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

[kengumbo 0]

Maybe a better question than "can it be done" is how many have successfully had a fiance visit the US with a K1 application pending,

But each entry is so individualized, how can this be helpful? It varies with the same person/same circumstances/different day.

The important thing to remember, IMO, is that it is not against the law or any unwritten rule. If you are refused entry, it will not harm your K-1 application (your wallet is another story). If you have mostly been living in the US on a visitor's visa, your odds of being turned back raise every entry.

Maybe you are absolutely right that every case is completely individualized and offers little help in determining our own case, but I (being a person who works with numbers) feel that the numbers of those who are in similar (obviously not the same, but at least similar) cases can give us at least an example of what may happen if we were to be in a similar case. I do realize that it could be completely different for another couple. But simply thinking logically and examining the numbers of those who have succeeded in having a non USC visit during K1 pending would help me determine if it is worth the risk of a lost plane ticket or not.

In my opinion, if 95% of non US citizens successfully visit their USC during the application process of the K1 and it causes no delay in the process, then that tells me it may be worth the risk. If that number is more like 25% who are successful (no matter their specific case) that tells me that it just might not be worth the risk.

I could be completely wrong thinking in numbers, but you have to go by something when you are thinking of taking this same risk of either having your non USC visit successfully or wasting even more money on a ticket when they will still be turned away at the border.

I think you are absolutely on target in thinking about the probability of successful entry. And it appears this is what we are dealing with. Some may be comfortable in taking the chance if the probability of success were 25%. Others would not chance the expense and hassle if it were 75%. Unfortunately, I don't think we can gather the statistics to accurately gauge the odds. We only know that visitor may or may not be turned away. There are no hard and fast rules.

In my case, I can visit my fiancé in her country without being at the mercy of some immigration officer who drank too many smoothies last night. I prefer to visit her for the next few months while we wait our turn.

Once again, thanks to all for their input!

[kari lina 0]

I think you are absolutely on target in thinking about the probability of successful entry. And it appears this is what we are dealing with. Some may be comfortable in taking the chance if the probability of success were 25%. Others would not chance the expense and hassle if it were 75%. Unfortunately, I don't think we can gather the statistics to accurately gauge the odds. We only know that visitor may or may not be turned away. There are no hard and fast rules.

In my case, I can visit my fiancé in her country without being at the mercy of some immigration officer who drank too many smoothies last night. I prefer to visit her for the next few months while we wait our turn.

Once again, thanks to all for their input!

Well, I say you're lucky I am the USC fiance who is supporting the other, so ironically while i have the funds I don't have the time off from work. He has the time...and I don't mind offering the funds, but then there is the whole issue that this post is originally about. We just got our interview date, which is totally amazing, great & exciting but it is much later than we expected and now we would love for him to be able to visit me while we're waiting for the interview date to arrive because (like everybody else) we tremendously miss each other. I know we can't get extremely accurate statistics but in asking those who post on here whether they've had a non-USC visit successfully at least gives us some measuring tool.

Karoline

[soon2bmarried! 0]

What about your fiance traveling AFTER a NOA2 has been issued? My fiance has a very important trip to the U.S. planned for June. We could potentially have our NOA2 by this time but one never knows!

Advice? Experience?

[Caladan 19]

...

I would think those 3 things alone would be more than suffice. Why would anyone want to violate any immigration rules while the K-1 is in process? I think we all know the amount of work it takes just for the initial application, jeopardizing it would be pretty insane. I fail to see how a visit could be considered suspicious. Seriously, they know when your finace(e) enters and because they know exactly why (you told them), what is the problem? Even with the worse case scenario, your finace(e) overstays the I-94 expiration date and/or K-1 denied while they are visiting and decides to stay anyway. Then what? You can certainly attempt to file for another type of visa but good luck with that given immigration knew your last entry date and certainly noted why you visited.

...

I think you've answered your own question here. The border people have to decide whether your fiancée is likely to stay. Having you here is a big positive reason to stay. Being committed to doing it legally possibly helps, but as you point out, it's not hard to decide to overstay the I-94 if you have a loved one here in the U.S.

[rika60607 215]

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!

E&K,

what happened when you got denied entering the US? Any consequences at all?

Thanks,

Rika

[rika60607 215]

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!

Here is a quote from VJ guide to answer your question:

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

In other words, it's best if your fiance can prove she will return.

I am in the same or almost the same boat. Filed for K-3 want to go visit my US hubby on tourist visa, but worried about the consequences...

Rika

[kengumbo 0]

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!

Here is a quote from VJ guide to answer your question:

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

In other words, it's best if your fiance can prove she will return.

I am in the same or almost the same boat. Filed for K-3 want to go visit my US hubby on tourist visa, but worried about the consequences...

Rika

Perfect! VJ has the answers for us once again. We may not like the answer, but it seems if your fiance decides to visit the US at any point during the process there is a risk of being turned away.

[E&K 0]

If you say to the POE officer:

1) I am here to visit my Fiance(e)

2) We have filed our K-1 Petition (show NOA1 receipt with A#)

3) Show return airline ticket

I would think those 3 things alone would be more than suffice. Why would anyone want to violate any immigration rules while the K-1 is in process? I think we all know the amount of work it takes just for the initial application, jeopardizing it would be pretty insane. I fail to see how a visit could be considered suspicious. Seriously, they know when your finace(e) enters and because they know exactly why (you told them), what is the problem? Even with the worse case scenario, your finace(e) overstays the I-94 expiration date and/or K-1 denied while they are visiting and decides to stay anyway. Then what? You can certainly attempt to file for another type of visa but good luck with that given immigration knew your last entry date and certainly noted why you visited.

