Am i allowed to go to the USA to visit my husband??

[Dwayne250 0]

Is it possible for me to just apply for a Tourist Visa and apply for a K-3 Visa for my wife at a later date, after getting the Tourist Visa in my wifes hand, she is from the philippines ?

Can somebody please reply to my post ?

[KimandRuss 0]

I'm pretty sure a A tourist visa from PI is virtually impossible. I believe i've seen a woman get a b visa but the situation was unique.

We have married NZ/USC couples who travel in and out of the US all the time whilst awaiting their spousal visa. We even have a couple who told the CBP they were coming in to get married but would be leaving...got in for a visit just fine. They simply bring proof of ties..etc. But NZ is a VWP Country and is not considered high fraud. A far cry from PI.

I think this is where the misconception comes from. It really has everything to do with the beneficiary's Country.

Perhaps someone in the regional forum can give you a better idea of your options but my guess would be that either you travel there for a visit or meet in another Country.

good luck.

[miss g 1]

im flying to the USA on friday to visit im soo nervous, but i got my boss to write a letter in case and im taking as much stuff that i can.. im only going for a week and i think im not going to wear my engagement ring just incase, well last time i went we hadnt filed yet and the immigration guy was asking me what i was doing there and i said visiting my fiance he seemed ok i dont think i would have any probs.

[TVN 0]

Now that we have sent our I-130 petition and we are waiting for our noa1, can i ask for a tourist visa to visit my husband while our case is pending???

anyone of you tried this solution to be together until the i-130 approval???

please help

Your case is exactly like my wife's one. She got NOA1. While waiting for IR1 visa, she applied for tourist Visa (B2) for 3 times. All 3 times were failed reasoning that she had no strong tie to her living country. In otherword, they need proof that you have a good job, own property like house, attending university in your country to qualify for 'strong tie' category.

I (US citizen) was with my wife in 2 interviews with US consulate in Canada for tourist visa. No matter we said, they turned deaf ear and treated my wife (even myself) like criminal. I still feel a sense of flood boiling even at this moment I'm writing to you now.

My wife will have interview for IR1 visa the end of this month. It has been a long wait. I hope we will get over it.

Unless you can prove to them you have 'a strong tie', don't try it. It's not worth to do so.

Edited January 13, 2009 by TVN

[chavelle 6]

Now that we have sent our I-130 petition and we are waiting for our noa1, can i ask for a tourist visa to visit my husband while our case is pending???

anyone of you tried this solution to be together until the i-130 approval???

please help

absolutely no, otherwise your application would be jeopardize. i had read it somewhere here before, that it might even led to jail. you can apply only one visa at a time. i hope this helps.

God's blessings!

Kevin and Maria

This is not true. You can apply, but your chances for denial of the tourist visa are much greater now that you have shown immigrant intent. It will be much more difficult to convince the embassy that you will return to your home country.

I,too was thinking about submitting the I-130 and apply for a tourist visa afterwards.However,I decided to apply for a visiting visa first,which was granted.I then submitted the I-130. I had no problems at all.I later found out that I made the right decision,as the approval of a tourist visa, after submitting I-130,is very slim.

Chavelle.

[chavelle 6]

sorry thats not possible. i have a tourist visa and was told not to use it once we file the whole petition.

and when i passed the interview, the consul told me that he was gonna cancel my current visa to be replaced by the K1 visa.

They told you not to use it after you file K1 I used mine about eight times after filing 1R1/CR1 petition.I have never been stopped /turned back.I have always been truthful about all my visits,who I am visiting and that the IR1/CR1 had been filed.They would just say "enjoy your stay" I would stay for up to five months.They do cancel your visiting visa,"without prejudice"

Chavelle.

[tiker 0]

I'm not sure if this helps. I was denied entry after my wife and I got married and was told that the entire application process would need to be completed before they let me back in. After finger printing me, photographing me, etc. they sent me home.

My mother-in-law passed away last week on Monday and I was determined to get across the border to be with my wife for the funeral. After calling everyone including the crossing border we use (who has a folder that's 15 inches thick on us) they said they would grant me a B2 visa if I supplied them with a list of things. Utility bills to show that I have a home in Canada to return to, a letter from my employer saying that they know I'm crossing the border and that I'm returning home, etc. A couple things they check even though they don't mention it is return tickets - I had a return train ticket already in my hand - and they check to see what you're bringing across for clothing. Only bringing to sets of cloths they then believed that I was not planning on staying and they granted me a B2 visa to allow me to enter the USA for 1 week for the funeral. I just returned home from the USA two nights ago.

