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Can you apply for tourist while you are waiting for your fiancee visa

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Filed: AOS (apr) Country: Philippines
Timeline

Of course you can apply... non-immigrant intent however is more difficult to overcome because you have declared immigrant intent as a result of your K-1 petition.

YMMV

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Filed: Citizen (pnd) Country: England
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You will most likely be wasting $100 in applying for a tourist visa. I have only ever heard of 1 tourist visa approval whilst K1 was in process. They will tell you that since you have intent to immigrate they cannot approve your tourist visa.

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Filed: AOS (apr) Country: Philippines
Timeline
You will most likely be wasting $100 in applying for a tourist visa. I have only ever heard of 1 tourist visa approval whilst K1 was in process. They will tell you that since you have intent to immigrate they cannot approve your tourist visa.

Since every applicant is presumed to have immigrant intent (declared or not) based on what you said then they could not approve any tourist visa. What becomes more difficult is overcoming this presumption.

It can be done. It has been done. Many have tried. A few have succeeded, however, many have failed.

YMMV

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Filed: Citizen (pnd) Country: England
Timeline
You will most likely be wasting $100 in applying for a tourist visa. I have only ever heard of 1 tourist visa approval whilst K1 was in process. They will tell you that since you have intent to immigrate they cannot approve your tourist visa.

Since every applicant is presumed to have immigrant intent (declared or not) based on what you said then they could not approve any tourist visa. What becomes more difficult is overcoming this presumption.

It can be done. It has been done. Many have tried. A few have succeeded, however, many have failed.

As when dealing with any "rule", there are exceptions. In this case very, very few.

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Filed: Citizen (apr) Country: Guatemala
Timeline

My fiance and I are still deciding if I should apply or not for a tourist visa at this moment, our petition has been approved and I'm waiting for my interview date to be re-scheduled. As fwaguy said, we can always try but who knows if we'll get it or not.

If we decide to apply for a tourist visa, I'm planning to be completely honest, and bring my NOA2 and my interview letter to prove that I'm going to come back home to finish the K-1 process, all we want is to spend Christmas together! I've have had 2 tourist visas for the last 12 years, and traveled back and forth many times, so I'm hoping that will help too!

Let me know if you decide to apply for the tourist visa and how that goes!

By the way... my name is Teresa too ;)

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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Filed: AOS (pnd) Country: Switzerland
Timeline
My fiance and I are still deciding if I should apply or not for a tourist visa at this moment, our petition has been approved and I'm waiting for my interview date to be re-scheduled. As fwaguy said, we can always try but who knows if we'll get it or not.

If we decide to apply for a tourist visa, I'm planning to be completely honest, and bring my NOA2 and my interview letter to prove that I'm going to come back home to finish the K-1 process, all we want is to spend Christmas together! I've have had 2 tourist visas for the last 12 years, and traveled back and forth many times, so I'm hoping that will help too!

Let me know if you decide to apply for the tourist visa and how that goes!

By the way... my name is Teresa too ;)

For info, my fiancee is currently with me in Los Angeles (originally for 3 months but her interview is in 10 days...) but being from Switzerland, she came via the Visa Waiver Program (EU countries + few others) and wasn't given any trouble thru immigration. It was the 2nd time she came via VWP since we applied and the first time was pretty much the same.

It is very likely different when you have to apply for a tourist visa in your country if it is not part of the VWP.

Stephan

Edited by bozzo

Our AOS Timeline:

01/24/08 Sent AOS, EAD, AP Documents

02/01/08 $1010 check cashed

02/07/08 Receipt Notices for all 3 applications with MSC numbers

03/14/08 AP approved

03/28/08 AP in hand

and waiting...

Our K-1 timeline:

05/08/07 I-129F Received

10/10/07 reception of NOA2

11/05/07 case sent by NVC to Bern (31 days since NOA2). Sibylle will be contacted once they physically receive the file. Getting prepared for the interview...

11/26/07 Interview scheduled PASSED!!!

11/30/06 Visa in hands!!!!!!!

...

10/20/07 Sibylle lands at LAX for good (aside for a round-trip to Bern for the interview when it eventually comes) on a 3 months VWP...

12/09/07 Sibylle lands back in LA

12/24/07 Administrative marriage in the US!!

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Filed: Citizen (apr) Country: Guatemala
Timeline
It is very likely different when you have to apply for a tourist visa in your country if it is not part of the VWP.

Stephan

You're right! We're still pondering the possibility.

