Applying for a tourist visa while awaiting NOA 2 from K1 application

[giorgiannap357 0]

I was recently in Italy to visit my fiance and we decided prior to my departure to Italy that he should make an appointment with the American Embassy to apply for a tourist visa (I believe called B1)It all worked well I arrived there few days before the interview and had very little or no worries that he should not receive it. I figured that given that we are midway through our k1 application would be a plus and he should not get rejected.

First of all I was very disappointing that I was not allowed inside the consulate to support him and needed to wait outside. I was really disappointing not only that I could not go with him inside but also felt rather unpleasantly surprised that as a US citizen you are not allowed in the building unless you have an appointment of some sort. It was my first time while abroad that I "had a reason " to go to a US embassy was would have thought that as an American Citizen they would welcome you with open doors for whatever reason you needed to enter the building. This nuisance was nothing compared with the outcome of the situation.

My fiance went inside and he was really surprised to find that his "interview" was not even an enclosed door area but a window counter (similar to how banks have) and while talking with the officer everyone in the room can hear all the details of your business there. I am now wondering when going for the K1 interview is there a similar setting for the interview? A window counter where all around can hear details of your relationship and other personal details?

And now for the conclusion of the interview. He presented the officer with all the documents we had prepared for the occasion (NOA 1, the I-131 Affidavit of Support from me and other documents pertaining to the payment for the visa application -a staggering 112 Euros!!!) In the beginning he was telling the officer details about his job and all other personal information, concluding with the fact that the reason why he is applying for the visa is to come spend the holidays with me and that he is on the K1 visa. My fiance says that the moment the officer heard about the K1 application he stopped him and said " I am sorry but because you are on the K1 track I cannot give you a visa because everyone claim to go and not come back".....Is is just me or this does not make any sense?!?!?! I mean it would be very silly of him to come here on a tourist visa and remain illegally in the US, or that he would remain here and we would change the visa type to the other type for couples that marry in the US (not even sure what type of visa that is). at this point we have been waiting for the NOA 2 for 4 months and it would have been very silly of us to even consider the idea of starting all over, so obviously he would have returned back for the interview duhhh ..... I dont know but the reason for refusal just does not make much sense to me, especially that we think that this was the reason for which the officer denied him the visa.

I felt and still feel frustrated at the fact that I was not allowed inside the building, would I have been there with him maybe I could have said something more to the matter to give assurance that he would return back.

Any ideas, thoughts on this greatly appreciated...

[Lainie B 465]

Why didn't your fiance just use the Visa Waiver Program to visit?

[giorgiannap357 0]

Why didn't your fiance just use the Visa Waiver Program to visit?

Hi Lainie,

can you tell what that is? I have never heard of that and all I/we knew was that we needed a tourist visa for him to come to visit. I would appreciate more information in regards to this. Thank you very much for your reply.

GG

[Lainie B 465]

http://travel.state.gov/visa/temp/without/without_1990.html

If your fiance is an Italian citizen he/she does not need a visa to visit the US if the visit is less than 90 days, and it is just for visiting (no working).

They will just need a return ticket, and will need to complete the online ESTA first.

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

There is always a small chance that they will be denied entry when they get to US immigration, but if they takes lots of evidence that they intend to return home (including your I-129f petition acknowledgment), then they should be OK. Lots of people have visited under this program while waiting on a fiance petition.

But now your fiance has a US visa denial, and they will need to declare that when visiting.

With regards to the interview being at a "bank counter" in front of everyone, get used to that for the actual K-1 interview! Mine was the same, everyone in the waiting area can hear the questions and answers.

[Chicagoguy 2 27]

http://travel.state.gov/visa/temp/without/without_1990.html

If your fiance is an Italian citizen he/she does not need a visa to visit the US if the visit is less than 90 days, and it is just for visiting (no working).

They will just need a return ticket, and will need to complete the online ESTA first.

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

There is always a small chance that they will be denied entry when they get to US immigration, but if they takes lots of evidence that they intend to return home (including your I-129f petition acknowledgment), then they should be OK. Lots of people have visited under this program while waiting on a fiance petition.

But now your fiance has a US visa denial, and they will need to declare that when visiting.

With regards to the interview being at a "bank counter" in front of everyone, get used to that for the actual K-1 interview! Mine was the same, everyone in the waiting area can hear the questions and answers.

