Any form to gurantee a safe passage to the US while the fiance visa is being processed. (my fiance already has a tourist visa)

[dracula 0]

My fiance has a tourist visa for 5 years. I will apply for a fiance visa within a day or two for her. She is planning to visit me in December while the fiance Visa is being processed. I was told that there is a good chance they will not allow her to enter the US using her tourist visa since the immigration officer will see that she filed for a fiance visa. The plan is to have her visit me and stay in the US for a few months until the American embassy schedules a fiance visa interview for her then she can fly back. Since her entry to the US is not 100% guaranteed, is there a form we can apply promising that my fiance will go back once the paper work is done and she will have the interview for the fiance visa? I just don;t want her to fly to the US and they deny her entry. I want to guarantee her entry to the US.

Thanks,

[Little_My 464]

There's no way to guarantee her entry. No one can guarantee that. You would have to show very convincing proof that she plans to return to Egypt after her authorized stay expires, and proving that when you have a pending K-1 becomes very very hard.. By reading these forums I've also understood that Egypt is not the easier place to apply for a tourist visa in general.

Maybe there are some members who have experience particularly with Egypt and can give pointers or share experiences, but I would say it is pretty unlikely she would be allowed to the US with a pending K1.

[Oksana & Max 94]

My fiance has a tourist visa for 5 years. I will apply for a fiance visa within a day or two for her. She is planning to visit me in December while the fiance Visa is being processed. I was told that there is a good chance they will not allow her to enter the US using her tourist visa since the immigration officer will see that she filed for a fiance visa. The plan is to have her visit me and stay in the US for a few months until the American embassy schedules a fiance visa interview for her then she can fly back. Since her entry to the US is not 100% guaranteed, is there a form we can apply promising that my fiance will go back once the paper work is done and she will have the interview for the fiance visa? I just don;t want her to fly to the US and they deny her entry. I want to guarantee her entry to the US.

Thanks,

There is never a guarantee entry to the US even with Visa. Visa doesn't guarantee you entry, but only allows you to travel to US. It is just a metter of CBP officer at the POE. Be honest, have your fiancee have a copy of NOA-1 and be honest with the immigration. While I haven't read any specific cases here that the entry was denied it might happen.

Good luck on your journey.

[Gosia & Tito 199]

My fiance has a tourist visa for 5 years. I will apply for a fiance visa within a day or two for her. She is planning to visit me in December while the fiance Visa is being processed. I was told that there is a good chance they will not allow her to enter the US using her tourist visa since the immigration officer will see that she filed for a fiance visa. The plan is to have her visit me and stay in the US for a few months until the American embassy schedules a fiance visa interview for her then she can fly back. Since her entry to the US is not 100% guaranteed, is there a form we can apply promising that my fiance will go back once the paper work is done and she will have the interview for the fiance visa? I just don;t want her to fly to the US and they deny her entry. I want to guarantee her entry to the US.

Thanks,

No one can guarantee entry.

Several members here have reported having no problems, however (and as bias as it seems to be) all the ones I've seen reporting this were from the EU countries. I don't recall anyone reporting being denied entry though (from any country). A much safer course of action could be to meet in a 3rd country (Canada, Mexico or a EU or North Africa country, and of course Egypt) for a short vacation, depending on how visas and budgets are.

Alternatively, send petition after she is here, however, even in that case, at the POE she would be better off answering truthfully to a possible question from the inspector as to what is her business here. For example, she might be asked if there is a visit to someone and the answer would have to be boyfriend or fiance, and that might lead to denail of entry; of course, no questions might be asked.

You write that she would be in the US until the time of interview; notice that the maximum stay on a tourist visa is 6 months, shorter than the time is taking to process this type of petitions. The tourist visa could be extended but then again, no gurantees.

Edited September 26, 2011 by Gosia & Tito