Can my tourist visa be turned down at POE if I have an ongoing K1 application

[Anh map 2,098]

There are no absolutes. The likelihood is that you will be admitted for all the reasons stated in this thread. Just don't try to "get cute" with any questions asked of you. The CBP officers are experienced. If you seem to be evasive the real questioning begins. You don't have anything to hide and your intentions are to come for a visit and return home.

Enjoy the trip.

[Gosia & Tito 199]

well, that's what got me worried. If someone who doesn't need a visa can be turned down by the CBP, my odds seemed pretty grim.

One way to "solve" your quandary is to meet in a third country. We did that as we did not want to risk it (she had a tourist visa already, prior to starting K-1, and had been here visiting me prior to starting K-1). The $ were about same coming here and meeting in another country.

For what is worth (and this is not a scientific sample at all), many of the people I recall seeing here that reported no problems were from a VWP country. Bias?

I don't know if VJ has even done a poll, but, again, a 3rd country is an alternative with low risk and will give you the plus of traveling together in a country not your own. It's a really good test of how you get along, especially if things don't go 100% well.

[Mark UK 3]

I was told (in 2006) by the London embassy NOT to visit the US as a tourist while my K1 was being processed. They said it was unlikely I would be allowed entry because I had already notified the State Department of my intention to immigrate. They said the onus would be on me to PROVE I had no intention to immigrate (mortgage papers, letters from employer, etc) and that I had strong enough ties that I intended to return home.

I wanted to visit my now wife during her birthday as we had been delayed by postal issues in the K1. The embassy told me if I was refused entry it could complicate things enormously for my K1.

Having said that, I've heard about plenty of people doing it without issue. We decided it wasn't worth it.

The idea about a third country is a very good one.

[Channah&Aaron 51]

; I travelled back and forth to my, at that time, fiance (he is USC ) during my K1 application.

Whenever I flew to the US, I always brought the following:

- Copy of I-129f package, including NOA1, so they'll know that you are working on immigration legally

- Return ticket

- Letter from employer

- B2 Visa (most peeps don't have one, which is OK!)

If you also have a contract of a house/appartment/car-lease, that would be great proof too!!

Point is, as long as you have enough proof to show strong ties to your home country, you should be fine!!

After all, visiting your in the US isn't forbidden or anything, like any other country in the World...

Edited September 2, 2011 by Channah&Aaron

[Tina&Brian 0]

Hi

I just visited US on a tourist visa, not a B2, but just a regular tourist visa waiver, while our application for K1 was in progress. I stayed there for 3 months. The only thing that happend is that they questioned me at the airport when entering the US. I was just honest and told them that we were in the process, but it will take such a long time, we need to see eachother. I had no problem entering the country as long I could state I still had my appartment at home, I had my job, and my intention was to go back to my home country after these three months. They will ask questions about that so if you can have a statement from your employer or something to prove your going back home you will be fine. Meny people enter the country like this, but just stay, thats what they are afraid of.

Best of Luck!

/Tina

[newlyweds2010 208]

Yes, they can deny you entry even if it is a valid tourist visa. They can also bar you from entering the U.S. for 10 years. Or they can let you in. I know the odds that they will bar you are probably pretty low but when you enter the U.S. while the visa process is ongoing they can easily see it as though you have abandoned the visa process and have decided to give up on immigrating legally, so you are just trying to immigrate ilegally on a valid tourist visa.

My fiance and I thought about having him come back here while we waited out the visa but our lawyer strongly advised against it (he has a lot of experience in K1s and he didn't overcharge us). He said that you had about a 30% chance of being let in. The big problem is that if they don't let you in you have to book an immediate flight home (which will cost at least $1,000) and you don't even get to see your fiance.

Make sure if you decide to go you bring STRONG proof or having to return home (you would think and interview for a visa approval would be enough but it really isnt). My fiance lives with his parents and has a temp job; he would have probably been denied on the spot! I know being apart is terrible but it is just part of the process. If you have the money to burn and don't mind taking the risk, then go for it, but just be aware of the consequences.

