Traveling to US under Tourist Visa while K-3 in process (India)

[sp23 0]

Hi all,

My fiancée is an Indian citizen. I'm a US citizen.

We plan to marry in 2 months. And then apply for K-3 visa.

Can she travel to the US after I've applied for the K-3 visa?

Maybe under tourist visa?

Thank you so much!

[Dakine 26]

Hi all,

My fiancée is an Indian citizen. I'm a US citizen.

We plan to marry in 2 months. And then apply for K-3 visa.

Can she travel to the US after I've applied for the K-3 visa?

Maybe under tourist visa?

Thank you so much!

K3 visas are OBSOLETE. Go with the CR-1.

[pushbrk 12,824]

K3 visas are OBSOLETE. Go with the CR-1.

Correct but doesn't address the question. Once you're married, your foreign spouse has documented immigrant intent. People with immigrant intent are ineligible for tourist (non-immigrant) visas. So, unless she already has a tourist visa, she's not going to get one. Plan on the US Citizen doing any traveling during the immigrant spouse visa process.

Exceptions are Canada and Visa Waiver Countries but even that is no guaranteed.

Edited April 7, 2010 by pushbrk

[sp23 0]

Not sure how you guys are determining that K-3 visa is obsolete.

This link

http://www.siam-legal.com/US_Visa/cr1-visa-thailand.php

tells me that CR-1 will take longer than the K-3 visa.

[canadian_wife 1,818]

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

For a long time now USCIS has been approving the I-130 and the I-129F on the same day. Now, when this happens, NVC will close the I-129F leaving the I-130 to be processed.

Yes the Cr-1 takes longer, but longer is better than never for the K-3. I suggest you begin reading up on these procedues since you were unaware of the recent decisions.

Your wife can apply for a tourist visa but she will need to show substantial ties to India and prove that she does not have immigrant intent (difficult to prove with a pending immigrant petition)

Good luck

[endless 0]

According to my personal experience I can tell you that after applying for CR-1 and K3 Visa, back in 2007, I was able to receive a tourist VISA to come and visit. I am not sure were you read that applicants cannot get one. I can say that it will be hard because your fiance will have to prove that she is not willing to trick the system, but it is not impossible. I talked to the embassy directly and I was granted a tourist visa.

Anyway I cannot assure she/he will get one but it is possible to try

[sp23 0]

OK, thanks for the info. I'm reading up on IR-1 now.

I've hired a lawyer who does K-1 and K-3.

So going through him for things.

And he didn't mention anything about the IR-1...

(Although, to be fair to him, I'm still haven't

decided between K-1 and K-3...)

[canadian_wife 1,818]

If your lawyer isn't aware of the recent changes to the K-3, you need a new lawyer. And if you are planning on marrying in 2 months, then you shouldn't go for the K-1. Further, you don't qualify for the IR-1 since you havent' been married for longer than 2 years

Good luck

[pushbrk 12,824]

According to my personal experience I can tell you that after applying for CR-1 and K3 Visa, back in 2007, I was able to receive a tourist VISA to come and visit. I am not sure were you read that applicants cannot get one. I can say that it will be hard because your fiance will have to prove that she is not willing to trick the system, but it is not impossible. I talked to the embassy directly and I was granted a tourist visa.

Anyway I cannot assure she/he will get one but it is possible to try

Italy is not India. Italy is a visa waiver country, so one of the exceptions I noted. The OP is asking about a fiancee in India.

[pushbrk 12,824]

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

For a long time now USCIS has been approving the I-130 and the I-129F on the same day. Now, when this happens, NVC will close the I-129F leaving the I-130 to be processed.

Yes the Cr-1 takes longer, but longer is better than never for the K-3. I suggest you begin reading up on these procedues since you were unaware of the recent decisions.

Your wife can apply for a tourist visa but she will need to show substantial ties to India and prove that she does not have immigrant intent (difficult to prove with a pending immigrant petition)

Good luck

A further note is that neither the left hand or either foot is necessarily aware of what the right hand is doing and certainly have not altered the information on their websites regarding what they don't know the right hand is doing.

[bobby_kvisa 7]

Go online to the Embassy in India which you are applying. They post their visa interviews for the upcoming month in a PDF file.

I did not look at every consulate in India, but you will not be able to count more than 5 K3 interviews on the New Delhi or Mumbai consulate schedule. All of the rest of the spouse visas are CR-1 or IR-1s, and there seem to be hundreds of these.

[RPS 1]

Hi all,

My fiancée is an Indian citizen. I'm a US citizen.

We plan to marry in 2 months. And then apply for K-3 visa.

Can she travel to the US after I've applied for the K-3 visa?

Maybe under tourist visa?

Thank you so much!

Are you getting married in the US? If she enters on tourist visa, and you get married, I think you can apply for AOS while whichever visa you choose (CR-1) is pending. Not sure on the logistics and it could be considered visa fraud.