visiting on a tourist visa while awating k-1

[hcmnmx 0]

My fiancee and I have just started the process and mailed our k-1 package on July 13,2006. She has had a tourist visa and has made the trip to the states 7 times in the past year and a half; and has never had a problem going thru immigration at the airports she has flown thru. I have seen alot of posts that its not possible to get a tourist visa approved at this time while a k-1 is in process; but my questions are..

1. since she already has a tourist visa at present will she still be allowed entry?

2. if the answer to the question above is NO - cuz she is applying for a k-1 and that would be cause for denying entry. Since the process is slow would she not be safe coming in the next week or 2 since her application really wouldnt be "in the system" to red flag her?

3. finally; if she does try to come in and is turned away this time, does that cause a problem in processing the k1?

We have always arranged to meet about every 2 months, and to go the length of this fiancee visa process without having her with me is becoming unbearable to think of for the both of us. Yes I have made the trip to mex 3 times myself, but was gonna make my next trip in the fall when its a bit cooler down there.

Any help would be apriciated. I have been reading these posts for the past few weeks and have been really appriciative of all the useful info from all who participate.

Thanks !

Harry and Maria

Edited July 19, 2006 by hcmnmx

[vartan 0]

I dont know the answer to #1 but on #2 it doesn't mean she will be outright denied. but they see it as fishy your fiance coming to visit you on a visitors visa.. since technically they could just stay and cause more illegal immigrant problems. From what most have posted as long as your fiance brings alot of documents and proof showing that she will return to mexico they should be fine..

#3 No shouldn't affect anything as long as she doesnt try to commit immigration fraud

[Yodrak 7]

hcmnmx,

1. This is a question she'll have to ask of a CBP officer at a US POE. That's who will decide one way or the other.

2. There's a difference between having an intent to immigrate at some point and having an intent to immigrate on this entry. Refer back to the answer to question 1.

3. If she's simply turned away, no.

Yodrak

My fiancee and I have just started the process and mailed our k-1 package on July 13,2006. She has had a tourist visa and has made the trip to the states 7 times in the past year and a half; and has never had a problem going thru immigration at the airports she has flown thru. I have seen alot of posts that its not possible to get a tourist visa approved at this time while a k-1 is in process; but my questions are..

1. since she already has a tourist visa at present will she still be allowed entry?

2. if the answer to the question above is NO - cuz she is applying for a k-1 and that would be cause for denying entry. Since the process is slow would she not be safe coming in the next week or 2 since her application really wouldnt be "in the system" to red flag her?

3. finally; if she does try to come in and is turned away this time, does that cause a problem in processing the k1?

We have always arranged to meet about every 2 months, and to go the length of this fiancee visa process without having her with me is becoming unbearable to think of for the both of us. Yes I have made the trip to mex 3 times myself, but was gonna make my next trip in the fall when its a bit cooler down there.

Any help would be appriciated. I have been reading these posts for the past few weeks and have been really appriciative of all the useful info from all who participate.

Thanks !

Harry and Maria

[Mew 0]

1. since she already has a tourist visa at present will she still be allowed entry?

As you may know, the fact that someone's been granted a visa doesn't mean they will be allowed entry. Like vartan said, she should bring enough evidence that she's got strong ties to her country.

2. if the answer to the question above is NO - cuz she is applying for a k-1 and that would be cause for denying entry. Since the process is slow would she not be safe coming in the next week or 2 since her application really wouldnt be "in the system" to red flag her?

In theory, she would, but if she's asked who is she's going to stay with or visit, she would have to ommit she's visiting her fiance. And it's probably not a good idea to ommit or lie (even though it's not the case) when it comes to immigration matters.

3. finally; if she does try to come in and is turned away this time, does that cause a problem in processing the k1?

No, it doesn't. In fact, many people have been denied other kinds of visas, such as tourist ones, many times and this has not been a problem, from what I've read.

Edited July 19, 2006 by Mew

[Lewis 0]

It would be wise to have evidence of return to your fiancee's country, such as plane tickets, a letter from an employer or evidence of employment, a copy of a property deed and/or a financial document of some kind. When I visited my fiancee in Ciudad Juarez, we crossed the border to El Paso with no problem with her tourist visa. We had evidence similar to what I mentioned above, but they did not even ask for it. I realize the area I went through was a unique one but I hope this helps. Attached is the thread where I asked a similar question before my trip.

http://www.visajourney.com/forums/index.php?showtopic=17526

[Mew 0]

http://www.visajourney.com/forums/index.php?showtopic=22561

This thread's also about what you've asked.