Visiting the US whilst our Visa application is being processed?

[Onyx & Inari 0]

My American Fiancée and I have just applied for a K1 Visa, we are only in the early stages and should receive our 1st NOA within the next few days.

Since this process will take anywhere from 3 months to a year my question is this; Can I visit her on a tourist visa/visa waiver whilst this process is taking place.

I can only guess that should I have a return flight and fixed Itinerary with documented intent to return back to the tropics of Manchester I can. But although both my Fiancée and myself are eager to spend time with one another as soon as we can we do not want to hinder the process. She plans to visit me in about 8 weeks time during spring break, but that could still mean another 10 months in waiting - and already I feel more at home there than I do here in England, plus 8 weeks feels such a long time.

This seems such a grey area and I am still uncertain of the true facts - any information or relevant personal experience would be gratefully received.

Onyx

[amykathleen2005 441]

3 months is almost impossible, probably closer to 8-12 months. Just so you know that straight off the bat. You can visit the US as long as you bring evidence that you will be returning home at the end of your stay. It depends on what happens at the border if you is allowed in or not. With sufficient ties to home you should be. Visiting will not have any impact on your visa application so you might as well send that ASAP. There is no problem whatsoever for your fiance visiting the UK during that time.

Edited January 19, 2011 by amykathleen2005

[thatbritishlass 2]

Yes you can, but just bring proof that you intend to return to the UK. It is a bit of a grey area, so if your arrival and departure record smacks of intending immigrant (lots of stays close to the 90-day limit within a short period of time, for example), it will be harder to prove that you intend to leave. Letter from your employer (if you have one), credit card bills, bank statements, and/or a lease are all good evidence.

Not that I am recommending this, but for the first 2 years me and my fiance were apart I just said I was visiting friends when I went through immigration. That said, once my K1 application was actually filed I felt it was better to tell the truth - and got much less hassle for it too.