entering the USA

[barny 0]

I was hoping someone could help me.

I was wondering if whilst i am waiting for my green card application to get cleared after I get married whether or not I will be allowed to enter the USA on a tourist visa or whether or not I have to stay out of the country until it gets cleared?

[payxibka 10,048]

I was hoping someone could help me.

I was wondering if whilst i am waiting for my green card application to get cleared after I get married whether or not I will be allowed to enter the USA on a tourist visa or whether or not I have to stay out of the country until it gets cleared?

You posted this in K-1 forum and your profile indicates K-1 as well... Your question is confusing because, if you are a greencard applicant based on a marriage to a USC, after a K-1 entry, you are already here in the USA....

Edited February 9, 2010 by payxibka

[Otto 83]

You posted this in K-1 forum and your profile indicates K-1 as well... Your question is confusing because, if you are a greencard applicant based on a marriage to a USC, after a K-1 entry, you are already here in the USA....

I read it that way too... kind of like a riddle..

[Guitarlo 2]

I was hoping someone could help me.

I was wondering if whilst i am waiting for my green card application to get cleared after I get married whether or not I will be allowed to enter the USA on a tourist visa or whether or not I have to stay out of the country until it gets cleared?

I think you're confused? If you have filed your AOS and waiting on a Green Card , I-485 approval, as a K1 you would have by now your AP I-131 travel papers (assuming you included that). You would travel on your I-131 pending your I-485 approval. It sounds like you have your VISA to travel to the states mixed up with a Green Card. You get the conditional Green Card after you get married. If sounds like you're out of USA and not married yet.

[Zen Den 18]

I was hoping someone could help me.

I was wondering if whilst i am waiting for my green card application to get cleared after I get married whether or not I will be allowed to enter the USA on a tourist visa or whether or not I have to stay out of the country until it gets cleared?

assuming you're a K1 applicant (based on your profile) you cannot enter the US until you go through the whole K1 visa process and actually get the visa...

and applying for a tourist visa will more likely cloud your intentions (is it to wait patiently till you get your visa and get married) or go the US get married and hope things will go faster) so although you can always apply for that, chances are you will be asked a lot of questions...

so better to wait till you get your K1 visa

now, if you're waiting for a Greencard, you're not a K1 applicant but CR/Ir probably...so make up your mind first

[TracyTN 237]

Not to mention that if you're from the UK, you can use the visa waiver program to visit (no tourist visa required).

But I concur that you've not provided clear enough information for us to figure out what you're asking (or what the answers should be).

[SunDrop 59]

I was hoping someone could help me.

I was wondering if whilst i am waiting for my green card application to get cleared after I get married whether or not I will be allowed to enter the USA on a tourist visa or whether or not I have to stay out of the country until it gets cleared?

If you are applying, as your chosen forum and profile suggests, for a K1 visa, do not expect to get a Green Card when you get to interview.

A K1 is a SINGLE ENTRY visa, meant for fiance/ees of US Citizens to enter the country and get married within 90 days. After you marry, you file an Adjustment Of Status (AOS) which, if approved, gives you a 2 year conditional green card.

So, assuming you are filing for a K1, you can continue to enter the US on a VWP (if you are a UK national and don't have any reason to be ineligible for the VWP) but will continue to have to satisfy the IO at the POE that you have no intent to remain/ that you have sufficient ties to the UK.

If you mean once you have entered the US on your K1 and have got married and filed your AOS, part of your AOS application includes a request (if you want to file for it) for Advanced Parole (AP). It typically takes 60-90 days to come through once your AOS is received. If you leave the country WITHOUT your AP, you will be considered as having abandoned your AOS and have to start over again, except this time petitioning for a CR-1.

Once you have your AP, you carry that with your marriage certificate, passport and NOA1 from your AOS every time you leave the country.

Once you have your GC, you don't need a tourist visa, you are a considered a legal resident.