Hi, everyone. I am going to talk with all of you today about whether or not you should apply for
a tourist visa before or after you are applying for a spouse or a fiancé visa. Hi, I'm Attorney
Megan Pastrana of Immigration for Couples. I normally do these videos on a Facebook live.
My internet has given me a little bit of issues and also I want to be able to make the video outside.
If you didn't watch my other videos about the Immigration for Couples world tour,
I'm here in Dubai. I'm on the other side of the world from where my office normally is located
and we are doing the world tour. I explain all of that in that other video
but basically the world tour is we're going all over the world
to meet our clients in the countries where they live and work to be able to meet with
them in person and make a deeper connection. Today, as I mentioned, I will be talking about
whether or not you should apply for a tourist visa. The question that I have been receiving
a lot is, "Should I apply for a tourist visa? Is it okay before I file my spouse or fiancé visa
or is it okay to apply for a tourist visa while my spouse and fiancé visa is pending?"
The answer is it depends. I know no one likes to hear that but with immigration, there's just
so many complexities and aspects. Every case is so different than it does but I do want to go over
what does it depend upon. What it depends upon is your prior immigration history.
Have you ever applied for a visa previously? Have you ever violated the terms or conditions of a
visa previously? The other thing that it depends upon is what is your intention
in applying for this tourist visa? Is it really just to come and visit?
The tourist visa is a non-immigrant visa which means that you cannot have immigrant intent
which means that you have to be applying for the tourist visa for the sole purpose
of just coming for a short time visiting and with the intention that you will be
leaving the United States that it really is just a visit. If the answer is yes, it is
possible to apply for a tourist visa before you file for a spouse or fiancé visa and even while
the application is pending. I do want to make it clear that it can be risky. The other thing
I want to make sure all of you understand is that tourist visas are difficult to obtain.
The way that it can be risky is if you have applied for a tourist visa in the past,
if you have prior immigration violations, if you have overstayed, or if your intention is to apply
for the tourist visa to come and live in the United States. All of those can actually have
serious consequences on your spouse or fiancé visa application because immigration could see
that as fraud or misrepresentation. That you have lied
on your tourist visa application, that you didn't have the right intention. There's a lot of
risks involved and so, it's very important that you receive legal advice
before you start filing for a tourist visa application and also to understand is it just
better to go ahead and get your spouse or fiancé visa application filed. I completely understand
that you want to obtain a tourist visa to be able to come and visit and bridge that gap
of time because the immigration process is long, but it is important to take into consideration
those risks and to just be aware of the reality that tourist visas are hard to obtain because they
are a discretionary benefit which means the immigration officer has
the ability to decide what is your intention in applying for this tourist visa. If they believe
that your intention is to apply for the tourist visa to come and remain in the United States,
they would deny your tourist visa. That's why they are very difficult
to obtain because really immigration starts with that understanding that everyone.
I know that that's not fair but that everyone is applying for a tourist visa because they want
to come and stay in the United States and it's your burden to show that that's not the case.
I hope that that gives you some clarity. I know immigration law is complex but I hope you
can understand now that yes, it is possible. Yes, there are risks and yes, tourist visas in general
are difficult to obtain. But again, I hope that information helps. Thanks so much for watching!