Can a K-1 visa holder come on tourist visa to visit U.S.?

[osakaben3000 0]

My Fiance is Japanese, and I just got the NOA2 yesterday. We've set our wedding date for July 2008 here in the U.S., but she would like to visit me here for a few weeks in March. I gather from the posts here and on the government sites that she can come pretty freely while her visa is being processed.

(please tell me if I'm wrong on that)

But, what if the k-1 is issued before she wants to visit here? As a Japanese citizen she can come to the U.S. as a tourist without a visa, but if the K-1 visa is already in her passport, does she have to use that one?

I'd appreciate any advice you guys have to give; the more I look at the government sites, the more confused I get!

Thanks,

Ben

[Jesse and Hema 2]

My Fiance is Japanese, and I just got the NOA2 yesterday. We've set our wedding date for July 2008 here in the U.S., but she would like to visit me here for a few weeks in March. I gather from the posts here and on the government sites that she can come pretty freely while her visa is being processed.

(please tell me if I'm wrong on that)

But, what if the k-1 is issued before she wants to visit here? As a Japanese citizen she can come to the U.S. as a tourist without a visa, but if the K-1 visa is already in her passport, does she have to use that one?

I'd appreciate any advice you guys have to give; the more I look at the government sites, the more confused I get!

Thanks,

Ben

I'm hoping so. My fiancée is (tentatively) planning to come on the B-2 after she gets her K-1 to do wedding planning and whatnot. Jumping on this thread to see what responses are from people who are more certain about this topic than I.

[Dan J 277]

As far as i know, you would end up using your K-1 in the process.

[~Nini~ 2]

I've heard that a few people have successfully managed to travel into the US without using their K1 visa. However, those are really rare cases and it's ultimately up to the immigration officer to make the final decision.

Seeing as how you have 6 months to activate the K1 visa and another 90 days to actually get married, you can always take that route if you want to make any big plans for the wedding.

[Jesse and Hema 2]

I've heard that a few people have successfully managed to travel into the US without using their K1 visa. However, those are really rare cases and it's ultimately up to the immigration officer to make the final decision.

Seeing as how you have 6 months to activate the K1 visa and another 90 days to actually get married, you can always take that route if you want to make any big plans for the wedding.

Just to make sure I am clear.. the immigration officer can and may force her to use the K-1 instead of the B-2 when she enters?

[~Nini~ 2]

Just to make sure I am clear.. the immigration officer can and may force her to use the K-1 instead of the B-2 when she enters?

I'd assume so. Either that, or the other option would be that they'd deny her entry if she didn't want to use her K1 visa - this is just a guess though, since I don't have personal experience.

[TL&IS 0]

My fiancee's tourist visa was canceled on the spot during the K1 visa interview. So she has to use her K1 visa to come to the US.

[Singers 0]

Yes they can force her to use the K-1. Technically when you enter on a tourist visa you are not supposed to have any intent to immigrate. Obviously if she's holding a K-1 visa that is not the case. The officer at POE can 'have a heart' and let her in to the country to plan her wedding but this is not necessarily going to happen.

Basically you would be asking the officer at POE to turn a 'blind eye' to her immigrant intent....

[Jesse and Hema 2]

Yes they can force her to use the K-1. Technically when you enter on a tourist visa you are not supposed to have any intent to immigrate. Obviously if she's holding a K-1 visa that is not the case. The officer at POE can 'have a heart' and let her in to the country to plan her wedding but this is not necessarily going to happen.

Basically you would be asking the officer at POE to turn a 'blind eye' to her immigrant intent....

I guess I'm not surprised that they CAN, but wasn't expecting them to. Perhaps it's wise not to bet on that happening. We're just waiting for the K-1 visa to pan out currently. Thank you for the input

[Krikit 1,164]

This is a question we specifically asked of the Consulate officer. We were told that it is not policy to require a visa holder to use the visa at POE, however, it is completely up to the officer at that POE as to whether they will compel you to do so or not. My own experience is that I have visited the US with the visa in my passport. When I was questioned about it I told them that I was not intending to use it until my house was sold and I had resigned from my job. I was allowed through but I could see that it made them very nervous. I would not advise anyone to try this from any other country but Canada. If you do, be prepared to be turned back or to use the visa at POE. Good luck.