must first schedule an appointment online for them to come to the US Embassy in Manila to get a certificate in lieu to contract marriage.

Next, the couple both have to go to PSA – Philippines Statistic Authority and order one for him one for her a CENOMAR also known as a Certificate of no Marriage. If you both ever had other legal names then you have to get one in your other names also.

Next, the couple has to go to the local Municipality and fill out a marriage license then pay the fee and wait exactly 10 working days. The reason to wait 10 days is to give anyone a chance to oppose the marriage?

While waiting for those 10 days to go by the couple is required to attend a scheduled marriage and family counseling seminar which lasts for 8 hours. Once complete you are given a certificate of attendance.

After 10 working days have passed, the couple will now go back to the municipality to get their marriage certificate and show their certificate they got from the seminar. From this point on the couple can get married anytime.

Once the marriage has taken place and the signatures of the couple are officially on the marriage license to be processed there will be an approximate two month period for PSA to authenticate the marriage certificate.

Once the marriage certificate has been authenticated and released the spouse can send an original copy to the US sponsor where it will then be used as proof while filing the application I-130 for a spouse visa.

  • K1 Fiancee Visa generally ranges from 6 to 8 months of processing time.
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  • CR1/IR1 or K3 spouse visa types range on average from 12 to 15 months processing time.

How to sponsor a girlfriend to USA?

The United States Citizenship and Immigration Services does not have a visa type that allows the US citizen to sponsor a girlfriend or boyfriend to the US.

When you say “sponsor” it means that your girlfriend or boyfriend has the help of the US citizen who would be the sponsor in charge and the only visa type that is available for this kind of relationship would either be if you get married in the other persons country,

Then go back to the US and file for a spouse visa, or the couple becomes engaged and the US citizen files for a K1 fiancee visa that allows their alien fiancee to come to the United States and get married within the first 90 days.

But what about a B1/B2 Tourist visa?

The B1/B2 Tourist visa sometimes also called the visitor visa does not have sponsor requirements and can oftentimes be very difficult to obtain for a number of reasons?

Getting a tourist visa to the US requires that the person applying for it do everything under their own horsepower. Denials of this visa are high and if you apply for one remember these denial reasons mentioned below.

  • Interviewers will deny you if they found out you are getting financial help from a US boy/girlfriend.
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  • Just the fact that you want to visit a US boy/girlfriend is enough to get you denied. Interviewers do not like it and will tell you to use either a K1 fiancee visa or get married to apply for a spouse visa.
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  • If you are a citizen of a third world country or a country that may not be a close ally to the US then you stand less than 5% at getting approved a tourist visa. and it may be much easier for the US citizen to come to you for a visit?
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  • If you are a citizen of a greater western nation example Canada, Great Britain, Australia then the need for a tourist visa is not required. Simply arriving with your passport and a round-trip itinerary should be enough.
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  • If you are living in a country like the Philippines that is still considered a developing nation, the risks of an interviewer approving your tourist visa are much higher. Interviewers have to be vigilant to check every single detail of the applicant.
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    Their job is to found out exactly why you want to travel to the United States? Who is their? They want to know where did you get money to afford traveling? Do you have employment or are you self-employed? Do you own a house or land?
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    Do you have a substantial amount in a savings account? They want to see records to prove how you got money and records that lead to paying taxes. The interviewer’s job is to make sure that you have plenty of reason to come back to your country when it’s time?

Whats is a wedding visa?

I have heard it called other things for example;

  • Spouse visa
  • Marriage visa
  • Immediate family visa
  • Wedding visa

Any of the above refers to a visa that a qualified US citizen can apply for on behalf of a husband or wife. Let’s say the boyfriend-girlfriend relationship blossomed at some point and the two decided they wanted to take their relationship to new heights?

So they got married in the country of the boy/girlfriend that is outside of the US. This sort of thing takes place all the time and when it does the couple will make a decision on where they will live and raise a family?

Sometimes the US citizen will live in the country of the spouse making him or her an ex-patriot to the US. The couple may live together as husband and wife for months even years and then one day they start rethinking their situation and decide maybe life in the US would be better?

Or maybe the couple just got married in the other country and the US citizen finally left because they had a job to get back to, bills to pay and so the couple will plan to petition the new spouse to the USA. This is most common to go this route.

How to know which visa type applies to the couple?

  • Newly wedded couples married less than two years would apply for either a CR1 or K3 Visa. Both are visas that a spouse can use to immigrate to the United States on.
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  • For couples who have been married for two years or longer, you would have to file for the IR1 visa. Also known as an immediate relative visa.

The processing time of CR1/IR1 or K3 visa can take on average 12 to 15 months for processing.

Fiance visa denied

For couples who are thinking about filing for a K1 Fiance visa or maybe you’re a couple who already has a pending I-129F petition for alien fiance, or you’re getting ready for the K1 visa interview?

Why do so many K1 Couples get rejection notices in the mail why do so many get RFE’s Request for evidence in the mail or at their interview get a 221(g) notice and last why do so many couples get DENIED at the interview?

