My name is Attorney Desiree with Immigration for Couples. If you are new to our Facebook page,
we regularly do these live attorney chats to discuss happenings that are going on
with immigration things that we're hearing via our comments section on our Facebook page or even just
during consultations. Common questions that we are getting so that's why we're coming on here today
usually every Thursday at 11. Today, I wanted to discuss something that had been commented as a
question on one of our Facebook chats and if you are watching us currently, certainly feel free to
make comments and if I see them and I can deal with them quickly during this video I certainly
will if for some reason it's a more in-depth question or something that I can do a full
video on at a later date I certainly will do that and maybe move that to the next weekend week and
so again one of our topics for today is traveling while a fiancé visa is pending this is something
we get a lot of questions on because of course with the processing time delays for a fiancé
visa or any visa for that matter so it could be a spousal visa as well those delays are so lengthy
and people just want to be together in the US and by this time, they've made that commitment to be
with each other to start their life together in the US. Now, they're waiting on USCIS to catch up
to where they are in their life and so let's get to the nuts and bolts of it. As you may be aware,
I know we've done other videos regarding immigrant intent and non-immigrant intent. A visitor visa is
essentially a non-immigrant intent that means you intend to go home so that's why when you're going
to apply for a visitor visa, you have to show significant ties to your home country, home,
job, family, in order for that visa to issue. That shows that consular post that officer that's
adjudicating your fiancé or your visitor visa application that you have significant ties enough
to your home country that you would then likely to return home. It's that first requirement in
order to be able to get a visitor visa. Right now, getting a visitor visa is very difficult
so they're just not a lot of them being actually adjudicated in favor of that person that's
applying the opposite issue or intent is your fiancé visa and spousal Visa so fiancé visas you
may understand that those are also considered a non-immigrant intent. A non-immigrant visa however
and for all practicalities, when it comes to consular processing and how it's looked at
or viewed by CBP or the Department of Homeland Security is as an immigrant intent that you're
intending to come and to stay and live and work in the US. Traveling obviously on a
non-immigrant intent while you have a visitor or spousal or a fiancé or a special visa pending
once that application has been put into process then that kind of puts CBP and USCIS on notice
that you are wanting to come and live in the US so in all practicalities it can cause more
issues at the border so when you go to enter there could be more questions asked of you
by an immigration officer and essentially they have all discretion to turn you away. I will
say that we are able to successfully help our clients navigate to that process so as long
as they have a current visitor visa or ESTA or some other visa that would allow them to enter
and stay for short periods of time, we have been successful in helping our clients navigate that
process the problem really lies is if you don't currently have an ESTA or a visitor visa that are
hard to get. ESTA is definitely a less stringent and more easily readily available to people
to be able to apply and get that but as far as petitioning for a visitor visa somewhere you're
likely looking at a very long wait time for even an interview to get a visitor visa. Something to
keep in mind that if you currently have a way to enter even if it's a non-immigrant intent
and we've helped you apply or you have applied for a spousal or fiancé visa something that puts
Department of Homeland Security on notice that you're wanting to immigrate to the US
you can have more difficulties at the border but we successfully have people
that travel in and out all of the time and that is definitely something we can talk you through
so I hope this video has been helpful certainly um comment like share our Facebook page in this
video in particular if you know someone who may be interested in this topic specifically
um also you can always go to www.immigrationforcouples.com and click
on our resources tab this video along with lots of other videos are posted there will be posted there
in order to act as a resource for you as you move through your immigration process I hope this has
been helpful and I will catch you next week at the same time same day have a great day [Music]