Visitor's visa while K1 pending

[MPGGPM 0]

I have never tried it to know first hand but they don't mind if the US citizen visits his/her foreign fiancee but If there is a K-1 pending and the foreign fiancee enters the country on a tourist visa they belive the real object of the trip was to visit the fiancee and not to be a tourist. Therefore it is immigrtion fraud and grounds for denial and banning. I am sure if the case could be established that the purpose of the trip really was as a tourist and that they were not going to visit the fiancee then they would not have a problem.

Never did it to know for sure but that is the word that floated up to my ears.

That's just not correct. It is NOT fraud. Entering on a tourist visa could be for a variety of reasons, one of which could be to visit your fiance or spouse. About the only way a person would be "banned" or face "fraud" charges is if they , at the POE, lied at about their reason for visiting when asked, and misrepresented themselves/gave false information.

It is NOT immigration fraud to visit a spouse on a tourist visa. That's not correct information........and in fact, when I went to the consulate to ask for the tourist visa while our CR-1 was processing, the VERY reason I gave to them for my wife to obtain one, was for her to visit me. They knew full well our intentions and reasons for wanting one.

And they gave it to us...........

Whoever gave you your information in the past...or wherever you go it.......was just plain wrong.

[slim 1,525]

I have never tried it to know first hand but they don't mind if the US citizen visits his/her foreign fiancee but If there is a K-1 pending and the foreign fiancee enters the country on a tourist visa they belive the real object of the trip was to visit the fiancee and not to be a tourist. Therefore it is immigrtion fraud and grounds for denial and banning. I am sure if the case could be established that the purpose of the trip really was as a tourist and that they were not going to visit the fiancee then they would not have a problem.

Never did it to know for sure but that is the word that floated up to my ears.

That's just not correct. It is NOT fraud. Entering on a tourist visa could be for a variety of reasons, one of which could be to visit your fiance or spouse. About the only way a person would be "banned" or face "fraud" charges is if they , at the POE, lied at about their reason for visiting when asked, and misrepresented themselves/gave false information.

It is NOT immigration fraud to visit a spouse on a tourist visa. That's not correct information........and in fact, when I went to the consulate to ask for the tourist visa while our CR-1 was processing, the VERY reason I gave to them for my wife to obtain one, was for her to visit me. They knew full well our intentions and reasons for wanting one.

And they gave it to us...........

Whoever gave you your information in the past...or wherever you go it.......was just plain wrong.

I notice that your visitor visa was granted through somewhere other than Moscow. Please find someone, ANYONE, on VJ or anywhere in the world that visited the U.S. through Moscow while a K-1, K-3, CR-1, etc., was processing.

Standing by......

[MPGGPM 0]

I have never tried it to know first hand but they don't mind if the US citizen visits his/her foreign fiancee but If there is a K-1 pending and the foreign fiancee enters the country on a tourist visa they belive the real object of the trip was to visit the fiancee and not to be a tourist. Therefore it is immigrtion fraud and grounds for denial and banning. I am sure if the case could be established that the purpose of the trip really was as a tourist and that they were not going to visit the fiancee then they would not have a problem.

Never did it to know for sure but that is the word that floated up to my ears.

That's just not correct. It is NOT fraud. Entering on a tourist visa could be for a variety of reasons, one of which could be to visit your fiance or spouse. About the only way a person would be "banned" or face "fraud" charges is if they , at the POE, lied at about their reason for visiting when asked, and misrepresented themselves/gave false information.

It is NOT immigration fraud to visit a spouse on a tourist visa. That's not correct information........and in fact, when I went to the consulate to ask for the tourist visa while our CR-1 was processing, the VERY reason I gave to them for my wife to obtain one, was for her to visit me. They knew full well our intentions and reasons for wanting one.

And they gave it to us...........

Whoever gave you your information in the past...or wherever you go it.......was just plain wrong.

I notice that your visitor visa was granted through somewhere other than Moscow. Please find someone, ANYONE, on VJ or anywhere in the world that visited the U.S. through Moscow while a K-1, K-3, CR-1, etc., was processing.

Standing by......

Okay.....and then in the meantime, you find some article, some document or law etc..... that says that it CAN'T be done......or has never been done before.

Standing by.......

Edited March 17, 2007 by MPGGPM

[Thomas-n-Elena 0]

I'm beginning to wonder if our approved paperwork has gotten lost somewhere between the NVC and Moscow! I got this e-mail from the NVC on March 2:

Dear Sir,

The visa petition you mentioned in your inquiry has recently been

forwarded to the US Embassy/Consulate General. Please allow 10-15 business

days for the Embassy/Consulate General to receive the petition

Any further inquiries should be directed to the assigned US Embassy or

Consulate General.

Case Number: MOS2007------

Beneficiary's Name: XXXXXXXXXXXX,EKATERINA

Preference Category: K1

Your Priority Date: 17Nov2006

Foreign State Chargeability: RUSSIA

U.S. Embassy/Consulate: AMERIKANSKOYE POSOL'STVO

KONSYL'SKIY OTDEL, NOVINSKIY BUL'VAR

19/23

121099 G. MOSKVA

RUSSIA

Traveling Applicants:

NAME DOB POB

XXXXXXXXXXXX,EKATERINA --Jun---- RUS

Regards,

National Visa Center

EAC

Then I got this e-mail from the Embassy this morning:

As of today, we have not received the case from NVC and suggest that you contact us in 1-2 weeks for updated info

Sincerely,

Public Liaison Unit

Consular Section

US Embassy, Moscow

I'm not panicing yet or anything like that, but it seems odd that it would take more then 2 weeks to get to Moscow.

