Tourist Visa

[K1researcher 0]

We were thinking about doing this ...

My quesiton was if she gets denied her tourist visa would it have any ill effect on her K-1?

She has a good chance of being approved for a tourist visa as a few girls from her work have received them for the US. So we thoguht it would be nice for her to come over whiel we wait for the K-1 process.

If she gets denied a tourist visa it will have NO effect on her K-1.

It would be lovely I'm sure if she could come. As I said earlier, if you want to gamble, and you're not out of pocket too much money to do it, have her apply!

She wouldn't be able to come over for the whole K-1 process. Look at the timelines for PI and see how long it's taking. She'd need to be back in her own country to prepare for her interview and get her medical etc.

Yeah i agree according to our timeline our NOA2 would be around end of Feb. We are going to DR for the holidays so she wouldnt comeover here until January. We planne don after she got her interview date we would fly back a week before together and then return together after she has her Visa. :-)

The only thing she doesnt have alreayd is her Police Record and Medical both of which can be done within a week. FYI This is Russia not PI ;-)

Makes sense to return as its much cheaper to AOS on a K-1 in the long run than the other ways.

[kaye 0]

It actually depends on the person applying for a tourist visa. my brother had his interview just last oct 28 and he was given 10 yr multiple entry but he also has an expired tourist visa since he was young and has been in and out america already i think 4 times. I also had a chance to apply for a tourist visa 2005 and i was given 5 yrs multiple entry. I remember the consul asked me about my job, salary and the years and times i have been to usa as a tourist maybe he was just checking if i was telling the truth. then i had to show my old passports with my old usa visa but he never checked my bank accounts and other documents...just my old passports. i heard some of the interviews while waiting for my turn and there were people not even asked anything but was just advised by the consul that he thinks that the person will not go back to the philippines anymore and then hands this denial slip.

[himher 634]

She can stay as long as the I94 form in her passport allows her to

[Ju&Ja 1]

How long can someone with a tourist visa remain in the US? My fiancee, currently living in the Philippines, has her passport and I'm thinking of just bringing her to the US to live with me while we work on getting her the k-1 visa.

Does this make any sense?

If she doesn't have a tourist visa yet she can't get one anymore cuz' you began the K1. If she already has a tourist visa it is good, she can come 6 months and this visa is good for 10 years.

Noooooo, the k-1 hasn't been filed yet. I've just started looking into the process. I'd like to get Revelyn over here now on a tourist visa and then start working on the k-1. Is this ok with immigration?

The easy answer is that you can get it even after applying for a K1 visa and that it can be valid for up to 6 months (with an option to extend it even further)

BUT: For some countries it is almost impossible for a young attractive single lady to get a tourist visa at all. They just do not believe that there is no immigration intent. For anyone get a tourist visa you need to proof that you have no intent to immigrate. This can be done by proofing you have a job to return to, you have a significant invenstment in property and money in the bank, you have close ties with your family. Most likely if your fiance is planning on coming to stay with you and then premanently move to the US this will be difficult for her.

Then once you have the visa you need to proof the same things at the Point of Entry. Strong ties with your home country and a plan to return - at least you will need a return airplane ticket. Many people get in just with this, but people also get turn away despite having this and having a letter from their employer and other evidance that they plan to return. A surprising number of people get turned back at this point.

At the POE you will be given a I-95 form. On this will be indicated the real length of your stay. Many people get given the standard 6 months, but this is to the discression of the officer at the point of entry. If you have a return airplane ticket saying that you are planning to only stay for a few weeks, you might only be given that few weeks. (Many people book their airplane tickets to show that they will only be there for a short visit and then move their ticket date after they arrive in the US - since you are more likely to be denied entry if you show from the start that you plan to stay the full 6 months.)

Thus - although technically it is possible, be very aware that it will not be easy and it might not happen.

The USCIS told me that if I want to be sure to not get denied at the POE it could be good to have an official tourist visa (B1 or B2 I don't remember) and to not contiue to play with a waiver program. So I called the US embassy in Paris, and the guy told me "if you already in the K1 process you can't ask for a tourist visa anymore. The embassy in Paris is really professional and won't tell BS cuz' you have to pay 15 euros to ask questions and so to have a 100% correct answer.

