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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3958
Experience:  Private practice in several areas, including immigration
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Just visited girlfriend in Buenos Aires. Want her to come to

Customer Question

Just visited girlfriend in Buenos Aires. Want her to come to U.S. on tourist visa for 3 months while we save up to go back to Bs As to live while we wait for K-1 visa. She has been a student for 6 years there. Has 2 brothers and mom and dad 4 hours away. She has no money, got scholarships, not much job history. Parents own property, mother has cancer. I can sponsor her but may need a co-sponsor? My employer could co-sponsor and vouch for me. What is the best approach?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

The issue I see here is that because of her young age and lack of compelling ties the consul is going to suspect that she is coming to the US and will not return to BA.

If she says she has a US fiance for sure they will deny the visa based on immigrant intent, they will think she is coming here to marry and is circumventing the laws and not getting the K1 visa to enter the US.

She has no residence she owns, is a student, has no professional job she has held for a long period of time and has no financial strings to draw her back there.

If you give a Affidavit of Support you for sure will have the visa denied.

There is really no good approach because even before she goes to the window for the interview they will see she is another young lady with nothing strong to make her want to come back to BA and that she will want to stay in the US once she gets here.

Your best approach is to file the K1.

I am not clear on why you cannot file for the K1 now and why you have to wait and go back to BA to file.

That is the wrong approach.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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