Yeah...I've read the common answer "Just don't tell them you are their finace(e)". I won't get into that debate....I want to be truthful and certainly will do nothing to jeopardize our K-1 visa process OR cause any issues that would cause them to invalidate her US Tourist Visa.

I realize the SAFEST thing to do is just wait the 6+ month process and visit her when I can, but I only have so much vacation time. Given she already has a valid US Tourist Visa and the ability to visit me thanks to proximity/airlines, I'd like to utilize this benefit if possible...hence the reason why I hoped anyone here could submit their experiences

I think I can answer your question:

The one and only time that I was denied an I-94 at the border (not denied entry, I was still allowed to remain within the 25 mile border area), was the ONLY time I mentioned my intentions to come and visit my fiance. He was standing right next to me and explained to the officer that he was ready to file the I-129F for me (he actually had the folder with him with all the paperwork). I had my roundtrip plane tickets with me, bank statements, paychecks, etc. with me too and nothing was good enough for him. He even threatened us with taking my visitors visa from me because I had "immigrant" intent. He was typing in the computer all the time and also took my fingerprints, so I know the incident was in the system. Me and my fiance explained to him that we had all the intentions of getting the right visa for me to move here, but nothing worked. 30 days later I took a flight from Monterrey to Houston and I was given a 6-month I-94 with no questions asked. At that point we already had my NOA1 for the I-129F, so they knew about the application at the POE, and my fiance was standing next to me when they processed the I-94, but we did not mention that he was my fiance this time though. I wasn't asked, so I didn't volunteer the information.

E&K,

what happened when you got denied entering the US? Any consequences at all?

Thanks,

Rika

Hi,

Nope, no consequences at all. I was able to get two I-94's approved for 6 months each later in the year (one in April and another one in September) to come and visit while my I-129F was in process, and I even got my K1 visa with no questions asked about that. I do have several visits to the US in my immigration records though, since I lived in a bordertown sometimes I would come to the US several times a week or a day even, so I think that helped.

[E&K 0]

One thing I need to add is that I probably didn't have any problems getting the visa after my border incident because mine wasn't exactly a "denied entry". Since (most of) our visas in Mexico are border crossing cards too, we get to stay within the 25 mile border limit even if we are denied the I-94 to go beyond that area. As long as they don't specifically send you back of course.

[Boiler 45,553]

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!

Here is a quote from VJ guide to answer your question:

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

In other words, it's best if your fiance can prove she will return.

I am in the same or almost the same boat. Filed for K-3 want to go visit my US hubby on tourist visa, but worried about the consequences...

Rika

Perfect! VJ has the answers for us once again. We may not like the answer, but it seems if your fiance decides to visit the US at any point during the process there is a risk of being turned away.

Not quite:

We may not like the answer, but it seems if your fiance decides to visit the US there is a risk of being turned away.

Is more accurate.

I visited. many do without issue.

[elguevon 16]

Thanks for all the replies...I figured this was a common question and I do realize there is section in the K-1 Guide that specifically addresses this.

My main goal of this thread was to get RECENT, ACTUAL POE experiences from people that have (successfully or unsuccessfully) attempted to have their finace(e) visit DURING the K-1 process (spanning the date of NOA1 through the final visa approval). Sometimes the threads, while applicable, can be dated and maybe some more recent experiences and/or insight is beneficial. Thanks again for the replies!

[elguevon 16]

The one and only time that I was denied an I-94 at the border (not denied entry, I was still allowed to remain within the 25 mile border area), was the ONLY time I mentioned my intentions to come and visit my fiance. He was standing right next to me and explained to the officer that he was ready to file the I-129F for me (he actually had the folder with him with all the paperwork). I had my roundtrip plane tickets with me, bank statements, paychecks, etc. with me too and nothing was good enough for him. He even threatened us with taking my visitors visa from me because I had "immigrant" intent. He was typing in the computer all the time and also took my fingerprints, so I know the incident was in the system. Me and my fiance explained to him that we had all the intentions of getting the right visa for me to move here, but nothing worked. 30 days later I took a flight from Monterrey to Houston and I was given a 6-month I-94 with no questions asked. At that point we already had my NOA1 for the I-129F, so they knew about the application at the POE, and my fiance was standing next to me when they processed the I-94, but we did not mention that he was my fiance this time though. I wasn't asked, so I didn't volunteer the information.

In the eyes of the POE official SAYING you are going to turn in the K-1 paperwork (filled out or otherwise) vs. actually having an NOA1 receipt to present to them (proving the paperwork is already filed) I'd hope would be treated completely different as to burden of proof.

So once you have your NOA1 its 100% certain that the POE official knows about the pending I-129F because when they scan your finance(e)'s tourist visa that information is already recorded/correlated into their computer systems? I mean I'm not surprised, but can anyone confirm this?

[Boiler 45,553]

Judging from the many threads on this subject I have seen, I believe it does not make any difference, I thought it should but am being too logical.

I often wondered if they do have that data, another question that has been asked, never seen it answered. I am inclined to think they do not, but would not want to risk relying on that.

Edited March 22, 2007 by Boiler

[blspicer 0]

Thursday (the 29th) i'm going to see my fiance` in England and then on the 10th we're coming back here together so I'll be going through customs over there and he'll be going through customs here in NC. I'll let everybody know how it goes. I'm nervous about it already, mainly for him, i don't think i'll have a problem. Fingers crossed.

[KarAndy 0]

After reading these threads, I'm more confused than when I started. My fiancee is leaving Finland to visit me for 2 weeks tomorrow(!). She has documentation (letter from work, rent agreement), but I'm not sure of how much information she should "volunteer". She suggested telling the CO she'd just be visiting a friend, but I advised her to give the answer of fiance.

Why the *!#% does this have to be so difficult?