When our paperwork was forwarded it took close to 4 weeks. Funny thing is when I saw that our case had been forwarded I wrote a letter to Elena, they raced to Russia, letter sent US airmail received in 8 days, package sent through immigration process 3 and 1/2 weeks. Basically all the packages go from DC to New Jersey to the AFPO (armed forces post office) and they sit there for awhile until there is enough to fill a crate or package or something and then they go for a plane ride, sit in a special customs area until they are cleared, they go to the embassy where one little 80 year old man carefully reads the name and sorts out which case goes where. The list of transfers is compared to the list of received cases and it is double checked and then the list goes back to washington so USCIS can update their website. Be patient they dont get lost they get wished across the ocean. Good luck everything will be fine

[Turboguy 6]

My information was just based on spending way too much time here and reading way to many posts. I won't say I can't be wrong and that is is possible for a fiancee to visit but I am fairly sure I recall one case even where she got the tourist visa and said as she came through customs that the purpose of her trip was to visit her fiancee and she found herself on a plane back home.

My observations for what little value they are totally agree with Slim. I have only seen one case of a fiancee from Russia successfully visit her SO in the USA and in that case it was real nip and tuck at immigration.

[Satellite 1]

I have only seen one case of a fiancee from Russia successfully visit her SO in the USA and in that case it was real nip and tuck at immigration.

You keep missing the point. She wasn't sent back on the plane because she came to "visit" her fiance. She was sent back because she was unable to prove non-immigrant intent. The officer thought she was not here to see her fiance but here to stay forever. Edited March 17, 2007 by Satellite

[Turboguy 6]

I have only seen one case of a fiancee from Russia successfully visit her SO in the USA and in that case it was real nip and tuck at immigration.

You keep missing the point. She wasn't sent back on the plane because she came to "visit" her fiance. She was sent back because she was unable to prove non-immigrant intent. The officer thought she was not here to see her fiance but here to stay forever.

Sorry Satelite, I was aware of that but perhaps just did not word my response very well. You do run that risk anytime you are coming to the USA to visit your fiancee. I highly doubt if you went into the embassy for an interview and said you wanted to visit your fiancee that you would get a visa even if you had family, a job and property because they would fear exactly that. Same thing on immigration. If you are at the POE and say you are visiting your fiancee you may have some problems. I am sure some sail right through. So much of what we deal with in the K-1 process depends on people decisions which are never totally predictable.

Yes, if you apply for a tourist visa and say you always wanted to go to disneyland you may get a visa. Yes, if you are entering and say you are going to disneyland you may get in. Still if they pick up that there is a K-1 pending there is risk.

[MPGGPM 0]

I highly doubt if you went into the embassy for an interview and said you wanted to visit your fiancee that you would get a visa even if you had family, a job and property because they would fear exactly that. Same thing on immigration. If you are at the POE and say you are visiting your fiancee you may have some problems.

Did you see this part of the weblink(below) I provided in the earlier post? The fiancee actually admitted to the interviewer at the Moscow consulate they she was going to be visiting her fiance in the USA, that they had been engaged for 2.5 years, that she intended to eventually immigrate to the USA, and that she had future plans to file for a K-1. Regardless of all that....they STILL gave her the tourist visa.

It really just all depends on... 1) Your story, proof of ties, and how well you can convince the consulate that you will return 2) Who interviews you 3) Maybe a little luck/alignment of the stars that day etc...

(bringing a good rabbit's foot along might not hurt either)

I am sure the same holds true when that person arrives in the USA at the POE.

She told me that he asked her if she planned to stay in America. She answered "Yes" Then smiled at him and told him it would not be on this trip. She was going to see what america was like and then we would submit the K-1 visa papers when she returned. He asked how long we had known each other and been engaged (2.5 years) He seemed impressed by it. He then congratulated her and told her that he looked forward to seeing her at the K-1 interview. Whole thing lasted 5 minutes and she was out of there.

[slim 1,525]

Where did that come from?

I remember someone getting a tourist visa on here ONE time. However, that was not while their K-1 was processing, nor was the aforementioned. I honestly don't know if it's against the law (Satellite is the legal guru on this thread) but I do know the law basically says if you're intent is to immigrate, you're not getting a tourist visa. A tourist visa is for "visiting" only. Even a K-1 is not technically an "immigration" visa.

I have yet to see someone (RC) be granted a tourist visa to the U.S. with intent to immigrate, or while another visa is actually processing. I've even heard the green card lottery can mess up chances for a tourist visa because the applicant has previously cited intent to immigrate. That's another visa gray area. Still though, bottom line, I have yet to see one single person on VJ or anywhere else that has been granted a tourist visa while a K-1 is processing.

[gearheadgeek 1]

You are talking about a B-2 visa, which is variously referred to as "tourist" or "visitor".

Off the government web sites:

"Applicants for visitor visas must show that they qualify under the provisions of the Immigration and Nationality Act. The presumption under law is that every visitor visa applicant is an intending immigrant."

The Immigration and Nationality Act does not address K-1 pending visits. What the above quote says is that you have to prove you don't plan to stay if you want a B-2. It is harder to convince the consulate that you don't plan to stay if you have a K-1 pending. But if you can, you should get a B-2 visa. Note that (also off embassy web sites) you can be turned back at POE even if you have a valid visa. Again assumption of guilt and the required proof of innocence.

Edited March 19, 2007 by gearheadgeek