OK to travel to US on valid tourist visa while K-1 is pending?

[monyfer 27]

I know this has come up before, and I already did a search on it here, but the information is conflicting.

My fiance has a valid, 10-year US tourist visa (b1/b2) that he obtained in 2005 and is valid until 2015. We filed for the K-1 visa back in OCTOBER of 2010 and eight months out we still have not received a final decision. I would like him to come visit me for a few days over my birthday in July.

My question is: will this cause any problem? I don't see while it would - he has the valid tourist visa and is just coming for a few days and the K1 visa isn't approved yet. I just want to make sure.

[Ryan H 3,856]

Yes he can come, no guarantee CBP will allow him entry. He should carry proof of ties to Mexico should they be asked for by CBP.

Shouldn't cause any problems with the K1.

[Barbara J 115]

I know this has come up before, and I already did a search on it here, but the information is conflicting.

My fiance has a valid, 10-year US tourist visa (b1/b2) that he obtained in 2005 and is valid until 2015. We filed for the K-1 visa back in OCTOBER of 2010 and eight months out we still have not received a final decision. I would like him to come visit me for a few days over my birthday in July.

My question is: will this cause any problem? I don't see while it would - he has the valid tourist visa and is just coming for a few days and the K1 visa isn't approved yet. I just want to make sure.

He can by all means come and visit you but I would bet money on it you will be approved shortly as you have sent back RFE and I hope also you have made some calls as to why you have not been approved yet and what your situation is. I would say July as you have been waiting 8 months he may be coming here permanently.

[Tyeger87 10]

yes of course he can come to visit- he has a valid visa

the question is whether he will get it - make sure he brings evidence of ties to Mexico that will prove his intent to return

good luck

[monyfer 27]

So he can come but there is a chance he could be sent back at the POE? Umm..how is that possible or why would that happen?

He's been in the states half a dozen times over the last five years. As long as he shows his return ticket, why would this be a problem?

Barbara J I doubt we will be approved by July. I have called everyone, Senator, etc. Sent the RFE response back over a month ago. We are told that our background investigation is still open. I think some kind of false hit might have been found as FI as a common last name - who knows how long that could take to resolve. Even if it got approved this week, by the time NVC send the petition to the consulate, consulate sends invite letter, he schedules appointment, gets approval, packs up his life in Mexico...it will be at the earliest September when he would get here

[canadian_wife 1,831]

It is possible and it does happen. I was denied entrance to the US twice and sent back. It is because I didn't convince the CBP that I had ties to Canada with a significant other in the US - I couldn't prove that I would retrun to Canada

So, that being said, what can your SO show to prove that he'll return to MX? They are looking for things like a job, a lease/mortgage, enrollment in school, substantial family ties (ie - kids in MX) etc. What does he have?

Now, I had a return ticket myself, still wasn't enough. If they suspect he could illegally immigrant (use a tourist visa for immigration) then they can and will deny him.

Now, lots and lots of people visit with zero issues. I just want you to be prepared and have him prepared so what happens to me doesn't happen to others. Strong ties will help, so will a copy of your I129F packet showing intent to return, at least for the interview, as well as be polite and NEVER lie.

Good luck

[monyfer 27]

It is possible and it does happen. I was denied entrance to the US twice and sent back. It is because I didn't convince the CBP that I had ties to Canada with a significant other in the US - I couldn't prove that I would retrun to Canada

So, that being said, what can your SO show to prove that he'll return to MX? They are looking for things like a job, a lease/mortgage, enrollment in school, substantial family ties (ie - kids in MX) etc. What does he have?

He has a job and a rental agreement with his apartment. No, he's not enrorlled in school and he doesn't have kids - lol - we aren't even married yet!! His ties are strong but not that strong - he does plan to come to the US eventually after all, given the fact we applied for the K1 visa, so why would they expect him to own a home if he plans on immigrating to the US eventually anyway (legally of course).

ETA - we've been dating for almost four years and he has come to visit me 3-4 times in that period of time and didn't have a problem. Automatically because they know we are now engaged will give them reason to think he will stay, even though we are OBVIOUSLY doing things the legal way and applied for a finace visa? WOW - our immigration system is REALLY illogical and broken.

Edited May 30, 2011 by monyfer

[canadian_wife 1,831]

Bring his rental agreement and a letter from his employer stating his expected return date, it probably won't even be asked for, but it can be invaluable if it is

Good luck

[paojack 41]

Hi monyfer!

I have traveled A LOT to the USA before AND after we started the k1 process and never ever had any problems, they don't even mention my k1 petition. However,I have had a Tourist visa my entire life (lived in the USA for 2 years) and never had problems with migration, POE and that stuff, if thats also your FI's case I dont see why they would think he could give problems now.

But as everyone is saying, make sure he brings enough evidence of ties to Mexico: letter from his job, his current pay stubs, medical appointents (if any), return ticket, copy of the K1 application, noa1 (to show u guys r doing everything the right way, legally) and whatever you can think of!!!!!

Good luck!!!!

[Roons & Toons 0]

I don't think US immigration system is illogical and broken. Don't forget that no other country in the world is more hated/feared by it's enemies and more coveted as a place to live by everybody else than is the U.S. By scrutinizing incoming visitors regardless of what status they might be in there is a higher probability of detecting foes.

Back to the topic. Not even K-1 visa in your passport is any guarantee you will be alowed entry to the States. So he may be allowed to the States depending on incalculable number of variables such as his body language and overall posture and tone of voice, officer that is administering at his POE, and finally his visa and proof of ties in his home country.

[juliecheese83 0]

This is something I never even thought to worry about when my fiance (then boyfriend) visited on his tourist visa on three separate occasions. I thought visa meant you're allowed in, but it appears that's not the case? Is there any way you can go down to see him instead, just to be safe?

[canadian_wife 1,831]

This is something I never even thought to worry about when my fiance (then boyfriend) visited on his tourist visa on three separate occasions. I thought visa meant you're allowed in, but it appears that's not the case? Is there any way you can go down to see him instead, just to be safe?

All a visa allows you to do is apply for entry, it does not guarentee admittance

Which is why the tips I gave should be helpful for everyone

Remember, lots of people visit with zero issues

Good luck

[Sarah&Michael 2]

Our lawyer advised if he could come instead of me going, it would be better, even when I also have a tourist visa and have had it since I was little. So he came. No big deal.

Edited May 31, 2011 by Sarah&Michael

[stevenandanna 0]

I read that on another website.

It should be ok if he has a valid visa.

He must bring evidence that you applied for a K-1 visa and he doesn't inted to stay because he is waiting for a fiance visa.

[Katie & Trev 3]

I'm actually going to see my fiance in two days for seven weeks; I'm taking along a copy of the NOA1, a letter from the government saying I'm expected to return on the 22nd July - I'm on financial aid at the moment as I don't have a job, a letter from my fiance's mom, and a thing saying I have a doctors appointment on the 27th July. Also will have the return ticket. I'll let you know how I go getting into America, lol. Hopefully all will go well! Just have to proove that you aren't going to get married illegaly or overstay.