[payxibka 10,044]

The USCIS told me that if I want to be sure to not get denied at the POE it could be good to have an official tourist visa (B1 or B2 I don't remember) and to not contiue to play with a waiver program. So I called the US embassy in Paris, and the guy told me "if you already in the K1 process you can't ask for a tourist visa anymore. The embassy in Paris is really professional and won't tell BS cuz' you have to pay 15 euros to ask questions and so to have a 100% correct answer.

First of all I would not call the USCIS and ask a POE question and then consider it de facto definitive, considering the USCIS is not the agency that is responsible.

Secondly, regarding the "If you already in the K-1 process you can't ask for a tourist visa anymore" statement, might at best be applicable to Paris ONLY. There are several that I am personally aware of that received tourist visas while in process......

[cris11 0]

I am in a K3 process, we are already married! I have travel to US under my Visa Waiver 90 days without any problem in the immigration, even if my case are pending at USCIS. I arrived back to Sweden this week and I plan to travel back to US for christmas celebration, my K3 visa are maybe going to be approved about 2-4 months at VSC.

[Ju&Ja 1]

The USCIS told me that if I want to be sure to not get denied at the POE it could be good to have an official tourist visa (B1 or B2 I don't remember) and to not contiue to play with a waiver program. So I called the US embassy in Paris, and the guy told me "if you already in the K1 process you can't ask for a tourist visa anymore. The embassy in Paris is really professional and won't tell BS cuz' you have to pay 15 euros to ask questions and so to have a 100% correct answer.

First of all I would not call the USCIS and ask a POE question and then consider it de facto definitive, considering the USCIS is not the agency that is responsible.

Secondly, regarding the "If you already in the K-1 process you can't ask for a tourist visa anymore" statement, might at best be applicable to Paris ONLY. There are several that I am personally aware of that received tourist visas while in process......

Ok I didn't know that the US laws could be different from a country to another one. And for the USCIS, my man called to have advices and to be sure to follow their rules. He called maybe 4 times for different questions and I went 1 time in their office in LA. They were ALWAYS very nice and helpful.

The USCIS told me that if I want to be sure to not get denied at the POE it could be good to have an official tourist visa (B1 or B2 I don't remember) and to not contiue to play with a waiver program. So I called the US embassy in Paris, and the guy told me "if you already in the K1 process you can't ask for a tourist visa anymore. The embassy in Paris is really professional and won't tell BS cuz' you have to pay 15 euros to ask questions and so to have a 100% correct answer.

First of all I would not call the USCIS and ask a POE question and then consider it de facto definitive, considering the USCIS is not the agency that is responsible.

Secondly, regarding the "If you already in the K-1 process you can't ask for a tourist visa anymore" statement, might at best be applicable to Paris ONLY. There are several that I am personally aware of that received tourist visas while in process......

Ok I didn't know that the US laws could be different from a country to another one. And for the USCIS, my man called to have advices and to be sure to follow their rules. He called maybe 4 times for different questions and I went 1 time in their office in LA. They were ALWAYS very nice and helpful.

Oh, and the officier in Paris said "K1 is an immigrant visa, you can't ask for a tourist visa if an immigrant one is aleady pending !"

[payxibka 10,044]

Oh, and the officier in Paris said "K1 is an immigrant visa, you can't ask for a tourist visa if an immigrant one is aleady pending !"

Well FWIW, a K-1 is a non-immigrant visa... just happens to be processed by the immigrant visa unit... So, I guess the information from Paris is not always perfect...

And one of my examples is a tourist visa with a direct filed immigrant petition/visa application.... So it could not have been a situation where the consulate did not know about the pending immigrant visa.

Edited October 30, 2008 by payxibka

[chris4gretchen 1]

I was thinking an attorney would be able to help with specific answers as to the legality of entering the US on a tourist visa when the ultimate goal was marriage.

ok, here is it in a nutshell. It is virtually impossible for a normal filipino to get a tourist visa to the USA. In fact last year 2 filipino congressmen were denied tourist visas. they were coming to Washington for a big seminar. Some people do get them, but its very rare. If your girl is a celebrity there or is very rich then she can probably get one. If she is not, her chances are about 1% success.

Secondly the legality of entering the USA on a tourist visa with the intention or goal marriage is not legal at all and is visa fraud and a felony. Attempting it and getting caught will result in a ten year ban. Do people do it, sure, a few get away with it.

Unfortunately there is no short cut to the immigration process if your girl is from the Philippines. They normally cant even visit here and are not part of the visa waiver program that most of Europe is on. You will have to file for her and wait the time. You can visit her.

