Unclosed K-1 and tourist visa to US

[ladyR]

I think I have a bit "unusual" questions but I can't find an answer in any other place . The situation: I was making K-1 visa from February, but in June I decided to stop the process. We received NOA-2 in the end of July, after that I several times asked my former fiancee to cancel the visa and he said that he did everything he can (called to USCIS, wrote a letter etc.). But on USCIS site our case is still in "post-decision" activity - don't know why they don't send our documents to Moscow and don't close the case at the same time .

Now I want to try to receive a tourist visa and visit another man, but I don't want this K-1 stuff "after 2 weeks vacation together" anymore. But I definitely want to spend New Year and something like a month with my new boyfriend and decide if we have a future together . 

My questions are:
1. Can I apply for a tourist visa now? Or I shouldn't even think about it in my situation ? I think that in general I have more than zero chances to get a tourist visa because I have a good job, family business and property in Moscow.  I've read that the percent of tourist visa refusals in Moscow Consulate was about 5-7% last year.
2. What are the signs that K-1 is closed ? Our case disappeared from USCIS site? I should wait for the invitation to the interview in Moscow and send them a letter with my refuse?

Thanks in advance for the answers and responses!

[Blues Fairy]

My questions are:
1. Can I apply for a tourist visa now? Or I shouldn't even think about it in my situation ? I think that in general I have more than zero chances to get a tourist visa because I have a good job, family business and property in Moscow. 

You can certainly apply for a tourist visa but your case will be suspect because of your prior K-1 petition.  Regardless of the outcome, your chances for future K-1 visa will not be damaged. 
When applying, make sure your invite letter is NOT from your new boyfriend but from someone else, preferably an established relative or female friend in the US. 

[ladyR]

Blues Fairy, thanks!

It's funny, but it seems to me that to receive a "pre-immigrant" (K1) visa is much more easier than "non-immigrant" (B) visa .  I'm thinking about going like a tourist, without invitations at all - I can make a good tourist route, book hotels etc. I just got an impression after reading several tourist forums that they will not even listen to me after seeing my K-1 petition

[Vaughn]

ladyR, welcome to RWD.

Have you tried sending an e-mail to the Embassy in Moscow? If not, it might be a way to get a
response to your case in particular. Be sure to make a hard copy of your request for disposition
in case you get no response - and keep that for your tourist visa bid.

Best wishes for success!

Vaughn

[groovlstk]

But on USCIS site our case is still in "post-decision" activity - don't know why they don't send our documents to Moscow and don't close the case at the same time .

ladyR, don't get too worried about your case still being listed on the USCIS website. I filed a K1 for my wife and it was approved back in 2006. We recently filed for her 10-yr. Green Card and when I check the status online I see our original K1 filing and AOS filing are both still listed on their site as "Post Decision Activity," even though the K1 was executed and she received her Green Card two years ago. I'm guessing they don't delete old filings or have a category for cancelled or executed files.

Good luck and I hope you're able to get your tourist visa.

[roykirk]

I can't comment on what the pre-existing K-1 is going to do for your chances, but I hope you do fine with your tourist visa.  The K-1 notwithstanding, you're the type of tourist they usually don't have a problem with.  

Despite many warnings I had read that a tourist visa would be "impossible" for my then fiance' to get, she first visited me in the U.S. on a B-2.  She went to the consulate in Moscow for her interview and it took all of about 5 minutes.  She said there were many single women she talked to that were getting them.  Maybe it was just a good day to go, because I know there are many people who don't get them as well.  The things they look for that they'll want to see evidence of are:

1.  Full time and stable job (have a letter from your boss confirming your salary and tenure)
2.  Ownership of cars, property, flat, etc. (provide evidence)
3.  Bank account with decent money in it (provide statement)
4.  Evidence of family remaining back in Russia
5.  Evidence of previous trips where you've left the country and returned (usually contained in your passport, which they'll want a copy of anyway)
6.  A formally written resume' highlighting your work history and education

If you can pull all this together, I think you'll do fine as long as the old K-1 doesn't set off any alarms.  Getting the process started and visa in hand by New Year's might be a bit tough.  Start as soon as possible!  My wife started the tourist visa process in early June and barely had it in hand by her August trip.  

