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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

itzy
I received my NOA2, I was able to enter the US prior to the acceptance of the K1, we are planning to get married in September, I was planning a week in June or July again to the US, can I enter as a tourist if my fiance visa is already given to me, so that I come back and enter again at the beggining of september but now with the fiance visa, since I have 90 days to get married?


Thanks for your help.

Sal and Jay
QUOTE(itzy @ Apr 14 2008, 08:04 AM) *
I received my NOA2, I was able to enter the US prior to the acceptance of the K1, we are planning to get married in September, I was planning a week in June or July again to the US, can I enter as a tourist if my fiance visa is already given to me, so that I come back and enter again at the beggining of september but now with the fiance visa, since I have 90 days to get married?


Thanks for your help.



f you travel during your k1 it is best to provide proof of ties to your home country, take a look at this link http://www.visajourney.com/forums/index.ph...mp;page=k1visit

With regard to using your K1 visa later I am not sure about this as the visa will be in your passport, maybe someone else can assist with this answer.
motu
If you already have the K1 - the POE will use that for your entry and you will be stuck here. You can't travel on a tourist visa if you have applied for a K1 and /or already have it. Don't chance it. Good Luck
eric_and_teresa
QUOTE(motu @ Apr 14 2008, 09:32 AM) *
If you already have the K1 - the POE will use that for your entry and you will be stuck here. You can't travel on a tourist visa if you have applied for a K1 and /or already have it. Don't chance it. Good Luck


Based on what? There is no written rule that prohibits to travel on a tourist visa while the K-1 is being processed.

OP, you CAN travel on B1/B2 while your K-1 is processing. You CAN NOT travel on a different type of visa once the K-1 is on your passport.

Of course, it is always up to CBP officer to admit you into the U.S. territory while traveling on a B1/B2. Be prepared to show strong ties to your home country and bring a copy of your NOA2.
eric_and_teresa
Hola Itzel! I did not notice it was you smile.gif until now!
So are back home now? You can still visit your fiance with your tourist visa after NOA2.

You can travel in June or July ONLY if your K-1 is not on your passport yet As you've traveled several times to the U.S. you already know that going through the POE is not always easy, but just be prepared to show enough ties to Mexico and bring your NOA2. Be honest but do not offer unsolicited information.

Good luck!
motu
QUOTE(eric_and_teresa @ Apr 14 2008, 10:14 AM) *
QUOTE(motu @ Apr 14 2008, 09:32 AM) *
If you already have the K1 - the POE will use that for your entry and you will be stuck here. You can't travel on a tourist visa if you have applied for a K1 and /or already have it. Don't chance it. Good Luck


Based on what? There is no written rule that prohibits to travel on a tourist visa while the K-1 is being processed.

OP, you CAN travel on B1/B2 while your K-1 is processing. You CAN NOT travel on a different type of visa once the K-1 is on your passport.

Of course, it is always up to CBP officer to admit you into the U.S. territory while traveling on a B1/B2. Be prepared to show strong ties to your home country and bring a copy of your NOA2.


Many people have been denied entry by the POE officer (some have gotten through). Do a search and you will find people from Canada, and several European countries who have been denied entry. Yes you can chance it and then wait for another petition and approval - a waste of 4 to 6 months and $$$. But you can chance it if you feel lucky. Good Luck
eric_and_teresa
QUOTE(motu @ Apr 14 2008, 01:33 PM) *
Many people have been denied entry by the POE officer (some have gotten through). Do a search and you will find people from Canada, and several European countries who have been denied entry. Yes you can chance it and then wait for another petition and approval - a waste of 4 to 6 months and $$$. But you can chance it if you feel lucky. Good Luck


Wait for another petition and approval of what? She does not have to file a new K-1 if she is turned back at the POE while entering on her tourist visa. The entry denial under a B1/B2 has no negative effect on the K-1 visa process. It is well known fact.

Yes, some are turned back, but there are also many cases of fiances who have traveled with a tourist visa or under the VWP while waiting for their K-1 with no problems at the POE. Please note that I'm saying while waiting for the K-1, once the K-1 has been granted, its a whole different story.

There is a HUGE difference saying "some are admitted some are not" than saying "you can not travel under a B1/B2 while waiting for the K-1".

Is it possible to travel under the VWP or with a B1/B2 with a K-1 pending? YES!

Will she be allowed to enter the U.S. at the POE? Well that is risk the OP needs to evaluate. All she has to loose is the money invested on the plane ticket. Her K-1 process wont be at risk.

.
Gaby&Talbert
when the K1 visa is issued they will take her B1 visa away. If you live on a border town and you have a B1 visa you can cross all you want but you can only travel beyond the US checkpoints with an I-94.
itzy
Thank you for responding to me, I just came back from visiting Andy in the US and I had not reviewed the responses, I was able to come in to the US without problem by land this time through Bronswille, it was not hard at all, I followed your suggestion Teresa for not saying anything they dont ask, and everything went very easy. But yes, It seems I cant come in on a B1 or B2 after the k1 is issued.

Thank you all for your help.

Itzel kicking.gif
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