[giorgiannap357 0]

http://travel.state.gov/visa/temp/without/without_1990.html

If your fiance is an Italian citizen he/she does not need a visa to visit the US if the visit is less than 90 days, and it is just for visiting (no working).

They will just need a return ticket, and will need to complete the online ESTA first.

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

There is always a small chance that they will be denied entry when they get to US immigration, but if they takes lots of evidence that they intend to return home (including your I-129f petition acknowledgment), then they should be OK. Lots of people have visited under this program while waiting on a fiance petition.

But now your fiance has a US visa denial, and they will need to declare that when visiting.

With regards to the interview being at a "bank counter" in front of everyone, get used to that for the actual K-1 interview! Mine was the same, everyone in the waiting area can hear the questions and answers.

Thank you very much for this information. I have just researched the matter and wish I knew of this program before because now with the denial of the visa I feel it is a great risk that we buy the ticket and upon trying to enter the US he would be denied. Am i understanding this correct that the denial may take place at the point of entry in our case when he would land on JFK airport? So basically we can risk buying a ticket and he would travel by plane here only to be refused at the airport? That sounds cruel.

I am very surprised the same type of setting goes for the K 1 interview, we have discussed this after his interview and both thought that maybe a different setting would be when we go for the K1 interview but given what you said I assume we may expect the same. Also I would like to appeal to your knowledge and ask you if you were allowed to enter the Consulate, at the interview with your fiance? As i mentioned in my initial post for the tourist visa I had to wait outside.

Thank you again, and will spread this knowledge I was not aware before with others, it would have made quite a difference were we to have known about this before.

[Girl from Celebes 588]

I was recently in Italy to visit my fiance and we decided prior to my departure to Italy that he should make an appointment with the American Embassy to apply for a tourist visa (I believe called B1)It all worked well I arrived there few days before the interview and had very little or no worries that he should not receive it. I figured that given that we are midway through our k1 application would be a plus and he should not get rejected.

First of all I was very disappointing that I was not allowed inside the consulate to support him and needed to wait outside. I was really disappointing not only that I could not go with him inside but also felt rather unpleasantly surprised that as a US citizen you are not allowed in the building unless you have an appointment of some sort. It was my first time while abroad that I "had a reason " to go to a US embassy was would have thought that as an American Citizen they would welcome you with open doors for whatever reason you needed to enter the building. This nuisance was nothing compared with the outcome of the situation.

My fiance went inside and he was really surprised to find that his "interview" was not even an enclosed door area but a window counter (similar to how banks have) and while talking with the officer everyone in the room can hear all the details of your business there. I am now wondering when going for the K1 interview is there a similar setting for the interview? A window counter where all around can hear details of your relationship and other personal details?

And now for the conclusion of the interview. He presented the officer with all the documents we had prepared for the occasion (NOA 1, the I-131 Affidavit of Support from me and other documents pertaining to the payment for the visa application -a staggering 112 Euros!!!) In the beginning he was telling the officer details about his job and all other personal information, concluding with the fact that the reason why he is applying for the visa is to come spend the holidays with me and that he is on the K1 visa. My fiance says that the moment the officer heard about the K1 application he stopped him and said " I am sorry but because you are on the K1 track I cannot give you a visa because everyone claim to go and not come back".....Is is just me or this does not make any sense?!?!?! I mean it would be very silly of him to come here on a tourist visa and remain illegally in the US, or that he would remain here and we would change the visa type to the other type for couples that marry in the US (not even sure what type of visa that is). at this point we have been waiting for the NOA 2 for 4 months and it would have been very silly of us to even consider the idea of starting all over, so obviously he would have returned back for the interview duhhh ..... I dont know but the reason for refusal just does not make much sense to me, especially that we think that this was the reason for which the officer denied him the visa.

I felt and still feel frustrated at the fact that I was not allowed inside the building, would I have been there with him maybe I could have said something more to the matter to give assurance that he would return back.

Any ideas, thoughts on this greatly appreciated...

I had experience with tourist visa. I was going to visit my then bf (my fiance now) April, 2010. I brought many documents including my credit cards billing statement, my insurance, my bank accounts, letter from my company that stated I'll be back after 2 weeks for my work commitment, and mentioned that my bf works as federal govt worker - stressing that we would not broke the immigration laws-.