[ladyR]

Great thanks to everyone for the helpful responses!

Vaughn,
Yes, I'm thinking about such letter, I even already have found an example of this letter. Thanks again!

Groovlstk,
You really cheered me up with your experience Now I see that these things with papers are possible not in Russia only )

Roykirk,
Thanks, I think I can gather almost all documents from this list plus about 10 Shengen visas to Europe.

My boyfriend says that we can fill K1 in case of refuse, but I don't want to take part in this comedy again. To write a letter of intention to marry after several weeks on the beach together is really funny idea for me . Even if we speak by phone, Skype and email everyday for several months it has nothing  to do with actual family life (IMHO)..

[groovlstk]

To write a letter of intention to marry after several weeks on the beach together is really funny idea for me . Even if we speak by phone, Skype and email everyday for several months it has nothing  to do with actual family life (IMHO)..

Very very wise of you, ladyR. 

[Vaughn]

4.  Evidence of family remaining back in Russia

Roykirk's #4 is VERY important. Don't neglect to be thorough.

Besides your own name, address, date and place of birth, home and office telephone numbers,
Employment position, name of Employer, address of Employer, and length of time at present
Employment....

Include this same information for parents, siblings and any possible co-applicants.

If any of those folks are students - list where they attend school, curriculum, and expected date of graduation.

Familial ties are just as important as financial and cultural. Leave nothing to the imagination, and good luck!

[tfcrew]

.. it seems to me that to receive a "pre-immigrant" (K1) visa is much more easier than "non-immigrant" (B) visa 

K-1 Visas are NON-immigrant. They always have been.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

http://travel.state.gov/visa/immigrants/types/types_1315.html

[tfcrew]

Now I want to try to receive a tourist visa and visit another man, but I don't want this K-1 stuff "after 2 weeks vacation together" anymore. But I definitely want to spend New Year and something like a month with my new boyfriend and decide if we have a future together . 
 

Thanks in advance for the answers and responses!

I would say that the chances of this are somewhere between 0 and absolutely none.
Especially if there was at one time an I-129f petition in the works.
Red flags are pretty immediate there.
 

[boaterguy]

I would say that the chances of this are somewhere between 0 and absolutely none.
Especially if there was at one time an I-129f petition in the works.
Red flags are pretty immediate there.

I actually think quite the opposite! Post Decision activity to me means the application has been cancelled. The fact that you decided not to go through with the K1 IMO is plenty of eveidence you are not a GCG! All you can do is give it a try and Udachi!

[Blues Fairy]

The fact that you decided not to go through with the K1 IMO is plenty of eveidence you are not a GCG!

The consulate will not be looking for the evidence that the applicant is not a GCG, but for the evidence of absence of immigration intent.  A prior I-129f, canceled or not, is a sign of potential immigration intent.

[ladyR]

Roykirk's #4 is VERY important. Don't neglect to be thorough.

Include this same information for parents, siblings and any possible co-applicants.

Familial ties are just as important as financial and cultural. Leave nothing to the imagination, and good luck!

Yes, thank you!

[ladyR]

I would say that the chances of this are somewhere between 0 and absolutely none.
Especially if there was at one time an I-129f petition in the works.
Red flags are pretty immediate there.

I actually think quite the opposite! Post Decision activity to me means the application has been cancelled. The fact that you decided not to go through with the K1 IMO is plenty of eveidence you are not a GCG! All you can do is give it a try and Udachi!

I have the same "mixed" thoughts about this.... I've read some forums about tourist visas and found only several mentions about receiving B1/B2 after K1. These cases were positive but all these cases were several years after K1. But I think I'll give this a try.

[boaterguy]

A prior I-129f, canceled or not, is a sign of potential immigration intent.

I guess it is how you look at it. The main thing would be is if it is of record the K1 was cancelled at LadyR's request. What better sign that she is not just looking to immigrate? If she only wanted to immigrate she would have followed through with the K1.

