K-1 appication pending and tourist trip

[Stephane 0]

Hello all,

I'm new on this forum. We are applying for a K-1 (I'm the benificiary -French). The Notice of Approval date is April 12, and NVC sent the file to Paris on May 3.

Since then, I've been waiting to receive my paquet from the US Embassy with the Appointment letter, went several time there to check. But only last friday did they tell me that our file actually went back to the US (probably for IMBRA requirements)... Well, it seems that it is on its way back to France now (but we did not receive any notice, nor any request for information, etc.).

But our problem is that we already planned to wedding, early Sept.! It is likely I won't have the visa in time.

If it takes longer, I will consider going to the US as a tourist (under waiver program), to see my fiancée and deal with postponing the wedding.

Do I have the right to travel to the US while the fiancé visa is being processed?

Someone did it?

It seems to be recommended not to do it, but is there any clear rule (and what are the actual implications if someone does that?)?

Thanks a lot for any info or comment

Cheers

[JenT 0]

Yes, you can travel. Many have done so successfully, including my fiance just recently.

Just make sure you bring evidence of ties back home... letter from your employer, lease agreements, return ticket.... and don't mention ANYTHING about a wedding... if you are suspected of being an immigration risk, you will be denied entry.

Just be truthful when asked questions, bring evidence, and you should be fine.

[samir_shannon 0]

i am so sorry for your situation... unfortunately you cant come on a tourist visa when you are in the K-1 process... i have inquired about this with my fiance.. when u are in this situation it is just better for everyone not to plan a wedding untill this process is over with.. you should plan a small ceremony and then have something big later on after you are here.. that way you dont stress...

oops sorry i forgot you said u are from france so you dont need a visa to come oops sorry ... my error lol

[Stephane 0]

Thanks for these comments. It helps and gives hopes.

Jen, since you went through the new IMBRA regulations processing, do you find strange that our petition was recalled (we filed it in January, and it was approved in April), but also that after being recalled we never received anything (RFE...?); and apprently, our file is now on its way back to France.

Any comments?

[JenT 0]

Thanks for these comments. It helps and gives hopes.

Jen, since you went through the new IMBRA regulations processing, do you find strange that our petition was recalled (we filed it in January, and it was approved in April), but also that after being recalled we never received anything (RFE...?); and apprently, our file is now on its way back to France.

Any comments?

Hi Stephanie... it does seem a bit strange unless they realize that your petition was recalled in error.... how do you know for sure that your petition is on its way back to France?

Jen

[Yodrak 7]

Stephane,

No one but a US citizen has a right to travel to the USA. It's a privilege that may, or may not, be granted.

Yodrak

Hello...Do I have the right to travel to the US while the fiancé visa is being processed?

...

[VivaMexico 0]

i am so sorry for your situation... unfortunately you cant come on a tourist visa when you are in the K-1 process... i have inquired about this with my fiance.. when u are in this situation it is just better for everyone not to plan a wedding untill this process is over with.. you should plan a small ceremony and then have something big later on after you are here.. that way you dont stress...

oops sorry i forgot you said u are from france so you dont need a visa to come oops sorry ... my error lol

You can, in fact, come to the U.S. on a tourist visa while your K-1 is being processed. My fiancee crossed a number of times on her tourist visa from mexico. At the interview for the K-1, however, they will take your tourist visa when they give you the K-1, so after that you can only cross once on the K1. Good luck!

[goldie 0]

i am so sorry for your situation... unfortunately you cant come on a tourist visa when you are in the K-1 process... i have inquired about this with my fiance.. when u are in this situation it is just better for everyone not to plan a wedding untill this process is over with.. you should plan a small ceremony and then have something big later on after you are here.. that way you dont stress...

oops sorry i forgot you said u are from france so you dont need a visa to come oops sorry ... my error lol

You can, in fact, come to the U.S. on a tourist visa while your K-1 is being processed. My fiancee crossed a number of times on her tourist visa from mexico. At the interview for the K-1, however, they will take your tourist visa when they give you the K-1, so after that you can only cross once on the K1. Good l

i ve traveled as well, during the k1 visa process. it was no problem at all. the officer only asked me the usal question, and when he asked, where i go, i just sayed visiting family friends, and it wasnt a lie. dont lie, but, keep everything short. and, just in case, take evidence with you, that u intend to return back to ur country. its not forbitten, but, the officers can always return somebody back home, even as a tourist. so, just do it and try. it will be fine!

good luck

[Stephane 0]

Thanks you all for these comments.

As a follow-up, I am French, and I won't need a visa to enter the US as a tourist. I can travel with my passport under the waiver program (same 90 days limitation).

Checking on the forum, I found some info that confirms what some of you say: it is possible to travel to the US whiole application is pending, but bring sufficient documents proving you will return to France and you have strong links there.

I have a return ticket to the US, so I am considering buying a new return ticket. I will also bring other evidence in case (any tips for what to bring?).

I am going the the Embassy in Paris these Friday to see if they have my file (a NVC representative, contacted June 30 -right after I learn my file went back to the States from the Embassy people -- told me on the phone that they sent it June 23), and how long it should take to schedule appointment.

According to what they say, I'll consider buying plane ticket and go to the US before getting the visa.