Can Fiance Visit On Tourist Visa While Waiting For K-1?

[DA BOMB 1]

I think there is some misunderstanding with some of the responses...my financee ALEADY HAS a Tourist visa for the US which she got 4+ years ago. So the question I have is NOT can she APPLY for a tourist visa, but because she ALREADY has one, CAN SHE VISIT ME with her current TOURIST visa while we wait for hopeful approval for the K-1?

Yes she most definately can.

I wouldn't go quite that far. She may or may not be admitted. I think your question is whether your K1 filing will nullify her existing and currently valid visitor visa. It doesn't. I'm not familiar with visitor visas issued in Mexico but I would question just how long the visa is valid from date of issue. 4+ years is a long time for a visa to be valid. If the visa is still valid, I wouldn't be afraid to have her fly into a US Port of Entry, present her passport and indicate she is coming to visit friends or as a tourist. She should not indicate she has a US Citizen fiance.

If you don't mind, what ARE the terms of her existing visa? For instance what is its period of validity? Is it single or multiple entry? Does it indicate the length of each stay?

If her tourist visa is valid whats the problem? An FM-T also known as a Tourist Card has limitations. If its an actual B2 tourist visa then it is normally good for 10 years. It appears valid and YES she can travel to the US while the K1 is being processed. There will alsways exist a fear even for K1 visa holders as it depends on the jerk at the POE but more than likely she will have no problems.

[pushbrk 12,822]

I think there is some misunderstanding with some of the responses...my financee ALEADY HAS a Tourist visa for the US which she got 4+ years ago. So the question I have is NOT can she APPLY for a tourist visa, but because she ALREADY has one, CAN SHE VISIT ME with her current TOURIST visa while we wait for hopeful approval for the K-1?

Yes she most definately can.

I wouldn't go quite that far. She may or may not be admitted. I think your question is whether your K1 filing will nullify her existing and currently valid visitor visa. It doesn't. I'm not familiar with visitor visas issued in Mexico but I would question just how long the visa is valid from date of issue. 4+ years is a long time for a visa to be valid. If the visa is still valid, I wouldn't be afraid to have her fly into a US Port of Entry, present her passport and indicate she is coming to visit friends or as a tourist. She should not indicate she has a US Citizen fiance.

If you don't mind, what ARE the terms of her existing visa? For instance what is its period of validity? Is it single or multiple entry? Does it indicate the length of each stay?

If her tourist visa is valid whats the problem? An FM-T also known as a Tourist Card has limitations. If its an actual B2 tourist visa then it is normally good for 10 years. It appears valid and YES she can travel to the US while the K1 is being processed. There will alsways exist a fear even for K1 visa holders as it depends on the jerk at the POE but more than likely she will have no problems.

I would go as far as "more than likely" as long as the visa is valid and no fiance is mentioned. I would not go as far as "most definitely". That was my point.

[MPGGPM 0]

I think there is some misunderstanding with some of the responses...my financee ALEADY HAS a Tourist visa for the US which she got 4+ years ago. So the question I have is NOT can she APPLY for a tourist visa, but because she ALREADY has one, CAN SHE VISIT ME with her current TOURIST visa while we wait for hopeful approval for the K-1?

My wife had a tourist visa as well. She was able to visit me while our IR-1 was pending, with no problems. (not saying your fiancee will not have trouble as well.......each case is different........so she needs to be prepared, regardless).

[meauxna 15]

The point is now that we have applied for a K-1 what can we do now for her to be able to visit me in the US without fear of her being turned away?

Don't be afraid?

Everyone has told you what we can. It is up to the border agent to admit her or not admit her. If she has sufficient proof of her ties to home (why she will return to Mexico instead of staying in the US) her odds go up significantly. Volumes have been written on this in the past; please use the search instead of asking everyone to repost successful US entries.

None of that matters too much, since the only entry that counts is HERS. Totatlly individual.

I dont think its a bother for her to ask a question that's been asked in the past. You may choose not to post but its not very nice to send people away to search for a simple answer.

How to make a successful tourist visit with a petition pending is not a simple question. The answers are lengthy and complicated.

[Caladan 19]

1) No, having an I-129F or K-1 application pending doesn't cancel an existing tourist visa.

2) There's a lot of threads about this. Most people, if they have the ability to travel to the U.S. while the K-1 is pending, and if they decide to visit the U.S., are fine. There are no hard and fast rules, though; each couple has to decide whether it's worth the risk to them.

3) If your fiancée does decide to visit, make sure she carries along with her proof that she intends to return: employer letter, paystub, lease, that sort of thing. How long is she planning to visit?

