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

[Deputy Purple 1,294]

Good luck with the VWP!

Am I wrong in understanding that a denied B Visa application disqualifies someone from using the VWP?

[Casprd 167]

Am I wrong in understanding that a denied B Visa application disqualifies someone from using the VWP?

I'm not sure that it disqualifies someone but I am pretty sure it will come up at the POE and cause an issue. As for the

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?

Not surprisingly it happens often. People start the process and then feel like it is taking too long so they can just have their SO come here as a tourist, get married, adjust status and shortcut the whole process. It isn't staying illegally (entering illegally, yes, but that is difficult to prove). In fact it happens so often that it has made the whole tourist visa process infinitely harder for people coming as legitimate tourists. The CO's are instructed to view every applicant as a potential immigrant and it is up to the petitioner to prove that they aren't.

[MalaysianGirl 26]

To the OP, I'd only like to add that yes, it is never guaranteed that a person who wants to enter the US will automatically be allowed to do so at the POE, even with a valid B1/B2 visa. It is totally up to the CBP Officer's discretion. I have heard many stories where the officer asked the hopeful person to turn around and go home (meaning find another flight home without ever stepping foot on US soil (outside the airport)). It is completely the onus of the person to prove strong ties to his or her homeland.

[MalaysianGirl 26]

Not surprisingly it happens often. People start the process and then feel like it is taking too long so they can just have their SO come here as a tourist, get married, adjust status and shortcut the whole process. It isn't staying illegally (entering illegally, yes, but that is difficult to prove). In fact it happens so often that it has made the whole tourist visa process infinitely harder for people coming as legitimate tourists. The CO's are instructed to view every applicant as a potential immigrant and it is up to the petitioner to prove that they aren't.

Agreed.

[Robert&Karen 264]

OP, there are plenty of replies here about the visa but I can answer your other question about Embassy admittance. I worked in a US Embassy as a section Deputy Chief for almost two years. The movies show that scared Americans can always run to the Embassy waving their passport and be admitted like they were visiting grandma's house. They even bring the local citizen who helped them escape and are whisked off in a helicopter to the nearest airfield and given a first class ticket out of the country. Only in the movies!

Embassies are not cities, they are office buildings. They do not have hotels, motels, or quarters for lots of people to live or stay. In face on my assignment I actually lived in the city on the economy and only went to the Embassy for work. The rest of the time I was to fend for myself. The Marine Guards are the only ones that I know of who live on the grounds 24/7. I worked late one night and forgot to inform the Marines, next thing I know I have a shotgun in my face. Security is VERY tight, even if you work there.

There are only enough office locations for us to do out job, maybe cubicles or maybe a big desk depending on who you are. There is no space for visitors other than a small library, reference room or a briefing room on the backside. This is where the scheduled visitors may be escorted. And yes, you are always escorted where ever you go regardless of your citizenship. The majority of the Embassy is locked off from those without security clearances and a need to be there.

An American overseas who needs help from the Embassy, like a missing passport, medical emergency, or other personal issue will likely never get past the same waiting room that all K1 applicants visit. For similar security reasons it is hard to get on many US military bases even in the US.

Lastly, even s an employee if I had a need to bring you on the compound, I would have to request proper clearance and you would have a very intense background check first, which may take a few weeks to get back, American or not.

The movies are fun, I get a kick out of how the good guy can scuba dive and get to a shore and have a tuxedo under his scuba gear then go on about the embassy (XXX), or how a person can run to the gates shouting "I'm an American!" and the gates simply open up and they get VIP treatment (The Saint) when in reality you need to deal with many layers of security, and government security at that, so you know the process is going to be very slow.

Some embassies have an "American Corner" where you can watch American movies or read American newspapers, it is a goodwill gesture to the public. You can ask if there is an American Corner at the Embassy in your country. Heck you may even want to see if they are hiring locals for unclassified work from security to administrative work.

[giorgiannap357 0]

OP, there are plenty of replies here about the visa but I can answer your other question about Embassy admittance. I worked in a US Embassy as a section Deputy Chief for almost two years. The movies show that scared Americans can always run to the Embassy waving their passport and be admitted like they were visiting grandma's house. They even bring the local citizen who helped them escape and are whisked off in a helicopter to the nearest airfield and given a first class ticket out of the country. Only in the movies!

