Dangers of the B visitor visa application

Q: Hi Tami, My fiancé and her brother have an interview for tourist visas next week in Bogotá, Colombia. They applied for this visa before we filed for her fiancée visa. She believes that one of a handful of questions the Embassy officer will ask is “Do you know anyone in the United States?” Her fear is if she says yes, it could jeopardize her tourist visa. Should she mention upfront that she is a candidate for a fiancée visa?

A: Scott, The danger is that a finding of misrepresentation by an immigration officer results in a permanent bar from the US, married or not to a US citizen. Misdirection is misrepresentation. Listen to the question and give a short and complete answer that is truthful.

Normally, an officer might approve if there is a compelling reason, such as a dying family member in the US or an officer of a large corporation who must attend a UN meeting. Why approve unless there is a compelling reason?

Complications for the K1 visa

A consulate officer in Bogota will notice there is a B2 visitor visa visa denial when considering whether to issue a K1 fiance visa. A supervisor may want to review and learn her her responses during the B visa interview. Misrepresentation can be investigated at any time leading up to an application for US citizenship. So, any visa denial draws attention to her. It’s o.k. to try, but please have her be careful to give full disclosure.

Collateral damage to the family

Collateral damage can be her brother. His B visa can be denied due to controversy about your fiance’s B visa application. For example, we often see it that a foreigner enters the US on a visitor visa, marries a US citizen and obtains a green card. All family members are denied visitor visas thereafter because the family cannot be trusted. This family member violated B visa rules. Visa denials are not isolated incidents.

I hope things are clear and make sense. Visitor visas are normally given to wealthy people who want to spend money in the US and go home. Everyone else is lucky to be approved. A visa denial can have long term complications. Having said that, it is o.k. for her to apply if she is prepared to be fully open about her answers.

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