All visas for entry to the U.S. have specific and defined purpose for their issuance. It is crucial to know that one’s intent to obtain a visa must be consistent with the purpose for which it is being sought.
Simply put, if you apply for a tourist or visitor’s visa, the intent must be to visit the U.S. and see places, family and friends. When appearing before a consular officer at a U.S. embassy for a visa interview, telling the truth matters. If one’s intent is to come to the United States to marry a U.S. citizen fiancé/e or to study or work, then it should be a K-1, an F-1 or an H-1 application and no other.
Cristina had been coming to the United States for the past seven years on a multiple-entry visitor’s visa. She had been employed as one of the managers at a multinational corporation in her home country and would spend her annual 30- day leave in the U.S. with her friends and relatives in Oregon.
In one of her visits, she met Kirk, a U.S. citizen working as an information technology expert in a big company. They fell in love, and Kirk would take vacations to see Cristina in her home country. Then he finally proposed. They planned on a U.S. wedding because Cristina would eventually reside with him anyway.
They decided that her next trip to the U.S. would be the final one, and she had to say her goodbye and resign from work. It was a joyful moment for Cristina. She could not contain her enthusiasm. She had felt at home in the United States after years of visiting. It took only three months to wind down her affairs.
Using part of her separation pay/retirement money, she immediately bought a one-way ticket to the U.S. and hopped on a plane. Knowing that she would need a birth certificate to marry Kirk, school and work records to start working in the U.S. she packed these documents in her suitcase.
At the U.S. port of entry, she was randomly selected for inspection. During the search of the luggage, immigration personnel came upon the letter of resignation from her previous job. Clueless as to why she was brought to the interrogation room for questioning, she excitedly shared the good news of the wedding plans and the desire to start a family.
So close to fulfilling her dream, but she was refused entry into the U.S. and sent back home. The reason: Lying about her intent to come to the U.S. and trying to take a shortcut. She should have applied for a fiancée visa. With this incident, she could be deemed inadmissible to re-enter the U.S. even if Kirk later on petitions her on a fiancée visa or as his wife.
How about a fiancée visa in place of a tourist visa? Can this be possible as well?
Consider Raquel and George (U.S. citizen) who are lovers but live in separate continents. George visits Raquel every year but they have no intention at all of marrying. George would like Raquel to go on a cruise to Alaska with him. Raquel had been twice denied a tourist visa. Surely, they can apply for and be justified the issuance of a fiancée visa in favor of Raquel to facilitate her entry to the U.S.
However, the sole purpose of a fiancé/e visa is for the alien-fiance/e to come to the U.S. to marry, contrary to the couple’s intent in this case. The risk of being caught due to the misguided intent to come to the U.S. is never worth a lifetime of being denied entry to one of the most sought-after countries in the world to visit or reside in.