Chris

Edited October 30, 2008 by chris4gretchen

[K1researcher 0]

I was thinking an attorney would be able to help with specific answers as to the legality of entering the US on a tourist visa when the ultimate goal was marriage.

Secondly the legality of entering the USA on a tourist visa with the intention or goal marriage is not legal at all and is visa fraud and a felony. Attempting it and getting caught will result in a ten year ban. Do people do it, sure, a few get away with it.

But entering on a tourist visa and returning to the home country to get the K-1 visa is not. There was no intent to immigrate with the use of the tourist visa. Frankly is easier and cheaper to return and get the K-1 than it woudl be to marry and do an AOS under a toursit visa anyways. This all depends on the original posters intent. In my case we have every intentioj of her returning to he home country to get the K-1.

[Ju&Ja 1]

Oh, and the officier in Paris said "K1 is an immigrant visa, you can't ask for a tourist visa if an immigrant one is aleady pending !"

Well FWIW, a K-1 is a non-immigrant visa... just happens to be processed by the immigrant visa unit... So, I guess the information from Paris is not always perfect...

And one of my examples is a tourist visa with a direct filed immigrant petition/visa application.... So it could not have been a situation where the consulate did not know about the pending immigrant visa.

I would love to got a wrong information ! Even if it made me losing time... Do you think that I can ask for an appointment at the embassy and try to ask a tourist visa ?

Last time I was at LAX the officier told me that the next time I want to comeback I should have a better visa in hands than the waiver. My man comes to France at the end of november. If the K1 continues to go fine we will get our NOA2 at the same period (end of november). But if I can I would like to go to the USA 'til I get my interview appointment. Thanks !

[ARIANNA 0]

We filled for the I-129F on March 2008, I got a tourist visa in April 2008, got NOA2 Sept 2008 and flew up to US this month and was granted 6 months stay as a tourist. We are just waiting for my fiance pack to arrive in Mexico so my mom can send it up to me. I brought all my documents with me.

Major factor for me is that we have a 2 and a half year old daughter that stayed with me and flew up with me and she has her citizenship and US passport. She is the reason why I was allowed entry with no questions asked.

But it is posible to do this, but I would say that under normal circumstances you have a 50-50 chance. If you can afford to try it, then do it.

Edited October 30, 2008 by ARIANNA

[payxibka 10,044]

Secondly the legality of entering the USA on a tourist visa with the intention or goal marriage is not legal at all and is visa fraud and a felony. Attempting it and getting caught will result in a ten year ban. Do people do it, sure, a few get away with it.

Destination weddings for foreigners occur in Las Vegas and Hawaii ALL the time. Marriage event is not the issue and does not constitute fraud or any kind of felony. What is the problem is using a non-immigrant visa/program/entry with the intention of circumventing immigration law (ie... staying and adjusting to resident). That is where the problem is, NOT simply marriage.

[Maldez 0]

Thank you, very much, to all of you who answered. I think it's beginning to sink in. Here's how I see things:

1) It's perfectly legal for someone to enter the US on a Tourist Visa while waiting for a K-1 visa to process.

2) While legal, it's very uncertain as to whether the tourist visa holder would be granted admission.

3) It's extremely difficult for a young woman, citizen of the Philippines and of simple means, to be granted a tourist visa to the US, but worth trying for. Costs about $100 to apply.

4) An immigration attorney would be of no value to this process.

Getting back to Point 3. I have to assume that tourist visas in the Philippines would be issued by the US Embassy there, correct? That probably means Revelyn, my fiancee, waiting in line all day? I've passed the US Embassy 3 times on my visits and have seen long, long lines outside. My driver told me people start lining up at 3:00 AM!

Getting back to another poster's question, yes, I've met Revelyn in person. Three times in the last 6 months!

Does it help our prospects at all if I've got more financial assets than probably the average working stiff? I'm not quite rich but could probably live off my investments if I wanted. Or at least I could have before the damn stock market TANKED!

Your continued advice and comments are extremely appreciated!

[chris4gretchen 1]

Does it help our prospects at all if I've got more financial assets than probably the average working stiff? I'm not quite rich but could probably live off my investments if I wanted. Or at least I could have before the damn stock market TANKED!

in regards to her tourist visa, your income and financial means will have no bearing. They will only look at her job/ finances / ties/ proof she would return. I have heard of people having alot of money in the bank and still being denied. But others have been approved with almost no means. If she was ever given a tourist visa as a child to visit a relative when young she would have a better chance.

Chris