Can Fiance Visit On Tourist Visa While Waiting For K-1?

[elguevon 16]

If my Mexican fiance has a tourist visa for the United States, is she still permitted to come and visit me in the United States while our K-1 is processing?

Does she automatically surrender her Tourist Visa when we apply for a K-1?

Is something noted in the Immigration system when she enters the US on the tourist visa that she is also in process for a K-1?

I'm trying to understand if I always have to be the one to fly down or can she also fly up to visit me.

Any insight would be helpful! Thanks!

[1HappyGuy 45]

If she has a tourist visa to visit America, then have her come here for a visit. But, when the time comes for the application to be approved, she needs to be back in her country getting ready for the final part. They are two totally different visas but both are approved by the U.S. embassy in her country. The visitor visa will be stamped with a date when she has to leave upon her arrival in America and that piece will be removed when she leaves. The same thing will happen when she gets her K-1 visa. The difference is that the K-1 means she has to get married and apply for adjustment of status within 90 days. She will be stuck in America until she gets a green card unless you also apply for travel documents (advanced parole). Check on the timeline for each through your local area USCIS office to determine if you want to apply for travel documents.

[rosyanne 0]

You can. But from some counties, chances of getting approved are very little.

[kitkat1 5]

If she already has a tourist visa, it's not a problem to travel, generally. The I-129F application being in process does not impact her tourist visa - that happens when the K1 visa is actually issued.

She should be prepared at the point of entry with significant documentation to prove her intention to return to Mexico. Things like a copy of her lease, a letter from her employer stating when she is to return, copies of bank statements, anything to prove she does NOT intend to immigrate. Also keep in mind that a tourist visa does not guarantee admission to the US - only the opportunity to try. If she mentions that she is coming to visit her fiance, for example, the IO at the point of entry could decide that she has intent to immigrate and send her home on the next flight. So be prepared with lots of documentation and good luck.

[carfey 0]

If she already has a tourist visa, it's not a problem to travel, generally. The I-129F application being in process does not impact her tourist visa - that happens when the K1 visa is actually issued.

She should be prepared at the point of entry with significant documentation to prove her intention to return to Mexico. Things like a copy of her lease, a letter from her employer stating when she is to return, copies of bank statements, anything to prove she does NOT intend to immigrate. Also keep in mind that a tourist visa does not guarantee admission to the US - only the opportunity to try. If she mentions that she is coming to visit her fiance, for example, the IO at the point of entry could decide that she has intent to immigrate and send her home on the next flight. So be prepared with lots of documentation and good luck.

Right now I visit my fiancee in Washington State (I live near Vancouver, Canada) every weekend, without a visa (visa-waiver for Canadians). I haven't had any problems other than being sent into INS to be asked some questions on one occasion. I imagine you probably could visit, especially if your case hasn't been adjudicated, although it may be harder for Mexicans.

I don't know if this changes once you get your NOA2. I'm not sure if anyone here has had that experience. I would like to continue to visit my fiancee after we receive it, and hopefully I don't get turned back.

Edited October 16, 2006 by carfey

[E&K 0]

If she already has a tourist visa, it's not a problem to travel, generally. The I-129F application being in process does not impact her tourist visa - that happens when the K1 visa is actually issued.

She should be prepared at the point of entry with significant documentation to prove her intention to return to Mexico. Things like a copy of her lease, a letter from her employer stating when she is to return, copies of bank statements, anything to prove she does NOT intend to immigrate. Also keep in mind that a tourist visa does not guarantee admission to the US - only the opportunity to try. If she mentions that she is coming to visit her fiance, for example, the IO at the point of entry could decide that she has intent to immigrate and send her home on the next flight. So be prepared with lots of documentation and good luck.

Hi there,

I'm not sure where your fiance lives or what your plans are, but in addition to Kitkat's advice I'd recommend flying to the states from a Mexican city instead of crossing the border by car and take a flight from a US border town. It is always easier to get the I-94 approved at an airport's POE than trying right at the border, they are way pickier.

I tried getting my I-94 earlier this year at the border and got denied, tried later flying from Monterrey to Houston and got it for 6 months, and I just got another 6 months one by doing the same thing and they asked me no questions or documents whatsoever, even with my fiance right next to me . I was prepared with documentation like the one Kitkat mentioned though, just in case.

Good Luck!

[elguevon 16]

Thanks for the responses

Has anybody had their fianace(e) visit using their TOURIST VISA they already have while the K-1 application is being PROCESSED (not approved) and EXPLICITLY say to the immigration officer at the POE "I am going to visit my fiance(e)"?