Embassies are not cities, they are office buildings. They do not have hotels, motels, or quarters for lots of people to live or stay. In face on my assignment I actually lived in the city on the economy and only went to the Embassy for work. The rest of the time I was to fend for myself. The Marine Guards are the only ones that I know of who live on the grounds 24/7. I worked late one night and forgot to inform the Marines, next thing I know I have a shotgun in my face. Security is VERY tight, even if you work there.

There are only enough office locations for us to do out job, maybe cubicles or maybe a big desk depending on who you are. There is no space for visitors other than a small library, reference room or a briefing room on the backside. This is where the scheduled visitors may be escorted. And yes, you are always escorted where ever you go regardless of your citizenship. The majority of the Embassy is locked off from those without security clearances and a need to be there.

An American overseas who needs help from the Embassy, like a missing passport, medical emergency, or other personal issue will likely never get past the same waiting room that all K1 applicants visit. For similar security reasons it is hard to get on many US military bases even in the US.

Lastly, even s an employee if I had a need to bring you on the compound, I would have to request proper clearance and you would have a very intense background check first, which may take a few weeks to get back, American or not.

The movies are fun, I get a kick out of how the good guy can scuba dive and get to a shore and have a tuxedo under his scuba gear then go on about the embassy (XXX), or how a person can run to the gates shouting "I'm an American!" and the gates simply open up and they get VIP treatment (The Saint) when in reality you need to deal with many layers of security, and government security at that, so you know the process is going to be very slow.

Some embassies have an "American Corner" where you can watch American movies or read American newspapers, it is a goodwill gesture to the public. You can ask if there is an American Corner at the Embassy in your country. Heck you may even want to see if they are hiring locals for unclassified work from security to administrative work.

Dear R& K,

First of all thank you for your reply. I perfectly understand the security reasons for which access is restricted inside the embassies. I am not sure whether my initial thought of being able to enter the embassy was based on depictions in movies I have seen, yet I think it was more based on my naive reasoning. While I understand the rules and have respected them and will do so in the future if i am to be in a similar situation I can't but still find it unfair that while I respect the rules imposed for security purposes my own privacy (or the applicant's in this case)is not proportionately respected/imposed. As I mentioned the setting of speaking to the officer via a counter in a wide open space where everyone around can hear not only personal details as it pertains to your relationship but also possibly my income / social security etc... Based on Laine's response and her experience while interviewing for the K1 visa she mentions the same type of setting. Of course I am not to change this and we will respect the rules and will follow the same routine as everyone else that went through the process but in the end I cant but still feel I cannot push away the awkwardness of the situation I should soon be part of in my future interview.

Thank you again for sharing your thoughts on this.

[Robert&Karen 264]

I agree that there should be some amount of privacy, but security always comes first. If little dividers were put up separating the interviewees maybe that would create a hiding space. Maybe plexiglass would be a solution but that may create other issues. If you wish privacy your only option may be to speak in a low voice.

Others who hear your interview will only want to learn how it goes for when it is their turn, and to the staff on the other end you are simply a number, they see too many people to remember anyone but these really zany folks. Security is first and foremost even at the cost of individual privacy.

[alcp 0]

You sound like you don't really know what you are doing and haven't done your research. Applying for a K1 visa (or any visa for that matter) is not to be taken lightly. If you had done all of your research ahead of time you would have figured all this out without wasting your time going to the US embassy and getting turned down. You should invest some time in reading deeper into the visa process, seeing as you still have quite a way to go and many more hoops to jump through.

[Vicky and Larry 27]

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!

I came out to the USA over a month ago on the Visa Waiver program, which allows you to stay in the country for up to 3 months. And, we have just received our NOA2 while I am out here. We knew there would be a risk that I could be turned away at the POE, so I took a letter showing my employers details, a rental contract/agreement, bank statements and anything thing else that highlighted I still have ties to the U.K. I was really nervous at the POE, but we had a really friendly officer and , well, I am here. I will go back for my medical and interview wrap everything up in the U.K and then return for good - all being well. I just thought I would share, because I remember asking a similar question as you while we were thinking about spending this time together.

Good luck with your journey and the NOA2.