I hope this helps!

Why would they do that?

[Channah&Aaron 51]

Yes, they can deny you entry even if it is a valid tourist visa. They can also bar you from entering the U.S. for 10 years This is not true. You can only get a 10 year ban for serious misrepresentation, or overstaying for a very very long time. You can't get a bar when you are entering the US with the intention to visit your Fiance(e). . Or they can let you in Once again, nothing wrong to visit your fiance(e) during K1 process, they might ask you some more questions. Just be honest. I know the odds that they will bar you are probably pretty low but when you enter the U.S. while the visa process is ongoing they can easily see it as though you have abandoned the visa process and have decided to give up on immigrating legally, so you are just trying to immigrate ilegally on a valid tourist visa. The bar you will have is pretty low?? You have that in your own hands, as long as you're being honest to every question they ask and show them strong proof to your home country..

My fiance and I thought about having him come back here while we waited out the visa but our lawyer strongly advised against it (he has a lot of experience in K1s and he didn't overcharge us). He said that you had about a 30% chance of being let in. The big problem is that if they don't let you in you have to book an immediate flight home (which will cost at least $1,000) and you don't even get to see your fiance. Your lawyer was wrong, you are allowed to visit your fiance(e) during a K1 process, there is no such law that says you can't. Make sure if you decide to go you bring STRONG proof or having to return home (you would think and interview for a visa approval would be enough but it really isnt). My fiance lives with his parents and has a temp job; he would have probably been denied on the spot! I know being apart is terrible but it is just part of the process. If you have the money to burn and don't mind taking the risk, then go for it, but just be aware of the consequences. He wouldn't get denied, and he could have brought a letter from employer stating what he does and when he expect him to come back to work, even though it was only for 3 more weeks. And 99% of the people here haven't burned their money by visiting their fiance(e).

I hope this helps! Not really, you make VJ members more scared than they should be!

Edited September 2, 2011 by Channah&Aaron

[yketwaroo 10]

holy #######, I just figured out multiquote.

I'm from Mauritius, which sets me and my fiancee over 9000 miles apart. I had applied for a tourist visa last year and got denied under section 214(b). I'm told that wouldn't affect the K1 though. Being denied the first first time was a pretty big blow for both of us. Before I ever applied for a visa, I thought I had solid proof of my ties to my home country. But answering all questions honestly led me to tell the CO to conclude that I was trying to spend some time with my girlfriend. At that point, he pretty much disregarded any other documents I had brought.

Since then we've met twice. first time in Rome, Italy , I don't need a visa for the schengen region, and second time she came all the way to Mauritius.

It's just that when we talk we're always making plans about how awesome it would be if I came to visit. Going to her favourite places, introducing me to her family. I know the most sensible thing to do would be to meet in another country or maybe wait until the K1 goes though but I really just want to make her happy.

Since last time I tried the tourist visa, I got a much better job where my skills are pretty invaluable to my employers. So I can get a letter and everything. That's why I think I might be able to get the visa from the consulate officer.

But okay, I'll admit that I'm fairly young (and so is my fiancee btw). I may not have all the material proof which says "I'm settled in my own country" but still, there is a chance I'll get the visa.

One of the things I didn't know is that you could bring all sorts of documents and answer questions at the POE. I thought it was a much more expeditive process where you just stated how long you were staying and if it was for business or pleasure. So facing the CPB would be like another visa interview but with much higher stakes.

Yes, they can deny you entry even if it is a valid tourist visa. They can also bar you from entering the U.S. for 10 years. Or they can let you in. I know the odds that they will bar you are probably pretty low but when you enter the U.S. while the visa process is ongoing they can easily see it as though you have abandoned the visa process and have decided to give up on immigrating legally, so you are just trying to immigrate ilegally on a valid tourist visa.

