travel on tourist visa after filling the petition for K1

[jackieandkathy 0]

hello !

does anyone know ... is it OK for me to travel on a tourist visa (a 10-year multiple entry visa granted several years ago) after my fiance filed his K1 petition in the US ?

will I get denied from entering the US ?

[jackieandkathy 0]

just to add that ... I just wanna spend a short vacation with my fiance in the US and will definitely return to my home country after the vacation. have no intentions to stay long in the US before I get my K1 visa !

[Jaylen Brit 1]

Which country are you travelling FROM?

[jackieandkathy 0]

actually we are planning to file petition in 1-2 months ... so got no timelines at all ... sorry for that

we just worried that once filed the petition, I cant travel to the US on a tourist visa anymore

is it the case ?

I am from Hong Kong, China !

actually we are planning to file petition in 1-2 months ... so got no timelines at all ... sorry for that

we just worried that once filed the petition, I cant travel to the US on a tourist visa anymore

is it the case ?

I am from Hong Kong, China !

[JEDI 0]

test

[wodengdaini 0]

back door test only.

back door test only.

[digbeezgrl 0]

Yes, you can travel on a tourist (90 day) visa after petition is filed. My fiance has visited twice since our filing. However, you must be careful how you answer questions at your Point of Entry. They may ask if you have any other visa's in process. If you travel after you've filed, you must tell them you have a K1 in limbo.

At this, you will have to show documetation that proves you will be returning to your home country. Such as, a letter from your employer, your rental lease, etc. Somehow you must prove that you will not try to stay. They may or may not believe you.

I think it probably also makes a difference how long your vacation will be. I am currently trying to get Sean over here for the entire summer, and I've been told that this may raise a few flags with customs. He will have to show undoubted proof of his intent to return to England.

Hope this helps!!!

[Jaylen Brit 1]

It DOES depend on the country of origin - those of us lucky enough to be able to use the VWP get a few more breaks I think as to ease of travel - people from other countries - especially those tagged as 'high risk for illegal stay' do not enjoy the same freedoms.

OP - you might be better off posting your query in the Regional discussion thread for China and finding out what others have experienced as far as using a valid B1/B2 while K1 is under process.

The thing is you DO have immigrant intent - as you have a K1 pending - and this might be enough to deny entry; but check in the Regional area to see how many managed a successful trip.

[Ladylethal 12]

It will depend on a lot of things, on how well you can prove you'll go back to your country, on your country of origin, on your POE of choice, on the mood of the official at POE at the moment of entry, etc. But it's not forbidden.

[jackieandkathy 0]

Thanks for all of you !

I do think it's somehow risky for me to do that ... will try to figure out if I can do it another way.

Really THanks

[Ladylethal 12]

It's only truly risky in the sense of being turned back at POE and losing the ticket money.

[elizaxyz 0]

It's only truly risky in the sense of being turned back at POE and losing the ticket money.

Being turned back will also give you something to explain at the consular interview, as the forms in Packet 3 ask if you've ever been denied entry into the US and to explain the circumstances. My fiance came to visit on a visa waiver after we got the NOA2, and I was tense until I actually saw him at the airport. I'm going to be visiting him until the visa comes through; even though everything went smoothly with his visit here, I'm not going to press my luck, especially since I am in IMBRA limbo at the moment.

[jackieandkathy 0]

yes ... I also dont wanna take the risk.

It will be more difficult for me to go through the whole process of K1 if I really get denied entry.

maybe just give up the plan of going to the US after filing K1.

[Ladylethal 12]

Being denied at POE won't exactly mean you'll have trouble at the interview either. If that was the case she could simply say "I tried to visit him during the K1 'cus it was taking long and got denied." I don't see a problem, especially the reason she'd be denied is for being honest and telling them she was under a K1 process.

[scumpi 0]

Here`s what happened to me,I just let you know and it`s up to you to take your own decision.It depends on many things how a POE experience turns out but it can be very frustrating when it turns out like mine,especially when you`re ``clean``.

This was my repply in another thread:

``I wouldn`t advise you to take that risk.They suspect you of trying to get married on a tourist visa even if you don`t have that intent and I`m going to tell you a little of my own experience just to let you know how the american immigration system can screw you up very seriously in some cases.Here is mine:I had a multi tourism visa B1/B2 (multiple entries that is) which I had already used two times(successfully) to visit my ex fiance in Oregon,only that the third time when I landed in Portland on the 14th of February 2006,I was suspected of trying to use my visa to get married and overstay the tourist visa,even if I was COMPLETELY honest from the first to the last word,and my intent was NOT to get illegally married,and I said that several times(at a certain moment one of the three officers(that one was an a$$hole, he acted real weird to me,I am sorry I cannot go into many details here) and who ``interviewed``me=tried to intimidate me and said rude things to me many times.So he said,I`m going to go outside now and ask your fiance when the wedding date is`` and I answered him again:``there`s no wedding date sir,the only reason why I came here is to try to work on our relationship,because my fiance and I realized that we had a relationship and a friendship that lasted since the end of 2003,and you should consider that I used my tourist visa twice and never overstayed,never did anything illegal in the USA,and I have ties with my country as well``, trying to show him the contract of my property in Romania,all translated in English and notarized among other papers(criminal background clean,translated and legalized,work history translated and legalized,etc).Another of the three officers who understood my situation and realized I was honest was trying to help and said,``oh,let`s see that`` but the a$$hole said ``no,we`ll get to that later``,and of course he DID NOT get to that later.In the end the ``good officer`` gave up,he said,stumbling,`I am sorry miss,I had a hard day yesterday cause I had to work on Mexico arrivals so I am tired so my co-worker will take over from here``.His co worker was the a$$hole.So after a long humiliating interview during which I tried very hard to show that I don`t have any intent to illegally immigrate to the US,because I needed so badly to be there with my fiance,our intent was to work on our relationship,since we had had some serious issues before,but we were not given the chance, I ended up the same being labeled as an ``intended immigrant without an immigrant visa and misrepresenting myself and subject to removal to my country for violation of 212(a) (6) © and 212 (a) (7) (A) (i) (I) of the INA.

Now,if anybody can answer this,please,I would be very curious to hear:since I have the report the Immigration did on me at my arrival in Portland,and I know what I said,and I can read what they wrote,and comparing to what I said,what they wrote in the report are only parts of my sentences ,and other things I said during the interview are written in an inaccurate way in the report,and other things in the report are simply not true facts.Ok,many people I talked with told me it`s the immigration people job to put only half of the truth in their reports so they are always right,so they can build their ``case``but my question is,why they would write complete untrue facts in a report?That`s something that shocked me when I first read their report on me(and it was not at the moment when it was made,I didn`t have access to it then).And the report was made by the a$$hole.I am sorry,but that was what that person was,trust me. And all that was an abuse.

So yes, it`s risky to use a tourist visa to get into the USA in certain cases even if you have no illegal intentions.So be careful.All the best to you.