[Yodrak 7]

One little problem with the items listed here - a person who has a visa petition pending for them does intend to terminate their lease, quit their job, and in all likelyhood transfer their money to a US bank. None of these things are evidence that one does not intend to immigrate when the immigration process is underway. Two phone calls - one to the boss and one to a family member or friend - and these 'ties' to the home country are severed.

Yodrak

.....

She should be prepared at the point of entry with significant documentation to prove her intention to return to Mexico. Things like a copy of her lease, a letter from her employer stating when she is to return, copies of bank statements, anything to prove she does NOT intend to immigrate. ......

.....

3) If your fiancée does decide to visit, make sure she carries along with her proof that she intends to return: employer letter, paystub, lease, that sort of thing. How long is she planning to visit?

Edited March 21, 2007 by Yodrak

[kari lina 0]

Maybe a better question than "can it be done" is how many have successfully had a fiance visit the US with a K1 application pending, and were there any complications in completing the K1 Visa process once the non USC returned to his/her country?

The guide here on VJ says "Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process. Refer questions regarding experiences to the newsgroup."

I for one would love to know who has had a fiance visit successfully.

-Karoline

Edited March 21, 2007 by kari lina

[Caladan 19]

One little problem with the items listed here - a person who has a visa petition pending for them does intend to terminate their lease, quit their job, and in all likelyhood transfer their money to a US bank. None of these things are evidence that one does not intend to immigrate when the immigration process is underway. Two phone calls - one to the boss and one to a family member or friend - and these 'ties' to the home country are severed.

Yodrak

You're right that it isn't ironclad proof, as having a significant other in the country is a significant tie that's hard to overcome. On the other hand, it's surely better to have some way of showing that you do intend to return on this trip rather than leaving the lease, paystub, etc. home. It's not a talisman or a guarantee, just advisable.

kari lina,

C. visited here for two weeks over Christmas and New Year's. He faxed the checklist to Vancouver on the 21st, flew here on the 28th, no problems, no extra inspection, nada. We decided the risk was worth it as I absolutely abhor flying and am less than enthusiastic about central Alberta in January. Also, as C. enters through Canada, he clears customs about an hour away from his house, before he gets on the plane. If he'd been denied, he'd just turn around and go home without any drama or expense, other than the lost plane ticket.

While he was here, they scheduled the interview. We received the visa with no problems and if they had to do extra security checks, they added no noticeable time.

There was a poll a while back about entering while the K-1 was processing. If I remember correctly, most people didn't attempt (or couldn't attempt) an entry. Of those that did, a small but non-negligible proportion were turned away.

[Yodrak 7]

Caladan,

Even better is to have specific plans for the visit to the USA - what will be done, when, and why. And when the plan is accomplished, there is no further reason to remain in the USA.

None of this is easy, and little of it is in the visitor's control. The best 'evidence' is the person themself, and the impression that they give to the CBP officer by the personal interaction. If it gets to the point of having to show documentary evidence, the person is going home on the next flight out.

Yodrak

One little problem with the items listed here - a person who has a visa petition pending for them does intend to terminate their lease, quit their job, and in all likelyhood transfer their money to a US bank. None of these things are evidence that one does not intend to immigrate when the immigration process is underway. Two phone calls - one to the boss and one to a family member or friend - and these 'ties' to the home country are severed.

Yodrak

You're right that it isn't ironclad proof, as having a significant other in the country is a significant tie that's hard to overcome. On the other hand, it's surely better to have some way of showing that you do intend to return on this trip rather than leaving the lease, paystub, etc. home. It's not a talisman or a guarantee, just advisable.

.....

[kengumbo 0]

Another excellent discussion! My fiancé has a tourist visa and has visited several times before applying for our fiancé visa. But our lawyer advised us that if she tries to enter the country again, she could be denied entry. When I pressed for odds, he said in his opinion and experience that she probably had a 50/50 chance of being denied entry.

With her fear of US immigration and the expense of having a return flight ready for her, we decided against her visiting the US until the K-1 is approved. Could the attorney be wrong? Sure. But he specializes in fiancé visas and has many years experience. We simply decided it wasn't worth the expense and hassle.

[Yodrak 7]

kengumbo,

You remind me of an important consideration that many people overlook - the pattern of visits. If it gets to the point that a person is spending more time visiting the USA than they spend living in their home country, they aren't visiting and they're going to be denied entry.

Yodrak

Another excellent discussion! My fiancé has a tourist visa and has visited several times before applying for our fiancé visa. But our lawyer advised us that if she tries to enter the country again, she could be denied entry. When I pressed for odds, he said in his opinion and experience that she probably had a 50/50 chance of being denied entry.

.....

