Can you visit U.S. while applying for K-1 visa?

[kyk503 0]

Like the title says, is it "safe" to visit United States on a tourist visa while the K-1 visa is in process? My fiance has heard some rumors relating to this, but ideology doesn't make sense to me.

Please clarify for us.

Thank you

[Ash.1101 1,756]

You can as long as you make sure to provide proof that you intend on returning to your home country, or your fiances home country, which ever one is the visitor.

They can though, still turn you away even if you have proof that you intend on returning back to your home country, even if you feel the evidence is sufficient.


Things like a job contract, a home lease, some proof that the foreign fiance has plans that are solid to return back to their home country, something showing they have strong ties and won't just stay in the US.

[SunflowerSweet 1,321]

Title of the thread answers your question, and you can find more details here.

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

You can visit, but your visit will mostly likely be scrutinized. People have been turned away before if CBP officers felt there was a reasonable amount of risk that the visitor would not return to his/her home country when their stay is up.

Shorter visits are better. Make sure you have a return flight booked and can present documentation of this if asked.

You are encouraged to bring along documentation that proves you have ties to your country and therefore your incentive to return as planned is higher. For example and employment letter showing you have a job in your home country, and current loans/leases/credit cards you have in your home country, rental agreements, etc.

Things such as the amount luggage you are bringing with you can play into the decision too. Do not over-pack. Some suggest shipping any extra items separately to your destination through Fed-Ex or a similar service.

All of this is explained in the thread fairly well, so I am just being redundant at this point. Good luck!

[Sunya and Tim 55]

My husband (fiancé at the time) always carried a copy of our K-1 paperwork in addition to some of the items above including copies of the NOA1 and NOA2 after we received them. It showed that we understood the process and were following the rules.

[squirrelisan 23]

Like the title says, is it "safe" to visit United States on a tourist visa while the K-1 visa is in process? My fiance has heard some rumors relating to this, but ideology doesn't make sense to me.

Please clarify for us.

Thank you

So I'm assuming you understand that as somebody coming from South Korea, they are part of the Visa Waiver Program that allows this "loophole" to be used. Citizens from other countries, where a tourist visa is required for entry, this won't work.

First, yes it is "safe" and my wife has done it twice while we were waiting for our CR-1.

I think you may be stuck on the same thing I was, in that why would it be ok to enter the U.S. on tourist visa, when you're waiting for the U.S. to approve you coming into the country, under another visa type? And I have to agree that this doesn't make sense in a way. It's like saying "hey friend, I'm interested in buying your house that's on sale and I'm committed to going through all the proper legal motions....but first I'm just going to come during your open house, and squat in your bedroom for a few days". Who does that?

Apparently the VWP doesn't have a clause that says tourist visas can't be issued if there is already a pending visa application (I think). But even if there was, it's not being enforced, as long as you play by the rules. Most people on VWP and a pending K-1/CR-1 app are likely to follow the rules, and get approved. So USCIS has no need to be douches about this and let it slide for the most part. They know wait times are long, and usually last well past the 3 months of the VWP. So as long as you come and go under the rules of the VWP, I think they overlook the fact that you are technically in the country on one visa, while waiting for another to be approved.

The concern of USCIS is illegal immigrantion and fraud. They don't want people entering the country who don't care about entering (and staying) legally. So if you show up with 4 suitcases full of clothes, you're probably going to be turned away because you are showing signs of moving in, instead of just visiting. Most people with a pending K-1/CR-1 just come and go without even a question from USCIS, but in case they do, you have to prepared to show that you are planning, capable, and motivated to return to your home country within 3 months. The other thread somebody else mentioned here go through all the different types of documentation you should bring with you. But this has been done thousands of times over many many years, and will not jeopardize your K-1 (unless you overstay, violate some other rules of the VWP, or commit a crime, or something like that).

One caveat...if your K-1 gets approved while you are visiting on the VWP, you have to leave, then come back on that newly issued K-1 visa. You can't just stay here and get "converted" as far as I know.

[CJ1226 0]

Yes, you can visit the US while waiting for your K-1 visa to come through. My wife (then fiancee) is a Korean national and visited me in the summer while we were still waiting on her K-1 visa. She got through custom no problem whatsoever; she was only asked a few quick questions before being admitted. That said, it's still best to have a return ticket on you or something that shows ties to your home country just in case.

Edited December 13, 2015 by CJ1226

[MADDEN 40]

I travelled to the States on the VWP while my K1 was pending and I had no problems what so ever. I was asked the purpose of my trip to which I replied to see my fiancé. I wasn't asked for any proof that I would be returning home.