Reading other threads, there is no clear-cut layout of exactly WHAT documentation immigration wants to see proving that the visit is just that...a visit. Furthermore, what it really seems like is WHO you get for an official at the POE.

The point is now that we have applied for a K-1 what can we do now for her to be able to visit me in the US without fear of her being turned away?

I'd love to hear experiences from others regarding visits TO the USA and what immigration said when you arrived. Any specific examples from Mexico would be especially helpful!

Thanks.

[dave_ehssa 0]

applying tourist visa while having the K-1 visa will give u a little chance to be approve.

[DA BOMB 1]

applying tourist visa while having the K-1 visa will give u a little chance to be approve.

You have no proof that there is little chance of approval as it depends on the circumstances and the embassy. If the beneficiary can prove ties to the country in which he wont abandon then there's no reason a visa wont be issued for travel.

[elguevon 16]

I think there is some misunderstanding with some of the responses...my financee ALEADY HAS a Tourist visa for the US which she got 4+ years ago. So the question I have is NOT can she APPLY for a tourist visa, but because she ALREADY has one, CAN SHE VISIT ME with her current TOURIST visa while we wait for hopeful approval for the K-1?

[meauxna 15]

The point is now that we have applied for a K-1 what can we do now for her to be able to visit me in the US without fear of her being turned away?

Don't be afraid?

Everyone has told you what we can. It is up to the border agent to admit her or not admit her. If she has sufficient proof of her ties to home (why she will return to Mexico instead of staying in the US) her odds go up significantly. Volumes have been written on this in the past; please use the search instead of asking everyone to repost successful US entries.

None of that matters too much, since the only entry that counts is HERS. Totatlly individual.

[DA BOMB 1]

I think there is some misunderstanding with some of the responses...my financee ALEADY HAS a Tourist visa for the US which she got 4+ years ago. So the question I have is NOT can she APPLY for a tourist visa, but because she ALREADY has one, CAN SHE VISIT ME with her current TOURIST visa while we wait for hopeful approval for the K-1?

Yes she most definately can.

[DA BOMB 1]

The point is now that we have applied for a K-1 what can we do now for her to be able to visit me in the US without fear of her being turned away?

Don't be afraid?

Everyone has told you what we can. It is up to the border agent to admit her or not admit her. If she has sufficient proof of her ties to home (why she will return to Mexico instead of staying in the US) her odds go up significantly. Volumes have been written on this in the past; please use the search instead of asking everyone to repost successful US entries.

None of that matters too much, since the only entry that counts is HERS. Totatlly individual.

I dont think its a bother for her to ask a question that's been asked in the past. You may choose not to post but its not very nice to send people away to search for a simple answer.

[DA BOMB 1]

Thanks for the responses

Has anybody had their fianace(e) visit using their TOURIST VISA they already have while the K-1 application is being PROCESSED (not approved) and EXPLICITLY say to the immigration officer at the POE "I am going to visit my fiance(e)"?

Reading other threads, there is no clear-cut layout of exactly WHAT documentation immigration wants to see proving that the visit is just that...a visit. Furthermore, what it really seems like is WHO you get for an official at the POE.

The point is now that we have applied for a K-1 what can we do now for her to be able to visit me in the US without fear of her being turned away?

I'd love to hear experiences from others regarding visits TO the USA and what immigration said when you arrived. Any specific examples from Mexico would be especially helpful!

Thanks.

Most of the fear comes with using the visa waiver program...people are denied then have to apply for a tourist visa. You ARE allowed to visit on a tourist visa WHILE a K1 petition is processing. If she is questioned and mentions FIANCE have her be prepared to show documents proving she doesnt intend to stay. Probably the same documents she showed to attain her tourist visa.

[pushbrk 12,822]

I think there is some misunderstanding with some of the responses...my financee ALEADY HAS a Tourist visa for the US which she got 4+ years ago. So the question I have is NOT can she APPLY for a tourist visa, but because she ALREADY has one, CAN SHE VISIT ME with her current TOURIST visa while we wait for hopeful approval for the K-1?

Yes she most definately can.

I wouldn't go quite that far. She may or may not be admitted. I think your question is whether your K1 filing will nullify her existing and currently valid visitor visa. It doesn't. I'm not familiar with visitor visas issued in Mexico but I would question just how long the visa is valid from date of issue. 4+ years is a long time for a visa to be valid. If the visa is still valid, I wouldn't be afraid to have her fly into a US Port of Entry, present her passport and indicate she is coming to visit friends or as a tourist. She should not indicate she has a US Citizen fiance.

If you don't mind, what ARE the terms of her existing visa? For instance what is its period of validity? Is it single or multiple entry? Does it indicate the length of each stay?