[meauxna 15]

Maybe a better question than "can it be done" is how many have successfully had a fiance visit the US with a K1 application pending,

But each entry is so individualized, how can this be helpful? It varies with the same person/same circumstances/different day.

The important thing to remember, IMO, is that it is not against the law or any unwritten rule. If you are refused entry, it will not harm your K-1 application (your wallet is another story). If you have mostly been living in the US on a visitor's visa, your odds of being turned back raise every entry.

[elguevon 16]

I appreciate all the responses and just for clarification I did search prior to posting but a lot of the similar threads were over a year old so given the entry processes/rules change, I started the 2007 version.

Most of you confirmed what I had suspected all along...there is no "standard" when it comes to admission with a Tourist visa when a K-1 application is pending. While I understand it’s always at the discretion of the officer at the POE, I was hoping some people always had success with certain type of documents.

I guess I'm not quite sure why POE officers would seem to be more alarmed when someone who was coming to visit his/her finance(e) and enter with a valid US Tourist Visa, UNLESS there is some technical rule that specifically applies to a TOURIST visa. I realize the intention of the TOURIST Visa is just for to visit and under NO CIRCUMSTANCES can entry be made with the INTENTION of immigrating.

If you say to the POE officer:

1) I am here to visit my Fiance(e)

2) We have filed our K-1 Petition (show NOA1 receipt with A#)

3) Show return airline ticket

I would think those 3 things alone would be more than suffice. Why would anyone want to violate any immigration rules while the K-1 is in process? I think we all know the amount of work it takes just for the initial application, jeopardizing it would be pretty insane. I fail to see how a visit could be considered suspicious. Seriously, they know when your finace(e) enters and because they know exactly why (you told them), what is the problem? Even with the worse case scenario, your finace(e) overstays the I-94 expiration date and/or K-1 denied while they are visiting and decides to stay anyway. Then what? You can certainly attempt to file for another type of visa but good luck with that given immigration knew your last entry date and certainly noted why you visited.

Yeah...I've read the common answer "Just don't tell them you are their finace(e)". I won't get into that debate....I want to be truthful and certainly will do nothing to jeopardize our K-1 visa process OR cause any issues that would cause them to invalidate her US Tourist Visa.

I realize the SAFEST thing to do is just wait the 6+ month process and visit her when I can, but I only have so much vacation time. Given she already has a valid US Tourist Visa and the ability to visit me thanks to proximity/airlines, I'd like to utilize this benefit if possible...hence the reason why I hoped anyone here could submit their experiences

Edited March 22, 2007 by elguevon

[DA BOMB 1]

The point is now that we have applied for a K-1 what can we do now for her to be able to visit me in the US without fear of her being turned away?

Don't be afraid?

Everyone has told you what we can. It is up to the border agent to admit her or not admit her. If she has sufficient proof of her ties to home (why she will return to Mexico instead of staying in the US) her odds go up significantly. Volumes have been written on this in the past; please use the search instead of asking everyone to repost successful US entries.

None of that matters too much, since the only entry that counts is HERS. Totatlly individual.

I dont think its a bother for her to ask a question that's been asked in the past. You may choose not to post but its not very nice to send people away to search for a simple answer.

How to make a successful tourist visit with a petition pending is not a simple question. The answers are lengthy and complicated.

Im interested in how complicated it can possibly be - show up at the POE..show guard Tourist Visa - Grab a beer and a taxi

[kari lina 0]

Maybe a better question than "can it be done" is how many have successfully had a fiance visit the US with a K1 application pending,

But each entry is so individualized, how can this be helpful? It varies with the same person/same circumstances/different day.

The important thing to remember, IMO, is that it is not against the law or any unwritten rule. If you are refused entry, it will not harm your K-1 application (your wallet is another story). If you have mostly been living in the US on a visitor's visa, your odds of being turned back raise every entry.

Maybe you are absolutely right that every case is completely individualized and offers little help in determining our own case, but I (being a person who works with numbers) feel that the numbers of those who are in similar (obviously not the same, but at least similar) cases can give us at least an example of what may happen if we were to be in a similar case. I do realize that it could be completely different for another couple. But simply thinking logically and examining the numbers of those who have succeeded in having a non USC visit during K1 pending would help me determine if it is worth the risk of a lost plane ticket or not.

In my opinion, if 95% of non US citizens successfully visit their USC during the application process of the K1 and it causes no delay in the process, then that tells me it may be worth the risk. If that number is more like 25% who are successful (no matter their specific case) that tells me that it just might not be worth the risk.

I could be completely wrong thinking in numbers, but you have to go by something when you are thinking of taking this same risk of either having your non USC visit successfully or wasting even more money on a ticket when they will still be turned away at the border.