From my understanding, they will only let you cross for humanitarian reasons on a B2 visa. Just wanting to visit won't work.

Edited January 14, 2009 by tiker

[chavelle 6]

I'm not sure if this helps. I was denied entry after my wife and I got married and was told that the entire application process would need to be completed before they let me back in. After finger printing me, photographing me, etc. they sent me home.

My mother-in-law passed away last week on Monday and I was determined to get across the border to be with my wife for the funeral. After calling everyone including the crossing border we use (who has a folder that's 15 inches thick on us) they said they would grant me a B2 visa if I supplied them with a list of things. Utility bills to show that I have a home in Canada to return to, a letter from my employer saying that they know I'm crossing the border and that I'm returning home, etc. A couple things they check even though they don't mention it is return tickets - I had a return train ticket already in my hand - and they check to see what you're bringing across for clothing. Only bringing to sets of cloths they then believed that I was not planning on staying and they granted me a B2 visa to allow me to enter the USA for 1 week for the funeral. I just returned home from the USA two nights ago.

b]From my understanding, they will only let you cross for humanitarian reasons on a B2 visa. Just wanting to visit won't work.

This is completely false information.I have been there done that so I know it is possible! I visited about five times if not more,and stayed for up to five months.I was only asked what was the purpose of my visit.

[KimandRuss 0]

wow... please read through the other posts before posting your opinion or what you heard to be true.

It is completely possible to visit the U.S. whilst awaiting a fiance/spousal visa...especially if you are from a VWP Country. There are literally tons of couples here on VJ who visit as they await the process.

Ultimately, the decision is up to the CBP agent and the responsibility is up to you to prove beyond a doubt that there is no intent to immigrate once you cross the border.

[Moonskin 0]

Wow I've just read this topic and some answers are quite confusing.

I also would like to visit my husband while our CR1 is being processed (we should be able to send next week), most likelly this summer. I just want to make sure everything is gonna be fine, but some posts here are threatening !

I guess it is like you said, a matter of mood of the day but still, if you just come to visit with no intent to remain in the USA but just spend time and money here it should be fine... Anyways, I'd like to visit middle of July to middle of August, I am renting an apartment, and I have holydays planned in France with my parents for end of August. Could proofs such as apartment rent or return to university for september would work ?

We really would like to spend some time together to make the wait more bearable but my husband is in the military and he cannot have any leave days before a few months so me visiting a few weeks is the only solution.

[payxibka 10,047]

thankyou all for your replies....i think i'd better wait , i don't want to ask for a visa and get denied and have problems later for the cr-1 interview

having a tourist visa denied will not have an effect on your immigrant visa... two different visas with two different purposes with two different processes with two different requirements... and possibly even two different results.

[Jamaican JNR 2]

No need to be confused. If you already have a tourist visa you can visit your spouse, however do not over stay. If on the other hand you do not have a visitor's visa dont bother trying to get one cause your intent will be looked with prejudice. In short, you should have applied for visitor's visa b4 starting the immigrant visa, not after.

[Dan & Juan 12]

I have seen so many people from so many countries post conflicting replies on threads like these, I go by what the FAQ for China, where I only know my situation says:

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Can I travel to the United States while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the U.S., you are required to wait to travel until you have been issued an immigrant or fiancé/e visa. However, if you wish to make a temporary visit to the United States, at the end of which you will return to your permanent residence abroad, you may be eligible for a tourist (B2) non-immigrant visa. To receive a B2 visa, you must prove to the interviewing officer that you do not intend to immigrate to the U.S. until after completing the ongoing immigrant visa process. For obvious reasons, this is often a difficult thing to prove.

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I CHOOSE to go to China to visit her, question answered for my situation. I do not think it is a good idea to tempt the process in any way. I did not see my darling for 9 months except on web cam. It is horrible terrible unfair etc, but I hope this year can be erased from our memories in favor of forever together, and that is the eye on the prize FOREVER not just now.

Make your own situation matter for YOU and good luck to all!

Dan