K-1 & K-2 Visa for Tourist or Vacation

[InHisTime 110]

Have a good day! I just wanna thank everyone who shared wonderful thoughts or insights to my case yesterday. I really appreciate it deep in my heart. Now, may I ask or confirm if K-1 & K-2 Visa could be used for tourist or vacation? let say 1-2 months only ? I just thought not marrying anymore my Fiance as at this time he is still on limbo (though visa on hand), so as not to waste the expenses and efforts spent in getting the visa, we might as well use it to travel for tourist / vacation purpose. It would be great for my kids as well. I have a couple of relatives in the US and of course it would be nice too that we could also visit my Fiance and see his place and meet his family.

For now, I just thought of not getting into marriage, don't wanna force someone who is pessimistic and lack of faith in God and not fully committed of what he believes. It is sad and painful, but I just need to be strong. I'm still thankful to God for I know he has a very good reason why things happened. I don't have any anger with my Fiance, we still talk and still in a relationship. I just thought that we just take our time, keep the friendship, no pressures and if God will really bring us together someday or somehow, let it be. I trust God, he knows best for sure

Just a thought, is it possible? How is it to be at the POE ? Is there no possible issue? I know we have to come back before 90 days. Life is better this way. God bless and thank you all again in advance. Take care everyone.

[mapletree 33]

The K-1 is for entry with intent to marry within 90 days only. Once you have the K-1, you cannot then use it for another purpose.

Similarly, if you have a tourist visa and you land with intent to marry, you will be turned away. I know of a woman that landed and when asked said she was there to visit her boyfriend and they put her on the next flight back to China.

There is nothing wrong with entering with a K-1 and honestly intending to marry, then changing your mind after you are here. Similarly, there is nothing wrong with honestly entering as a tourist and meeting someone and deciding to get married while you are here.

But the two visas should not me used for an improper purpose. This is not an admission ticket to come to the USA. This is permission to come to the USA for specific conduct and if there is evidence that you do not intend to use the visa for the intended purpose, there may be consequences.

Can you do this and get away with it? Probably, if you are smart.

Should you? Probably not.

If you fly in the LAX where your relatives are and your Petitioner is in SLC, then you will get flagged and might be sent back. (For example.) As well, your former fiancé can, with a phone call, see that you are flagged for fraud and unlikely to ever get into the USA again.

Edited November 15, 2011 by mapletree

[InHisTime 110]

The K-1 is for entry with intent to marry within 90 days only. Once you have the K-1, you cannot then use it for another purpose.

Similarly, if you have a tourist visa and you land with intent to marry, you will be turned away. I know of a woman that landed and when asked said she was there to visit her boyfriend and they put her on the next flight back to China.

There is nothing wrong with entering with a K-1 and honestly intending to marry, then changing your mind after you are here. Similarly, there is nothing wrong with honestly entering as a tourist and meeting someone and deciding to get married while you are here.

But the two visas should not me used for an improper purpose. This is not an admission ticket to come to the USA. This is permission to come to the USA for specific conduct and if there is evidence that you do not intend to use the visa for the intended purpose, there may be consequences.

Can you do this and get away with it? Probably, if you are smart.

Should you? Probably not.

If you fly in the LAX where your relatives are and your Petitioner is in SLC, then you will get flagged and might be sent back. (For example.) As well, your former fiancé can, with a phone call, see that you are flagged for fraud and unlikely to ever get into the USA again.

Thank you for your thoughts. There would be no problem with my Fiance, I'm sure he will be at the airport when we arrived just in case we really get there. We still have a good relationship, just thought of giving more time for ourselves as not to put so much pressures as he is on limbo stage right now, couldn't decide on bringing us all together because of the economic conditions / job market, etc. He don't wanna ruin our future and struggle life as we do have a good life here. He wants to move here in the Philippines sooner. But, if we will encounter problem on using the visa for vacation of least a month, then I won't ever take the risk. Just a thought so as not to fully waste the money spent in getting it. I have no plans of staying any longer there as I have business waiting me here. I don't intend to commit any fraud at all. Just that my Fiance is quite worrying of us getting there at the moment because of financial stability. We didn't know at the beginning that Fiance visa is quick in getting approval. Fiance is a good guy, and I find it even better telling me now of the situation and risks, before giving up everything what I have here. I take it as a blessing than ending up miserable life as he is not fully prepared. Anyway, I would love to hear other comments from other VJs too. Thank you so much for the inputs. I would consider your thoughts. God bless.