My fiance and I thought about having him come back here while we waited out the visa but our lawyer strongly advised against it (he has a lot of experience in K1s and he didn't overcharge us). He said that you had about a 30% chance of being let in. The big problem is that if they don't let you in you have to book an immediate flight home (which will cost at least $1,000) and you don't even get to see your fiance.

Make sure if you decide to go you bring STRONG proof or having to return home (you would think and interview for a visa approval would be enough but it really isnt). My fiance lives with his parents and has a temp job; he would have probably been denied on the spot! I know being apart is terrible but it is just part of the process. If you have the money to burn and don't mind taking the risk, then go for it, but just be aware of the consequences.

I hope this helps!

That's exactly what I was thinking would happen. I mean the part about them thinking I'm trying to give up immigrating legally. Not being banned for 10 years, that's a bit extreme? Given my "young" age, the CPB might think I'm prone to rash actions on account of passion, k1 in progress or not.

But now that you mention having to pay for the flight home, do you have to pony up the cash for that or do they provide you with a flight?

When I think about it, it's probably another factor consulars look at when interviewing a visa applicant. Do you have enough money in the bank for booking an immediate flight home in case you get turned back. In my case that might be around $2000 or more.

I currently live with my parents. Along with one brother and one sister. It's not a stigma here as in the US and it makes a lot of financial sense as you save a bundle on rent. I come from a big family with strong ties to each other. Although that didn't help with my interview last year.

One way to "solve" your quandary is to meet in a third country. We did that as we did not want to risk it (she had a tourist visa already, prior to starting K-1, and had been here visiting me prior to starting K-1). The $ were about same coming here and meeting in another country.

For what is worth (and this is not a scientific sample at all), many of the people I recall seeing here that reported no problems were from a VWP country. Bias?

I don't know if VJ has even done a poll, but, again, a 3rd country is an alternative with low risk and will give you the plus of traveling together in a country not your own. It's a really good test of how you get along, especially if things don't go 100% well.

There is a bias. depending on which country you are born, you are either treated like a potential criminal or just given a pat on the back and let in. It's the presumption of guilt that really pisses me off at those visa interviews. I mean really, the US is a terrible place to live in. Their health care is retarded, college education for your kids might ruin you, the food is dosed up on GMO's, steroids and pesticides and not to mention that capitalism is bad bad bad for the soul. Our current plans involve getting marries then saving up until we can move out of the US. Or maybe grow our own food.

I think there should be a poll. or at least some kind of collection of data on the subject. people who are doing a K1 or some kind of spousal visa usually have it worse than others I think, because we have a more compelling reason to want to get into the US. That way we could spot trends and determining factors.

; I travelled back and forth to my, at that time, fiance (he is USC ) during my K1 application.

Whenever I flew to the US, I always brought the following:

- Copy of I-129f package, including NOA1, so they'll know that you are working on immigration legally

- Return ticket

- Letter from employer

- B2 Visa (most peeps don't have one, which is OK!)

If you also have a contract of a house/appartment/car-lease, that would be great proof too!!

Point is, as long as you have enough proof to show strong ties to your home country, you should be fine!!

After all, visiting your in the US isn't forbidden or anything, like any other country in the World...

Thanks.. but yeah, technically, the US is forbidden. Their immigration laws are what I'd call hostile towards visitors not in the VWP. They make it so hard for us to be happy, if I were a foreign super power, they'd be sorely feeling my irk. You can't really be grateful to a country that puts you through so much torment.

Sometimes I wish that the US would get invaded by Belgium or something. then it'd be an annex to Europe and I wouldn't need a visa to visit my fiancée.

Sorry if it seems like I'm venting frustration. well actually, I am venting frustration. Nevermind.

Why would they do that?

They might just be having a bad day. The CPB are just people. People are usually the biggest threat to people these days. Used to be cold weather and being eaten by bears.

[bigdog 376]

Be honest, show strong ties, be police and you will make it. Each officer has discretion.