Obtaining a B2 visa while K1 petition is pending

[newlyweds2010 208]

Hello everyone, I was wondering if any of you has an idea about this.

I have never applied for a B2 visa because I have usually traveled as a tourist under the Visa Waiver Program. Now that our petition for the K1 visa is pending (NOA1 received a few days ago), can I still travel to the US as a tourist? We called USCIS and they said "no problem as long as you get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I read it's advisable to apply for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending?

On the B2 visa form it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

[Stephen + Elisha 92]

If you're from a VWP country, there's no reason why you can't travel to the US on the VWP while the I-129F petition is pending.

See http://www.visajourney.com/forums/index.ph...mp;page=k1visit for lots of useful info.

(moving to K-1 Process and Procedures)

[Gary and Alla 3,694]

Hello everyone, I was wondering if any of you has an idea about this.

I have never applied for a B2 visa because I have usually traveled as a tourist under the Visa Waiver Program. Now that our petition for the K1 visa is pending (NOA1 received a few days ago), can I still travel to the US as a tourist? We called USCIS and they said "no problem as long as you get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I read it's advisable to apply for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending?

On the B2 visa form it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

Yes you can travel on the VWP.

Be sure to bring plenty of documentation you will return to Italy.

[newlyweds2010 208]

Hello everyone, I was wondering if any of you has an idea about this.

I have never applied for a B2 visa because I have usually traveled as a tourist under the Visa Waiver Program. Now that our petition for the K1 visa is pending (NOA1 received a few days ago), can I still travel to the US as a tourist? We called USCIS and they said "no problem as long as you get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I read it's advisable to apply for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending?

On the B2 visa form it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

Yes you can travel on the VWP.

Be sure to bring plenty of documentation you will return to Italy.

thanks for your reply. Bringing documentation I will return to Italy is actually the main problem:

- I'm a self employed professional

- I don't have any estates or vehicles under my name

- no loans

of course I will have a return ticket, but that's it. what else could I bring?

Do I have to bring the papers about the K1 visa petition?

[Lancelotte25 1]

Hello everyone, I was wondering if any of you has an idea about this.

I have never applied for a B2 visa because I have usually traveled as a tourist under the Visa Waiver Program. Now that our petition for the K1 visa is pending (NOA1 received a few days ago), can I still travel to the US as a tourist? We called USCIS and they said "no problem as long as you get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I read it's advisable to apply for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending?

On the B2 visa form it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

Yes you can travel on the VWP.

Be sure to bring plenty of documentation you will return to Italy.

thanks for your reply. Bringing documentation I will return to Italy is actually the main problem:

- I'm a self employed professional

- I don't have any estates or vehicles under my name

- no loans

of course I will have a return ticket, but that's it. what else could I bring?

Do I have to bring the papers about the K1 visa petition?

There is no need to bring those papers, for more informations needed,inquire at the nearest US Embassy or consulate in your area.

[ladonna 0]

Hello everyone, I was wondering if any of you has an idea about this.

I have never applied for a B2 visa because I have usually traveled as a tourist under the Visa Waiver Program. Now that our petition for the K1 visa is pending (NOA1 received a few days ago), can I still travel to the US as a tourist? We called USCIS and they said "no problem as long as you get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I read it's advisable to apply for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending?

On the B2 visa form it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

Yes you can travel on the VWP.

Be sure to bring plenty of documentation you will return to Italy.

thanks for your reply. Bringing documentation I will return to Italy is actually the main problem:

- I'm a self employed professional

- I don't have any estates or vehicles under my name

- no loans

of course I will have a return ticket, but that's it. what else could I bring?

Do I have to bring the papers about the K1 visa petition?

It's my understanding if you come to the US while a K-1 is in progress, it's best not to apply for a visa but just come as VWP and don't mention the K-1, just say "visiting friends". Of course you wouldn't deny the petition if asked, but you don't have to offer that information.

My SO came here earlier this year under VWP and they didn't ask him to prove any compelling reasons for returning to Italy. He's also self-employed, and has no children, no loans. And he had already sold his house, but they didn't even ask him about all that.

[Road 2 Peace Arch 0]

Hello everyone, I was wondering if any of you has an idea about this.

I have never applied for a B2 visa because I have usually traveled as a tourist under the Visa Waiver Program. Now that our petition for the K1 visa is pending (NOA1 received a few days ago), can I still travel to the US as a tourist? We called USCIS and they said "no problem as long as you get back home for the interview". so simple?

Also, having traveled many times to the US in the past few years, I read it's advisable to apply for a B2 visa, but then again, will the US embassy give me a visa while our petition is pending?

On the B2 visa form it's expressely asked if someone ever filed an immigrant visa petition for me (and I'd say that the I129F form to obtain the K1 visa is exactly the case, although technically K1 is not an immigrant visa...). If I say yes, I think I can forget about the visa.

Anyone in the same situation?

If it were me, I'd bring a copy of the NOA1 with me as well. Have it faxed over to you before departure. It's a one page letter so wont take up too much space in the bag. You never know what can help you if you get pulled into secondary inspection for some odd reason...

[hobokenworkingman 4]

If it were me, I'd bring a copy of the NOA1 with me as well. Have it faxed over to you before departure. It's a one page letter so wont take up too much space in the bag. You never know what can help you if you get pulled into secondary inspection for some odd reason...

Ok but what about countries w/o a waiver program ie India? My wife is in India and I've applied for her green card and K3 visa and am awaiting the NOA2 approval (yea in the black hole). Can I get my wife here on a visitor visa, while her K3 visa approval is being processed?

[pushbrk 12,968]

Ok but what about countries w/o a waiver program ie India? My wife is in India and I've applied for her green card and K3 visa and am awaiting the NOA2 approval (yea in the black hole). Can I get my wife here on a visitor visa, while her K3 visa approval is being processed?

The answer for you and the OP is that people with immigrant intent are ineligible for non-immigrant visas.

You have actually applied for nothing at all and certainly not for a green card. You've filed two petitions. If you take the virtually obsolete K3 route, your spouse will apply for a green card after she enters the USA. If you follow the wiser CR1 visa route, your wife will apply for a visa that will entitle her to a green card after US entry without applying for it.

For India, plan on you doing the traveling for any visits. From Italy, it's a crapshoot, the result of which is entirely up to the CBP officer at the port of entry.