The CO Lady did not impressed. She said that embassy really strict about issuing visa. She gave me green ticket and put note that I had to apply for K-1 visa. She also said, if I apply it, I don't have to pay for K-1 visa because I already paid for non-immigrant visa. It has a year expired for payment. I did not pursue it. I was really dissapointed.

I agreed. When the CO Lady interviewed me for B1 visa, it just like we were going to buy train ticket, standing, and there are 6 or 10 windows for different kind visas interview. US removed my country for visa waiver program for Guam and Mariana Islands since 2010 and we have to apply regular visa if whe wanted to visit those places for pleasure or bussiness.

[Chicagoguy 2 27]

Petitioners sponsors to America are, as far as I know, are never allowed at the interview. My guess is that they don't want any comments from us. And no, the embassy doors are not always open to Americans except in emergencies. There are just too many Americans everywhere in the world.

[Ning 619]

I was recently in Italy to visit my fiance and we decided prior to my departure to Italy that he should make an appointment with the American Embassy to apply for a tourist visa (I believe called B1)It all worked well I arrived there few days before the interview and had very little or no worries that he should not receive it. I figured that given that we are midway through our k1 application would be a plus and he should not get rejected.

First of all I was very disappointing that I was not allowed inside the consulate to support him and needed to wait outside. I was really disappointing not only that I could not go with him inside but also felt rather unpleasantly surprised that as a US citizen you are not allowed in the building unless you have an appointment of some sort. It was my first time while abroad that I "had a reason " to go to a US embassy was would have thought that as an American Citizen they would welcome you with open doors for whatever reason you needed to enter the building. This nuisance was nothing compared with the outcome of the situation.

My fiance went inside and he was really surprised to find that his "interview" was not even an enclosed door area but a window counter (similar to how banks have) and while talking with the officer everyone in the room can hear all the details of your business there. I am now wondering when going for the K1 interview is there a similar setting for the interview? A window counter where all around can hear details of your relationship and other personal details?

And now for the conclusion of the interview. He presented the officer with all the documents we had prepared for the occasion (NOA 1, the I-131 Affidavit of Support from me and other documents pertaining to the payment for the visa application -a staggering 112 Euros!!!) In the beginning he was telling the officer details about his job and all other personal information, concluding with the fact that the reason why he is applying for the visa is to come spend the holidays with me and that he is on the K1 visa. My fiance says that the moment the officer heard about the K1 application he stopped him and said " I am sorry but because you are on the K1 track I cannot give you a visa because everyone claim to go and not come back".....Is is just me or this does not make any sense?!?!?! I mean it would be very silly of him to come here on a tourist visa and remain illegally in the US, or that he would remain here and we would change the visa type to the other type for couples that marry in the US (not even sure what type of visa that is). at this point we have been waiting for the NOA 2 for 4 months and it would have been very silly of us to even consider the idea of starting all over, so obviously he would have returned back for the interview duhhh ..... I dont know but the reason for refusal just does not make much sense to me, especially that we think that this was the reason for which the officer denied him the visa.

I felt and still feel frustrated at the fact that I was not allowed inside the building, would I have been there with him maybe I could have said something more to the matter to give assurance that he would return back.

Any ideas, thoughts on this greatly appreciated...

The interview is not with you so they have no reason to have you present. It wouldnt have changed the facts therefore the outcome if you had been inside. Nothing you would have said would have made a difference.

It doesnt make any sense to you because you were ignorant of the laws & rules. This is common because USCs dont need to deal with these things. Its also why the immigration laws of the USA havent been changed for over 60 years.

Thousands or hundreds of thousands have used & abused the tourist visa to immigrate to the USA. People now have to conform to the strongest ties rule.

Your fiance has proven those ties are to you by you petitioning for a K 1. As soon as they cross the U S border those ties change from whatever they were to you, the USC. Thats why they are turned away at the POE many times.

In your case you didnt even know that if he got inside the USA you could have simply done an AOS ( adjustment of status ) which would make it possible for him to stay legally. He would have done as you say & gone back to interview.

I was turned down 3 times for tourist visas for all of these same reasons. I also had planned on going back. It didnt make any sense to me or my husband at first. His reaction was to bring me here to become a citizen so we never have to deal with permissions again.

[bigdog 376]

Sorry the interview is not with you and once on the K1 track everything changes.