[mapletree 33]

It sounds like you could come and get married and then return. The choice of getting married is separate from where you want to live.

[CristiFur 15]

wow you are one class act. I commend you on how you are handling the situation. I'm happy that you can both come to an agreement.

Now as for your other question, I honestly would not take that chance, if you get caught theres too much to loose, not only for you but your children, what if in the future your children do find the opportunity to migrate in the US, if you get caught that may jeopardize their chances.

[Theresa0828 65]

I suggest go ahead and travel to the US... I think the reason for the 90 days period granted for K-1 is to give time for the couple to really think about getting married and also adjustment period if things will really work... perhaps within that period, your fiance's apprehension will come to naught and you will both realize that marriage is not that bad at all economically... Just be sure that you won't tell the people at the POE that you have no plan in marrying your fiancee and you are only here for vacation... You and your kids will surely not getting out of that airport and will be on the next plane back home...

[InHisTime 110]

wow you are one class act. I commend you on how you are handling the situation. I'm happy that you can both come to an agreement.

Now as for your other question, I honestly would not take that chance, if you get caught theres too much to loose, not only for you but your children, what if in the future your children do find the opportunity to migrate in the US, if you get caught that may jeopardize their chances.

Hi "CristiFur", could you please explain "if you get caught" ?? What's wrong? I don't have any intend to overstay, probably just a month, just not to waste the expenses of getting the visa at same time chance of getting to know the family of my fiance and see what actually his life. I will be with my kids the more I have to be extra careful not doing anything wrong. We may apply again visa in the future probably after several years of staying here, but not for immigrant purpose. Thank you for the possible consequences you thought for my kids, but don't you worry the kids have to come back as well with me as we have so much ties here. We won't ever ruin the chance as we never know kids when they grow up they might want to consider working in the states. I appreciate your comments and still weighing the possibility though but if it is really not possible then it is fine with me then. Thanks and God bless !

[Girl from Celebes 588]

The K-1 is for entry with intent to marry within 90 days only. Once you have the K-1, you cannot then use it for another purpose.

Similarly, if you have a tourist visa and you land with intent to marry, you will be turned away. I know of a woman that landed and when asked said she was there to visit her boyfriend and they put her on the next flight back to China.

There is nothing wrong with entering with a K-1 and honestly intending to marry, then changing your mind after you are here. Similarly, there is nothing wrong with honestly entering as a tourist and meeting someone and deciding to get married while you are here.

But the two visas should not me used for an improper purpose. This is not an admission ticket to come to the USA. This is permission to come to the USA for specific conduct and if there is evidence that you do not intend to use the visa for the intended purpose, there may be consequences.

Can you do this and get away with it? Probably, if you are smart.

Should you? Probably not.

If you fly in the LAX where your relatives are and your Petitioner is in SLC, then you will get flagged and might be sent back. (For example.) As well, your former fiancé can, with a phone call, see that you are flagged for fraud and unlikely to ever get into the USA again.

Yes, it is true. The CO put my tourist visa on 221g because on form I wrote," visit my boyfriend".

Edited November 15, 2011 by Girl from Celebes

[mapletree 33]

Yes, it is true. The CO put my tourist visa on 221g because on form I wrote," visit my boyfriend".

My reference was to someone not on this forum from China that landed in SFO and was asked what she planned to do in the USA and she happily said, "I am here to see my boyfriend." They went on to question her and she blindly confessed that they were talking about marriage and kids. She was detained and sent on a flight back the next day.

!doh!

[Girl from Celebes 588]

My reference was to someone not on this forum from China that landed in SFO and was asked what she planned to do in the USA and she happily said, "I am here to see my boyfriend." They went on to question her and she blindly confessed that they were talking about marriage and kids. She was detained and sent on a flight back the next day.

!doh!

I agreed. I mean, IF you see my quote "saying meeting boyfriend" regardless whether they are on interview being asked or when they are on POE being asked. I am very clearly to see your explanation about the Chinese woman. I STRESSING out, the CO asked me," what are you intention go to US?" - she already had seen my intention on paper- I said," meet my boyfriend". She said," oh well, we can't issue tourist visa because we are very strict about it and we are consider you to file petition for K-1 Visa". I was lucky did not have to put in the situation like the Chinese woman had. IF you understand my intention too.

