Visiting on a prior Tourist (B1) visa while K1 is in Process

[dodo 0]

Hello All!

I am new to this forum, and would appreciate any help from all of you.

I am a US citizen, and recently got engaged; my fiancee has a 10 year multiple entry visa to enter the US (which she has had BEFORE we ever knew each other). I am thinking of applying for a fiancee or a spouse visa for her, but am wondering will she be allowed to enter the US to write her exams, or give some interviews on her tourist visa, while her fiancee or spouse vise is being processed?

Does it depend on the officer at the POE? or is it an absolute NO-NO??

(BTW, many people have suggested that when she already has a 10 yr multiple entry visa, we should just have her come here on her tourist visa, and get 'spontaneously married' here. That just does NOT sound kosher to me, and I do NOT want to do that.)

But I am just concerned that if they don't let her come in and write her exams and give her interviews over the winter on her tourist visa while her spouse/fiancee application is pending, , we may need to postpone our wedding etc until she is done with her interviews.......

Please HELP!!!!!

Dodo

[dodo 0]

COULD ANYONE OUT THERE HELP PLEASE!!!!!!!!!!

Hello All!

I am new to this forum, and would appreciate any help from all of you.

I am a US citizen, and recently got engaged; my fiancee has a 10 year multiple entry visa to enter the US (which she has had BEFORE we ever knew each other). I am thinking of applying for a fiancee or a spouse visa for her, but am wondering will she be allowed to enter the US to write her exams, or give some interviews on her tourist visa, while her fiancee or spouse vise is being processed?

Does it depend on the officer at the POE? or is it an absolute NO-NO??

(BTW, many people have suggested that when she already has a 10 yr multiple entry visa, we should just have her come here on her tourist visa, and get 'spontaneously married' here. That just does NOT sound kosher to me, and I do NOT want to do that.)

But I am just concerned that if they don't let her come in and write her exams and give her interviews over the winter on her tourist visa while her spouse/fiancee application is pending, , we may need to postpone our wedding etc until she is done with her interviews.......

Please HELP!!!!!

Dodo

[kitkat1 5]

It does, in theory, depend on the officer at the POE since technically the visa does not guarantee admission to the US. But as long as she has enough documentation to prove intent to return to her home country after her visit, she should be fine. That means she needs to bring things like her apartment lease, information about her job and her employer, her bank accounts in her country, etc. When asked the purpose of her visit, best not to use the word "fiance".

Also, you are right that having her here on a tourist visa and getting married is not a good idea unless she plans to return home after the wedding and you plan to petition for a spousal visa instead of fiance. Otherwise, coming into the US on a tourist visa with intent to marry is not legal and could cause you problems down the road.

Hope this helps.

[I-love-Dexter 0]

For my opinion it is better to get married in your fiancee"s country and go through K3 or to apply for K1. Since you guys are already engaged it would be difficult to proove later that you got married due to "spur of the moment" while she was on tourist visa. There is a long immigration process ahead of you and you will be swearing under oath - what then? Making thing easier now may hamper the whole process later .............

good luck

[amwo 0]

i don't know the specifics of your case but technically on a tourist visa one cannot job hunt, interview, take exams, etc. and getting "spontaneously married" is really hard to prove as legit, could be seen as fraud and denied. i suggest getting a lawyer as your situation sounds a little tricky, even if it's only for advise. most laywers will give a free consultation.

[meauxna 15]

If you do some searching on this topic (advanced search is at the top of every page) you will find so many threads that you will understand why no one wants to answer this question anymore.

[Yodrak 7]

dodo,

Point of clarification - B1 is a business visa, not a tourist visa.

So which type of visa do you really mean? (I'm supposing that, in general, legitimate use of a B1 might be easier to accomplish than a B2.)

Yodrak

Hello All!

I am new to this forum, and would appreciate any help from all of you.

I am a US citizen, and recently got engaged; my fiancee has a 10 year multiple entry visa to enter the US (which she has had BEFORE we ever knew each other). I am thinking of applying for a fiancee or a spouse visa for her, but am wondering will she be allowed to enter the US to write her exams, or give some interviews on her tourist visa, while her fiancee or spouse vise is being processed?

Does it depend on the officer at the POE? or is it an absolute NO-NO??

(BTW, many people have suggested that when she already has a 10 yr multiple entry visa, we should just have her come here on her tourist visa, and get 'spontaneously married' here. That just does NOT sound kosher to me, and I do NOT want to do that.)