Rejection reasons:
The least of worries would be if you got a “Rejection”

Rejection of your I-129F is nothing that any petitioner wants to get, but if you get one it isn’t the end of the world here’s why?

Though it causes you some inconvenience and setbacks at least its something that can be fixed, so for example:

  • Application wasn’t filled out completely
  • Missing signatures
  • Incorrect filing fee

RFE – Request for evidence:
What happens if you forgot to include an item that was required? Or what happens if your 100% sure you put a certain item but USCIS misplaced or lost it? They will blame you and say you forgot it and still send you in the mail an RFE – Request for evidence.

RFE’s have been more frequent through 2019 than any other year that I remember? As long as your I-129F petition was filled out correctly, signatures are in place and the filing fee was correct USCIS won’t reject you they’ll just send you an RFE.

Here are the most common RFE’s we hear about as part of the I-129F Application:

  • Passport style 2×2 photos of sponsor or beneficiary missing or wrong specifications?
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  • The sponsor failed to provide proof of US citizenship. Birth certificate, US passport biographic page or if applicable naturalization certificate, US citizenship certificate.
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  • If applicable sponsor or beneficiary either did not include certified copies of divorce decrees, annulment certificate, death certificate or else they gave unacceptable copies?
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  • Missing or unacceptable proof of meeting, things like couples photos, passport visa pages with arrival/departure stamps, adequate travel receipts such boarding passes, trip itinerary.
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  • Couples letter of acknowledgment to marry within 90-days of the alien fiancees US arrival.
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  • The applicant didn’t disclose crimes. Mainly for crimes that fall under IMBRA certified police and court records. Only if applicable to the sponsor and beneficiary.
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  • Marriage broker disclosure as required by IMBRA and proof that the site you found each other on wasn’t an IMB site? Even if you used a 100% free method of finding each other including a mutual friend or met while on vacation.

Here are the most common RFE’s also known as a 221(g) we hear about as part of the US Embassy interview:

  • The sponsor forgot the I-134 Affidavit of Support or some forgot to sign it.
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  • The sponsor either forgot to provide supporting financial documents like W-2’s, tax records, checking account statements, records of assets, or they provided the wrong information.
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  • The beneficiary forgot to get a civil status record or provided an outdated one.
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  • The beneficiary is missing a required police record.
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  • The beneficiary is missing a required DS-160 Confirmation page.
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  • Insufficient records to prove the couples have a genuine sincere relationship. Emails, Postal mail, phone bills, chat logs.

The above mentioned are some of the most common, however, there are many reasons an embassy interviewer could send your alien fiancee home with a 221(g)? At least you still have a chance to get approved provided you submit what they want within 60 days or less.

What can be worse than a rejected I-129F or an RFE? “A DENIAL”

If your alien fiancee was denied at the embassy interview meaning they failed 100%!
What if anything can be done? In many cases, the interviewer doesn’t even elaborate on why they denied your fiancee and often times the denial was over something unbelievably insane!

Let’s go over some common denial reasons and then what to do to pick up the pieces?

  • Interviewer asked how we found each other? Answer – on filipinacupid.com (denied right on the spot) Reason??? Couple did not disclose information in their I-129F about the IMB site.
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  • Interviewer asked a few questions about the US fiance? Answers – I think he, or maybe, or I’m not sure (denied right on the spot) Reason??? Alien fiance cannot answer the questions clearly and seems unsure about the basic information of the sponsor.
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  • Interviewer asked to see the couples supporting documents to prove they have a genuine and sincere relationship. The alien fiance only had a few pieces of papers in her folder and said I’m sorry sir we only chat every day on Skype (denied right on the spot).
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  • Interviewer asked if the sponsor had any criminal convictions? Answer – no none at all. (denied right on the spot) The sponsor did not disclose all information about his criminal past to his alien fiancee.
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  • Interviewer asked the alien fiancee if they ever worked or lived overseas before? Answer – no never. (denied right on the spot for lying) The interviewer already had a record of the alien fiancee working in another country for a period of 6 months but instead of telling the truth she lied and was denied on the spot.

Ok so the above denial reasons are only a few common ones we have heard about? There are numerous reasons to get denied at the embassy interview but the question is where do we go from here?

There are 4 choices the couple can decide on if they been denied?

1- Appeal the interviewer’s decision to deny you by filing a form I-290B, Notice of Appeal or Motion. You have 33 days to file your appeal and there is a non-refundable $630. fee. You do not get your fee back no matter which way this appeal goes?

2- The couple can start all over again, except be sure to rebuild and correct all of the mistakes that you made on the first try. Before doing the next round you need to be sure that you are not violating any IMBRA multiple filer requirements?

3- Another route some couples have gone is to get married in the alien fiancees country and then for the US sponsor to file either a CR1 spouse visa or K3 spouse visa. Interviewers tend to lean more favorably toward couples who are married as it can remove any doubt if the relationship is serious or not?

Now if the denial was brought on by some legal issues that the interviewer would have recorded in the couple’s permanent record like lying or some failure to disclose criminal records that fall under IMBRA then things are going to get a whole lot tougher and litigation might be your last hope?

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