Travelling back and forth with Tourist Visa pending K3

[Juan Valdez 0]

My friends wife currently has a Tourist visa which expires in 1 year. My friend and his wife got married 1 month ago in Colombia and just recently submitted their K3 petition. Question is, can she travel back and forth with her tourist visa to see her husband in the states while the K3 is pending? She only plans to stay for a week or so on each visit.

She called the us embassy and the answer was she was no... but I dont see why not. Thanks for any light on the subject.

[Inky 1,111]

It might be difficult, she would need proof shes going back to her country, return tickets, rental agreements, utility bills, a note saying she has to be back to work on a certain date etc.

They are likely filing for a CR-1 not a K3, K3 is administrativly closed at NVC.

[pushbrk 13,043]

My friends wife currently has a Tourist visa which expires in 1 year. My friend and his wife got married 1 month ago in Colombia and just recently submitted their K3 petition. Question is, can she travel back and forth with her tourist visa to see her husband in the states while the K3 is pending? She only plans to stay for a week or so on each visit.

She called the us embassy and the answer was she was no... but I dont see why not. Thanks for any light on the subject.

Each visit is a separate decision by the CBP agent. However, you do NOT have a K3 pending. You might have one or two petitions pending but nobody has applied for a K3 since 2/1/2010 or before. K3 is dead. Follow the CR1/IR1 guide.

[Juan Valdez 0]

Each visit is a separate decision by the CBP agent. However, you do NOT have a K3 pending. You might have one or two petitions pending but nobody has applied for a K3 since 2/1/2010 or before. K3 is dead. Follow the CR1/IR1 guide.

I stand corrected. They are filing for a CR1. If she travels to the US with her tourist visa in the meantime, will there be a problem?

Edited November 22, 2010 by Juan Valdez

[pushbrk 13,043]

I stand corrected. They are filing for a CR1. If she travels to the US with her tourist visa in the meantime, will there be a problem?

The first sentence in my answer dealt with that. For what it's worth questions about visiting during the process are THE MOST frequently asked questions.

[Juan Valdez 0]

Thanks pushbrk. I did look up this question before posting. What I read in most cases was about couples inquiring about obtaining a tourist visa while waiting. In my friends case, his wife already has one, and I dont see how would it be a violation of inmigration rules if she uses her tourist visa while the spousal visa hasnt been issued. You tell me its up to the discretion of the inmigration officer... how would he even know she is married and applying for a CR1... Thanks anyway.

[canadian_wife 1,826]

Do they always know about the petition? no. Did the one who denied me entry know...yes.

AN issuance of a tourist visa is not a guarentee of entrance. Tell your friend's wife to bring ties to her home country to make her entry easier.

Good luck

[pushbrk 13,043]

Thanks pushbrk. I did look up this question before posting. What I read in most cases was about couples inquiring about obtaining a tourist visa while waiting. In my friends case, his wife already has one, and I dont see how would it be a violation of inmigration rules if she uses her tourist visa while the spousal visa hasnt been issued. You tell me its up to the discretion of the inmigration officer... how would he even know she is married and applying for a CR1... Thanks anyway.

As I said, each entry is a separate decision. Not being a violation of any immigration rules is far from a guarantee of entry. Read the threads about visiting, not about obtaining a visitor visa.