But I am just concerned that if they don't let her come in and write her exams and give her interviews over the winter on her tourist visa while her spouse/fiancee application is pending, , we may need to postpone our wedding etc until she is done with her interviews.......

Please HELP!!!!!

Dodo

[dodo 0]

Yodrak,

It says B1/B2 on her visa apparently...

dodo

dodo,

Point of clarification - B1 is a business visa, not a tourist visa.

So which type of visa do you really mean? (I'm supposing that, in general, legitimate use of a B1 might be easier to accomplish than a B2.)

Yodrak

Hello All!

I am new to this forum, and would appreciate any help from all of you.

I am a US citizen, and recently got engaged; my fiancee has a 10 year multiple entry visa to enter the US (which she has had BEFORE we ever knew each other). I am thinking of applying for a fiancee or a spouse visa for her, but am wondering will she be allowed to enter the US to write her exams, or give some interviews on her tourist visa, while her fiancee or spouse vise is being processed?

Does it depend on the officer at the POE? or is it an absolute NO-NO??

(BTW, many people have suggested that when she already has a 10 yr multiple entry visa, we should just have her come here on her tourist visa, and get 'spontaneously married' here. That just does NOT sound kosher to me, and I do NOT want to do that.)

But I am just concerned that if they don't let her come in and write her exams and give her interviews over the winter on her tourist visa while her spouse/fiancee application is pending, , we may need to postpone our wedding etc until she is done with her interviews.......

Please HELP!!!!!

Dodo

Does it make a difference?????

Yodrak,

It says B1/B2 on her visa apparently...

dodo

dodo,

Point of clarification - B1 is a business visa, not a tourist visa.

So which type of visa do you really mean? (I'm supposing that, in general, legitimate use of a B1 might be easier to accomplish than a B2.)

Yodrak

Hello All!

I am new to this forum, and would appreciate any help from all of you.

I am a US citizen, and recently got engaged; my fiancee has a 10 year multiple entry visa to enter the US (which she has had BEFORE we ever knew each other). I am thinking of applying for a fiancee or a spouse visa for her, but am wondering will she be allowed to enter the US to write her exams, or give some interviews on her tourist visa, while her fiancee or spouse vise is being processed?

Does it depend on the officer at the POE? or is it an absolute NO-NO??

(BTW, many people have suggested that when she already has a 10 yr multiple entry visa, we should just have her come here on her tourist visa, and get 'spontaneously married' here. That just does NOT sound kosher to me, and I do NOT want to do that.)

But I am just concerned that if they don't let her come in and write her exams and give her interviews over the winter on her tourist visa while her spouse/fiancee application is pending, , we may need to postpone our wedding etc until she is done with her interviews.......

Please HELP!!!!!

Dodo

[Yodrak 7]

dodo,

Just speculation, but it might make a difference. It might be easier for someone who's got an immigrant visa pending to visit the USA to attend a business function as part of their job (B1 visa) than to have a holiday with their significant other (B2 visa).

However, if they were to claim the former when they intend the latter they might create a difficult situation for themself.

Yodrak

Does it make a difference?????

Yodrak,

It says B1/B2 on her visa apparently...

dodo

dodo,

Point of clarification - B1 is a business visa, not a tourist visa.

So which type of visa do you really mean? (I'm supposing that, in general, legitimate use of a B1 might be easier to accomplish than a B2.)

Yodrak

Hello All!

I am new to this forum, and would appreciate any help from all of you.

I am a US citizen, and recently got engaged; my fiancee has a 10 year multiple entry visa to enter the US (which she has had BEFORE we ever knew each other). I am thinking of applying for a fiancee or a spouse visa for her, but am wondering will she be allowed to enter the US to write her exams, or give some interviews on her tourist visa, while her fiancee or spouse vise is being processed?

Does it depend on the officer at the POE? or is it an absolute NO-NO??

(BTW, many people have suggested that when she already has a 10 yr multiple entry visa, we should just have her come here on her tourist visa, and get 'spontaneously married' here. That just does NOT sound kosher to me, and I do NOT want to do that.)

But I am just concerned that if they don't let her come in and write her exams and give her interviews over the winter on her tourist visa while her spouse/fiancee application is pending, , we may need to postpone our wedding etc until she is done with her interviews.......

Please HELP!!!!!

Dodo

Edited June 29, 2006 by Yodrak