Jump to content
Tim & Lucie

Entering the US as a tourist once my fiancee has her K-1?

 Share

8 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: England
Timeline

Hi folks.....my fiancee and I have a bit of an issue here and I hope to get some advice from you. Here's the situation:

- my finacee (English citizen who currently resides in England) has her K-1 interview at the US Embassy in London next week (Mon, Jan 26). I assume she'll have her K-1 visa no more than a few days after the interview.

- we had previously scheduled a trip where both of us will meet in Boston (I live in LA) on Wed, Feb 4th, which is the week after her interview.

- my finacee is not yet ready to enter the US on her K-1 visa.....that'll likely be in April, given that she has work commitments to sort out prior to making the big one-way trip to the USA on her K-1.

- assuming my finacee will have her K-1 when she arrives in Boston on the 4th, can she still enter as a tourist, i.e. she has full intention to return to England on Feb 10th, and will obviously have a round-trip airline ticket to show that. If needed, she could also produce a letter to customs from her employer indicating that she is currently gainfully employed in the U.K.

Just wondering if our situation will be problematic....you can imagine the problems that would ensue if the Customs Officer tells her that she either enters on the K-1 or turns around and immediately gets on a flight back to England....either situation would be problematic. Can't she just enter as a tourist, despite having the K-1 in her possession?

Appreciate any advice!

Thanks...Tim

Link to comment
Share on other sites

Filed: Timeline

There is no policy stating the visa must be used however it is always up to the CBP officer whether they abide by this or not. I was able to cross the border with a K-1 in my passport and was not forced to use it. They were very uncomfortable with doing it but they let me go once I explained I had a house to sell and a job to resign from first. I would not recommend this, however. The best thing to do is have her request a delay on the visa issuance during her interview. When she is ready to use it she simply sends it in to them and they will issue it at that time.

iagree.gif
Link to comment
Share on other sites

Filed: K-1 Visa Country: Peru
Timeline

I had a tourist visa when my K1 was issued and the people on the American embassy stamped it with a big VOID stamp. They said i can not have an inmigrant and non inmigrant visa at the same time.

I think English dont need tourist visas but i would not recomend do what you are thinking. Sounds like you can get in trouble and that can jeopardize your wedding.

K.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
Hi folks.....my fiancee and I have a bit of an issue here and I hope to get some advice from you. Here's the situation:

- my finacee (English citizen who currently resides in England) has her K-1 interview at the US Embassy in London next week (Mon, Jan 26). I assume she'll have her K-1 visa no more than a few days after the interview.

- we had previously scheduled a trip where both of us will meet in Boston (I live in LA) on Wed, Feb 4th, which is the week after her interview.

- my finacee is not yet ready to enter the US on her K-1 visa.....that'll likely be in April, given that she has work commitments to sort out prior to making the big one-way trip to the USA on her K-1.

- assuming my finacee will have her K-1 when she arrives in Boston on the 4th, can she still enter as a tourist, i.e. she has full intention to return to England on Feb 10th, and will obviously have a round-trip airline ticket to show that. If needed, she could also produce a letter to customs from her employer indicating that she is currently gainfully employed in the U.K.

Just wondering if our situation will be problematic....you can imagine the problems that would ensue if the Customs Officer tells her that she either enters on the K-1 or turns around and immediately gets on a flight back to England....either situation would be problematic. Can't she just enter as a tourist, despite having the K-1 in her possession?

Appreciate any advice!

Thanks...Tim

Agree with Krikit. Have your fiancee show her ticket/travel plans for early February with ties demonstrating that she needs to return to the UK. They may agree (up to the CO) to issue the K-1 visa upon her return from the visit. If not, then I would not risk trying to enter with the K-1 visa in her passport.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

Link to comment
Share on other sites

Filed: K-1 Visa Country: England
Timeline

I had a tourist visa when my K1 was issued and the people on the American embassy stamped it with a big VOID stamp. They said i can not have an inmigrant and non inmigrant visa at the same time.

I think English dont need tourist visas but i would not recomend do what you are thinking. Sounds like you can get in trouble and that can jeopardize your wedding.

K.

thanks Katiushka....you're correct, she doesn't have a tourist visa.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: India
Timeline
Hi folks.....my fiancee and I have a bit of an issue here and I hope to get some advice from you. Here's the situation:

- my finacee (English citizen who currently resides in England) has her K-1 interview at the US Embassy in London next week (Mon, Jan 26). I assume she'll have her K-1 visa no more than a few days after the interview.

- we had previously scheduled a trip where both of us will meet in Boston (I live in LA) on Wed, Feb 4th, which is the week after her interview.

- my finacee is not yet ready to enter the US on her K-1 visa.....that'll likely be in April, given that she has work commitments to sort out prior to making the big one-way trip to the USA on her K-1.

- assuming my finacee will have her K-1 when she arrives in Boston on the 4th, can she still enter as a tourist, i.e. she has full intention to return to England on Feb 10th, and will obviously have a round-trip airline ticket to show that. If needed, she could also produce a letter to customs from her employer indicating that she is currently gainfully employed in the U.K.

Just wondering if our situation will be problematic....you can imagine the problems that would ensue if the Customs Officer tells her that she either enters on the K-1 or turns around and immediately gets on a flight back to England....either situation would be problematic. Can't she just enter as a tourist, despite having the K-1 in her possession?

Appreciate any advice!

Thanks...Tim

Hi Tim,

I had a Visitor's valid visa for 10 years on my passport. At the time of my K1 interview they happily cancelled my tourist visa . At one given point of time you cannot have both immigrant and a Non immigrant visas. So i would suggest that let your fiancee have the K1 visa issued to her. Lets not ask for a dely in issuance of the visa on a later date, that would give a reason to the visa officer to think why are u not eager to be with the one you love.....Once the visa is issued she has to fly within 6 months of its issuance. That time period should be good for her to sort out her job and other things to be taken care of before she makes the big move towards a new life.

Wishing you and your fiancee Good Luck and speedy approvals.

Regards,

Amrit & Rob

****ROC****

GC-Date: Nov 25th 2011The 'Resident Since' Date located on your first green card

Sent: Nov 11th 2014 N-400 was mailed to USCIS
Packet Delivered: Nov 27 2014
ChkCashd: Dec 2nd 2014
NOA: Dec 8th 2014
Fprints: Jan 7th 2015
In Line: Jan 9th 2015
Int Ltr: Jan 19th 2015
Intview: Feb 26th 2015
Oath: March 19th 2015
Field Office: San Antonio

Link to comment
Share on other sites

Filed: Timeline
Hi Tim,

I had a Visitor's valid visa for 10 years on my passport. At the time of my K1 interview they happily cancelled my tourist visa . At one given point of time you cannot have both immigrant and a Non immigrant visas. So i would suggest that let your fiancee have the K1 visa issued to her. Lets not ask for a dely in issuance of the visa on a later date, that would give a reason to the visa officer to think why are u not eager to be with the one you love.....Once the visa is issued she has to fly within 6 months of its issuance. That time period should be good for her to sort out her job and other things to be taken care of before she makes the big move towards a new life.

Wishing you and your fiancee Good Luck and speedy approvals.

Regards,

Amrit & Rob

Re the bolded sentence...... the officer at my consulate offered to do this (delay issuance of the visa) when I was faced with the same dilemma that Tim's fiancee is faced with. The approval of the visa is completed prior to its issuance. Asking for it to be placed in the passport at a later date will not impact that approval.

Edited by Krikit
iagree.gif
Link to comment
Share on other sites

To save confusion I would just go with the embassy delaying issuing the K-1 visa.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...