[Girl from Celebes 588]

My reference was to someone not on this forum from China that landed in SFO and was asked what she planned to do in the USA and she happily said, "I am here to see my boyfriend." They went on to question her and she blindly confessed that they were talking about marriage and kids. She was detained and sent on a flight back the next day.

!doh!

PS: I do not know what was Chinese woman said when applied tourist visa. I bet, she did not mention," oh I want to see my boyfriend," otherwise her visa application would be denied at first place".

[CristiFur 15]

Hi "CristiFur", could you please explain "if you get caught" ?? What's wrong? I don't have any intend to overstay, probably just a month, just not to waste the expenses of getting the visa at same time chance of getting to know the family of my fiance and see what actually his life. I will be with my kids the more I have to be extra careful not doing anything wrong. We may apply again visa in the future probably after several years of staying here, but not for immigrant purpose. Thank you for the possible consequences you thought for my kids, but don't you worry the kids have to come back as well with me as we have so much ties here. We won't ever ruin the chance as we never know kids when they grow up they might want to consider working in the states. I appreciate your comments and still weighing the possibility though but if it is really not possible then it is fine with me then. Thanks and God bless !

Sis nuka be? dami u tanong

Sis I really don't know how you can get caught or how they can prove you don't have any intention of marrying while your here on a K visa. The problem as the others stated and I believe it's in the USC K1 visa description that k1 is intended for the sole purpose of getting married, if you already know ahead that you guys don't plan to marry then that is false use of the visa and grounds for some consequences.

Let's just say hypothetically INS,ICE, USCIS.etc..found out about your plan and charge you for visa fraud and resulted in you being banned from re-entry, even though you children would not be fully accountable for the visa fraud, they may be put on a less severe watch list that can affect eligibility/benefits for future admission to the US (remember this is all hypothetical).

Everyone seems to be experts on the process of coming here on a K1 but does anyone know exactly what happens if you decide not to marry and return? Do you just return your I-94 and get on a plane or is there a process that includes an exit interview with authorities, or follow up survey afterwards? Just curious!!!!

[payxibka 10,044]

Sis nuka be? dami u tanong

Sis I really don't know how you can get caught or how they can prove you don't have any intention of marrying while your here on a K visa. The problem as the others stated and I believe it's in the USC K1 visa description that k1 is intended for the sole purpose of getting married, if you already know ahead that you guys don't plan to marry then that is false use of the visa and grounds for some consequences.

Let's just say hypothetically INS,ICE, USCIS.etc..found out about your plan and charge you for visa fraud and resulted in you being banned from re-entry, even though you children would not be fully accountable for the visa fraud, they may be put on a less severe watch list that can affect eligibility/benefits for future admission to the US (remember this is all hypothetical).

Everyone seems to be experts on the process of coming here on a K1 but does anyone know exactly what happens if you decide not to marry and return? Do you just return your I-94 and get on a plane or is there a process that includes an exit interview with authorities, or follow up survey afterwards? Just curious!!!!

OMG. Where is the fraud if the fiance(e) enters, doesn't get married and simply leaves?

Highlighted above is all you need to do

[MalaysianGirl 26]

OMG. Where is the fraud if the fiance(e) enters, doesn't get married and simply leaves?

^^ WIN!

I do not see any problems with the OP going to the US on her approved K1 visa (with her kids on their K2 visas), meeting her fiance, deciding whether to get married or not, and if not, coming home to the Philippines.

What she does besides that (i.e. meet her friends and relatives) is not wrong whatsoever. Why do people think that is wrong?!

The OP has time and time again clarified that she has no intention to commit fraud in any way. She just has to make sure that at the POE, she does NOT tell the CBP officer that she's going to the US on her K1 visa "to be a tourist or for vacation purposes only". That's not her primary reason, I don't think; her primary reason is to decide whether to marry her fiance or not.

If they decide not to marry, she and her kids can come home to the Philippines. No harm done whatsoever.

[MalaysianGirl 26]

(Permission to edit my earlier post was not given, so I will post my edit here.)

:: EDIT :: Dear OP, I just re-read your first post; I'd suggest that you only decide whether to marry or not when you are already in the US. When was the last time you saw your fiance? If it has been a long time, perhaps the seeing each other again would change your current decision of not wanting to marry him? :: END EDIT ::