[Lainie B 465]

it is a risk that they will be turned back at the airport but in most cases it is highly unlikely. Entry to the US is always at the final discretion of the officer at the POE, no matter what kind of visa (or VWP). Your fiance would need to answer the question at the airport truthfully when they are asked the reason for their visit. Evidence to support their intention to return home is always recommended.

However now the consulate officer has denied the tourist visa application because they suspected your fiance was going to come under a tourist visa and then stay in the US. Their reasoning defies logic because as you say why would you apply to petition your fiance and then circumvent this by having your fiance enter with a tourist visa and then stay illegally? Unless there was another reason the consulate was suspicious. But because of this denial your fiance may be placed under extra scrutiny if using the VWP. This could be a risk. Plenty of people have visited under the VWP, but I would be interested to hear from anyone out there who was denied a tourist visa and then used the VWP successfully.

As for the interview - I was the applicant, not the US citizen. My fiance did not attend as it is such a long way from the US to Australia, and also the consulate in Australia is relatively easy on applicants, but there were others being interviewed in front of me whose US citizen fiances were present. However I believe this varies from consulate to consulate. Have a look at this link:

http://www.visajourney.com/consulates/index.php?ctry=Italy&cty=Naples

(it says the US citizen can attend the interview)

Also try the Europe forum:

http://www.visajourney.com/forums/forum/95-europe-eurasia-except-the-uk-and-russia/

They can help you with questions specific to the Italian consulate.

Good luck!

[giorgiannap357 0]

Thank you all for sharing your thoughts / ideas on the matter. I think at this point we will just wait for the second NOA and the K1 interview. At this point we have been waiting for 4 months for the second Noa and are starting to feel a bit frustrated that it takes longer than what we had initially expected given other approvals from similar time frame as ours.

Thank you again!

[Lainie B 465]

Petitioners sponsors to America are, as far as I know, are never allowed at the interview. My guess is that they don't want any comments from us. And no, the embassy doors are not always open to Americans except in emergencies. There are just too many Americans everywhere in the world.

Not true- it varies by consulate. The "embassy info" link states whether the citizen is allowed to attend the interview or not.

[giorgiannap357 0]

it is a risk that they will be turned back at the airport but in most cases it is highly unlikely. Entry to the US is always at the final discretion of the officer at the POE, no matter what kind of visa (or VWP). Your fiance would need to answer the question at the airport truthfully when they are asked the reason for their visit. Evidence to support their intention to return home is always recommended.

However now the consulate officer has denied the tourist visa application because they suspected your fiance was going to come under a tourist visa and then stay in the US. Their reasoning defies logic because as you say why would you apply to petition your fiance and then circumvent this by having your fiance enter with a tourist visa and then stay illegally? Unless there was another reason the consulate was suspicious. But because of this denial your fiance may be placed under extra scrutiny if using the VWP. This could be a risk. Plenty of people have visited under the VWP, but I would be interested to hear from anyone out there who was denied a tourist visa and then used the VWP successfully.

As for the interview - I was the applicant, not the US citizen. My fiance did not attend as it is such a long way from the US to Australia, and also the consulate in Australia is relatively easy on applicants, but there were others being interviewed in front of me whose US citizen fiances were present. However I believe this varies from consulate to consulate. Have a look at this link:

http://www.visajourney.com/consulates/index.php?ctry=Italy&cty=Naples

(it says the US citizen can attend the interview)

Also try the Europe forum:

http://www.visajourney.com/forums/forum/95-europe-eurasia-except-the-uk-and-russia/

They can help you with questions specific to the Italian consulate.

Good luck!

THANK YOU VERY MUCH LAINIE!!i FOUND ALL THE LINK YOU SHARED WITH ME VERY HELPFUL!

[Darnell 8,478]

Petitioners sponsors to America are, as far as I know, are never allowed at the interview. My guess is that they don't want any comments from us. And no, the embassy doors are not always open to Americans except in emergencies. There are just too many Americans everywhere in the world.

'Petitioners sponsors' this is an oxymoronish label for a tourist visa, btw.

Those applying for a tourist visa must qualify on their own. I'm tired and sad that ppl can still think, 'with a sponser i'll be ok' for any tourist visa.

to the op - sorry, yer story is fraught with 'the wrong decision' at many points.

Good luck with the VWP !