Question about existing valid tourist visa

[kerryzhao 0]

Hello, Everyone:

My fiance applied for a tourist visa and visited me earlier this year. After she went back, we started the K-1 visa application process. Now, we all know this process will take at least half a year. I'm wondering if she can still use the earlier tourist visa (which is multi-entrance) to visit me again. Will that cause any trouble at the border? Is it legal in the sense that we are applying for another visa, but we are using an earlier visa? Thanks a lot for your help.

[CBM 14]

This question essentially boils down to, can I visit with the K-1 pending?

YES. You "can". Your fiancee is not guaranteed entry to the US, but then, no one ever is, even with a visa of any sort.

As always, your fiancee should travel with ties to her home country, in this case, China, and always tell the entire truth. If asked by a questioning officer if she has a K1 pending, she should of course say yes.

I think as long as she can show strong ties to China, visiting during the pending K1 should be the same process, with maybe a few more questions about her intent while visiting.

[Operator 1,927]

I also suggest that she bring with her a copy of the pettition and any NOA's that you have recieved but only present them if they ask. Like CBM said evidence showing strong ties to the homeland and of course a copy of the return ticket. My Fiancee is traveling back to the states with me next week so hopefully she will be allowed to enter. It is a nervous time though. Good luck!

[Shenzhen 34]

What's New

Petitioner Hour for U.S. Citizens to Discontinue

Please note that the Immigrant Visa Section will no longer be holding petitioner hour for U.S. citizens after November 15, 2010. In addition, the Immigrant Visa Unit asks that all inquiries regarding immigrant visas be directed to us using the on-line form available on our website here.

Effective November 15, 2010, all inquiries received through other means will not be acted upon.

[Jane Huang 2]

Hello Kerry,

Same as your case, we applied K-1 this Oct, I used my existing tourist visa coming to the US for Christmas (in fact, as my passport got burnt in the shanghai building fire accident, I applied a new tourist visa after we submited our k1).

In Chicago border, I told the guy I'm coming to visit my fiancé, he send me to a waiting lounge... After abt 20 minutes, a guy came to me and bring me to his office, we had a talk, he asked some questions like what did you do for a living, what other countries you had been to, we ended up talking about my cambodia trip for quite a while. Just like a normal visa interview, he wished me a nice stay after the talk. At the end, I asked him for future reference of other people, i would like to know what is the official regulation for k1 applicant travelling by tourist visa, he said, it is allowed, but they would like to double check to make sure you would not use this tourist visa staying in the US forever.

Hope this helps. One more info, when we were talking he spent lots of time checking something online, I assume these guys can get access to airline booking system or other information online, i think an issued return ticket would also help.

So answer is yes, but be prepared for spending time in the waiting lounge with all sorts of "strange people" and be prepared for a further interview. Good luck.

Edited December 28, 2010 by Jane Huang

[US_SL 2]

Hello, Everyone:

My fiance applied for a tourist visa and visited me earlier this year. After she went back, we started the K-1 visa application process. Now, we all know this process will take at least half a year. I'm wondering if she can still use the earlier tourist visa (which is multi-entrance) to visit me again. Will that cause any trouble at the border? Is it legal in the sense that we are applying for another visa, but we are using an earlier visa? Thanks a lot for your help.

Let me ask you this question: When she applied for a visiting visa earlier this year, did she marked "yes or no" on the DS-156 application in regarsd to "whether she has a fiance / fiancee in US" and their "status"? It just flagged me automatically how she got the visa if she had a fiance in US...These things are very tricky and you need to cover all your basis...Just pointing it out if it slipped your mind for interview preparting in teh near future...

[Jane Huang 2]

Yes, I did mark I have fiancé in the us when applying my tourist visa after we send our I129 file. I did get the visa, and I did enter the us with the tourist visa. It is allowed.