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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According to websites citing the Foreign Affairs manual, A B-2 visa may also be issued to an alien fiancée for the following reasons:

1. Simply to meet the fiance(e)'s family;

2. To become engaged;

3. To make arrangements for the wedding;

4. To renew a relationship with the prospective spouse; provided the consular officer is satisfied the fiance(e) intends to return to his or her residence abroad.

My fiancée applied for a B2 while my petition was in process and there was no problems at all. In my invitation letter, I explicitly stated that I wasn't going to marry her during her B2 visit, and we were very straightforward and honest about everything. I can give you a copy of my invitation letter if you want.

I'd say, go for it. Each case is different and it likely varies most by embassy, but lots of people have successfully gotten a B-2 under these circumstances.

Love timeline:

??? 2003 -------> Started chatting regularly, became good friends

Nov 2004 -------> Fell in love

Jan 2006 -------> Met (in person) for first time

Apr 2008 -------> Wedding

Jun 2008 -------> Closed on house together

K-1 timeline:

Jun 11, 2007 -------> I-129f sent

Mar 20, 2008 -------> Visa in hand

AoS/EAD/AP timeline:

Apr 26, 2008 -------> Wedding

Apr 28, 2008 -------> Filed (forms mailed)

Apr 30, 2008 -------> Forms received by USCIS

May 06, 2008 -------> Cashed check posted to account

May 10, 2008 -------> NOA1 received for EAD, AP, and AoS

May 10, 2008 -------> Biometrics appt date received

May 28, 2008 -------> Biometrics for EAD & AoS

Jun 11, 2008 -------> AoS case transferred to CSC

Jul 05, 2008 -------> AP Approval

Jul 09, 2008 -------> EAD approval

Jul 14, 2008 -------> EAD and AP received

Jul 17, 2008 -------> AoS approved (card production ordered)

Now for my obnoxious signature Meez©:

0605_10033471973.gif

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This is just from personal experience, just make sure that you dont overstay the WVP limit. we did by accident and I got port parolled for a 30 day stay. 7 hours in customs and only because of our filing our I-129F I got port parrolled.

The officer that dealt with me had said that sometimes they will query prolonged continious use of a WVP as it looks like you are attempting to live in the US. it was on my third use of a WVP and was told regardless of the overstay I would still have had my WVP stay reviewed by higher up officer and it would have been his/her disgression weather to admit me to the US, Deport or Port Paroll. We were told that if I really needed to visit again as I'm not allowed to use the WVP anymore, I could get a B2 visa without any trouble just to take any documents from the USICS (and in my case Customs) and truthfully declare your intent of visit.

Again this is just what happened to us, it all depends on the officer at customs weather to send you to secondary for review or not (or if his/her computer flags something up).

for refrence for anyone else the list of countries that are currently participating in the Wisa Vaiver Program:

Andorra, Iceland, Norway, Australia, Ireland, Portugal, Austria, Italy, San Marino, Belgium, Japan, Singapore, Brunei, Liechtenstein, Slovenia, Denmark, Luxembourg, Spain, Finland, Monaco, Sweden, France, the Netherlands, Switzerland, Germany, New Zealand and United Kingdom

Good Luck with meeting up for Christmas! I really hope you do get to :)

Gemma and Paul - Our Timeline

05/17/2007 - K1 Visa app sent in

05/30/2008 - K1 Visa Interview, approved but suspended pending on new police report, sent new report in 2 days later along with my passport to the embassy

06/10/2008 - Passport delivered to the house with nice visa page stuck inside yipeee!

06/20/2008 - arrived in US

08/02/2008 - tied the knot

08/11/2008 - applied for AOS and EAD

09/11/2008 - NOA arrived for both

09/30/2008 - Biometrics

12/20/2008 - Interview Letter arrived

12/23/2008 - EAD approved!

12/29/2008 - EAD card ordered

02/11/2009 - Interview APPROVED!

02/25/2009 - Green Card in hand!

11/15/2010 - ROC I-751 filed

11/17/2010 - Delivery confirmation for I-751

11/27/2010 - NOA1 (dated 11/17/2010)

12/28/2010 - Biometrics

02/16/2011 - Approval/card production email

02/23/2011 - Ohh ahh.. 10yr card arrived

2011-2017 - vacations, baby boy born in 2014, more vacations, finally remember I could file for Citizenship 5 yrs ago!

01/20/2017 - N400 filed

01/30/2017 - N400 returned with amendments needed

01/31/2017 - N400 resubmitted

02/14/2017 - NOA (dated 02/09/2017)

03/03/2017 - Biometrics 

03/07/2017 - In line for interview
08/21/2017 - Interview letter received 
09/22/2017 - Interview date - Approved

10/17/2017 - Oath Ceremony 

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