[G&T 12]

OP, there are plenty of replies here about the visa but I can answer your other question about Embassy admittance. I worked in a US Embassy as a section Deputy Chief for almost two years. The movies show that scared Americans can always run to the Embassy waving their passport and be admitted like they were visiting grandma's house. They even bring the local citizen who helped them escape and are whisked off in a helicopter to the nearest airfield and given a first class ticket out of the country. Only in the movies!

Embassies are not cities, they are office buildings. They do not have hotels, motels, or quarters for lots of people to live or stay. In face on my assignment I actually lived in the city on the economy and only went to the Embassy for work. The rest of the time I was to fend for myself. The Marine Guards are the only ones that I know of who live on the grounds 24/7. I worked late one night and forgot to inform the Marines, next thing I know I have a shotgun in my face. Security is VERY tight, even if you work there.

There are only enough office locations for us to do out job, maybe cubicles or maybe a big desk depending on who you are. There is no space for visitors other than a small library, reference room or a briefing room on the backside. This is where the scheduled visitors may be escorted. And yes, you are always escorted where ever you go regardless of your citizenship. The majority of the Embassy is locked off from those without security clearances and a need to be there.

An American overseas who needs help from the Embassy, like a missing passport, medical emergency, or other personal issue will likely never get past the same waiting room that all K1 applicants visit. For similar security reasons it is hard to get on many US military bases even in the US.

Lastly, even s an employee if I had a need to bring you on the compound, I would have to request proper clearance and you would have a very intense background check first, which may take a few weeks to get back, American or not.

The movies are fun, I get a kick out of how the good guy can scuba dive and get to a shore and have a tuxedo under his scuba gear then go on about the embassy (XXX), or how a person can run to the gates shouting "I'm an American!" and the gates simply open up and they get VIP treatment (The Saint) when in reality you need to deal with many layers of security, and government security at that, so you know the process is going to be very slow.

Some embassies have an "American Corner" where you can watch American movies or read American newspapers, it is a goodwill gesture to the public. You can ask if there is an American Corner at the Embassy in your country. Heck you may even want to see if they are hiring locals for unclassified work from security to administrative work.

heheeh ,Sorry OP but one has to love this answer.

For the record, the German embassy in NY and other countries is just alike, no privacy at all so I guess that is an common thing in Embassies.

Good Luck on your K1

[sachinky 464]

When I was waiting for our NOA2, I thought about applying for a B-2. I called the Consulate before I spent $131 on the application. I was told that for a tourist visa you need to demonstrate non-immigrant intent. As a CR-1 (and a K-1 too, practically speaking) you have clearly demonstrated your immigrant intent. As one cannot possess dual intent simultaneously (I'm not sure if we can include the H1B here), I was told not to waste my time applying for a B2 despite a prior approval and five year student visa. Tourist visas are issued on the strongest ties rule. It is very hard to overcome the issues of ties to your homeland when you have a USC spouse or fiance.

[Ray-J 2]

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.

It depends upon what type of visa and what embassy the beneficiary is interviewed at. My fiancee and I were both present for her K-1 interview in Manila.

[dukeandduchess 141]

Am I wrong in understanding that a denied B Visa application disqualifies someone from using the VWP?

Along this line, her fiance will need to add that he has been denied a Visa on his K1 paperwork before the interview.

[philstewartarlen 0]

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.

It really depends on the embassy and the interviewers. I was told, by my attorney among others, that the petitioner can not attend the interview, but I was alongside my Fiance throughout the interview process.

[Robert&Karen 264]

When I was waiting for our NOA2, I thought about applying for a B-2. I called the Consulate before I spent $131 on the application. I was told that for a tourist visa you need to demonstrate non-immigrant intent. As a CR-1 (and a K-1 too, practically speaking) you have clearly demonstrated your immigrant intent. As one cannot possess dual intent simultaneously (I'm not sure if we can include the H1B here), I was told not to waste my time applying for a B2 despite a prior approval and five year student visa. Tourist visas are issued on the strongest ties rule. It is very hard to overcome the issues of ties to your homeland when you have a USC spouse or fiance.

I see a great reason for a tourist visa while awaiting your K-1 visa. Come here for the medical! Varicella and the other needed shots are so cheap in the US that the shots and the plane ticket alone are less than the same shots in the UK. Yes you can get the shots here on a fiance(e) visa but if you are married I understand that you need all the shots before you come over. And why not come here to deliver household goods, or just for the holidays? I am sure there are many ways to show your stay is temporary.