[viking]

Lady R

There is another site, www.visajourney.com , which has an excellent forum on questions like this.

[ladyR]

Viking, thank you!

Very interesting forums, but not very optimistic, especially this thread: http://www.visajourney.com/forums/index.php?showtopic=221010

Anyway, I'll fill all the papers and going to bring them to Pony Express on Monday - I think I'll have an interview by the end of November. And I'll try to write here about the outcome .

[BC]

Very interesting forums, but not very optimistic, especially this thread: http://www.visajourney.com/forums/index.php?showtopic=221010

Well considering the circumstances you describe, the last thing you should have is expectations of success. 

If you do succeed then great, but can't really blame anyone if you don't.

Good luck though!

[Faux Pas]

Viking, thank you!

Very interesting forums, but not very optimistic, especially this thread: http://www.visajourney.com/forums/index.php?showtopic=221010

Anyway, I'll fill all the papers and going to bring them to Pony Express on Monday - I think I'll have an interview by the end of November. And I'll try to write here about the outcome .

Hopefully you will but don't get your hopes too high on the November interview. The consulate seem to operate at it's own very slow pace. They are a strange lot. I still have a hard time deciding if the closed K-1 would flag them to deny you. It would be an interesting case study. You do meet all the other criteria?

Good Luck to you btw 

[Turboguy]

I have only one experience with a tourist visa and that was one we helped get for my MIL.   They processed it very quickly and by the end of November is not unrealistic.    It is not a slow process like a K-1 visa.

[dogspot]

Anyway, I'll fill all the papers and going to bring them to Pony Express on Monday - I think I'll have an interview by the end of November. And I'll try to write here about the outcome .

There is never much optimism in regards to tourist visas on these forums. Yet everytime I fly from Moscow to LA, the flights are full with people who have successfully obtained them. I wish you the best of luck, LadyR, and look forward to reading about your experience.

[tfcrew]

With the rarest of exceptions, the only way that single woman from the former Soviet Union can obtain a visa for the United States is the K-1 visa.
Women from other countries in Europe are not held with the same scrutiny.
Isn't this discrimination? No argument from me there.
The US government are the worst violators of their own laws.

That being as it may...the one course provided [the K-1] grants a 90 day stay in the USA and then either be married to the original I-129  petitioner or return within the time frame..no overstay.
Airline tickets should be purchased with this eventuality in mind.
The round trip is really not much more than a one way.
The airlines book accordingly.
In the case of the lead poster..the original petition died on the table and a new one can be instituted [by the original petitioner or a brand new one]
In our case I went and brought my wife back as opposed to having her come on her own but the return ticket was still available in case we got 'cold feet' about going ahead with marriage.
There is no 'shotgun' in the face of the participants..only the grueling hassle of the red tape for which we have no control.
One consolation is that there will be a judgment day and the bureaucrats can choke on their own hypocracy.

[BC]

dogspot, tf,

A true tourist will rarely be denied a visa regardless of country.  The 'rules' are generally the same but some countries may be a bit more strict than others.

The OP wants to visit her boyfriend and thus is not a tourist.

A tourist should:

Be able to finance their trip
Show compelling reasons to return
Have no intent to remain

When all three criteria are met then there is usually no problem.

The problems start when:

She wants to visit a boyfriend/potential husband
Has little or no funds for travel
Is looking to relocate anyway

..which is often the case when talking WM/RW relationships

Yes the planes are full of (mostly) real tourists.

[roykirk]

I agree, BC, and I also forgot to mention that the OP should make NO mention of having a boyfriend in the U.S.  My wife conveniently left that part out.    

I also have to disagree with tfcrew, as I have with many other people who have claimed that RW can't get tourist visas to the United States.  Not only did my wife have no problem getting one, but she stood in line at the consulate with several other young single women who also received them.  I've also been on the LA to SVO route several times myself and have seen many young single women who apparently have tourist visas.  I certainly don't claim it's easy and any woman could get one, because I'm sure there are a lot of single young women who can't meet the criteria I listed.  To say that it's rare they are ever granted, however, is inaccurate.