Traveling while pending K1?

[kattaway 1]

My son is graduating in May 2012 and I would like my fiance to accompany me. I have not yet submitted the K1 petition but will be doing so next month as we have been gathering info and documents on his visit this past week. Will he be able to visit me still with a pending K1? Also the graduation is in Texas, will that matter at all?

[payxibka 10,048]

one is granted entry to the usa, last i checked, texas was still a part of the union, though that may change someday

[Ning 619]

My son is graduating in May 2012 and I would like my fiance to accompany me. I have not yet submitted the K1 petition but will be doing so next month as we have been gathering info and documents on his visit this past week. Will he be able to visit me still with a pending K1? Also the graduation is in Texas, will that matter at all?

Its unlikely he would be able to get a tourist visa under any circumstances but with a pending K 1 there is zero chance. All people with tourist visas are considered intending immigrants. They must attempt to meet the strongest ties rule which means they must prove they must return to their country. Doing that coming from Hati is about as difficult as it gets. Exposing the fact that he intended to visit you as a fiance would result in a denial.

[payxibka 10,048]

Its unlikely he would be able to get a tourist visa under any circumstances but with a pending K 1 there is zero chance. All people with tourist visas are considered intending immigrants. They must attempt to meet the strongest ties rule which means they must prove they must return to their country. Doing that coming from Hati is about as difficult as it gets. Exposing the fact that he intended to visit you as a fiance would result in a denial.

maybe more difficult but certainly has happened. Consulate is not aware of petitions that are pending and only become aware of the beneficiary's situation after approval and petition has been submitted to nvc.

[Gosia & Tito 199]

maybe more difficult but certainly has happened. Consulate is not aware of petitions that are pending and only become aware of the beneficiary's situation after approval and petition has been submitted to nvc.

Even if visa was granted, officers at POE can ask direct questions for his visit and might not grant entry.

It is not forbidden or banned to have a tourist visa while K-1 is in process; but anecdotal evidence here suggests that citizens from some countries are more likely to get visa and be allowed entry. Unfortunately, Haiti is not one of those countries. If a tourist visa is denied, it normally has not effect on the application for K-1.

[kattaway 1]

He has a tourist visa already, he was just here and left this morning. Will he lose that once I file the petition for the K-1?

[kattaway 1]

ALSO, He is a citizen of Haiti but has lived and worked in the Turks and Caicos Islands for 13 yrs through an annual work permit. I was told everything would go through Haiti being he is a citizen there. But he travels to and from T&C Islands when he comes to visit me.

He has a tourist visa already, he was just here and left this morning. Will he lose that once I file the petition for the K-1?

[Ning 619]

maybe more difficult but certainly has happened. Consulate is not aware of petitions that are pending and only become aware of the beneficiary's situation after approval and petition has been submitted to nvc.

As she gives the facts it certianly appears he has a tourist visa. I should have seen that when she said he was visiting.

When I applied they asked me if there was a pending petition. I told the truth & was denied.

[payxibka 10,048]

Even if visa was granted, officers at POE can ask direct questions for his visit and might not grant entry.

It is not forbidden or banned to have a tourist visa while K-1 is in process; but anecdotal evidence here suggests that citizens from some countries are more likely to get visa and be allowed entry. Unfortunately, Haiti is not one of those countries. If a tourist visa is denied, it normally has not effect on the application for K-1.

A Brit or Canadian will be treated differently than a Pole or Filipino. Right or wrong, it is what it is

[kattaway 1]

Okay, thanks for the info so far, but being that he already has a tourist visa, will he lose that once the K-1 has been submitted? Can he still travel using his tourist visa while it's pending? I understand that he could be turned away at POE but just curious if he can still travel or will he lose it?

[payxibka 10,048]

Okay, thanks for the info so far, but being that he already has a tourist visa, will he lose that once the K-1 has been submitted? Can he still travel using his tourist visa while it's pending? I understand that he could be turned away at POE but just curious if he can still travel or will he lose it?

he will lose it once he is issued the k-1 visa at the consulate, not when the petition is filed

Edited December 12, 2011 by payxibka

[missicy 87]

Yes, he can still travel on his tourist visa while K-1 petition is pending, but he could be turned away at POE.

[Gosia & Tito 199]

Okay, thanks for the info so far, but being that he already has a tourist visa, will he lose that once the K-1 has been submitted? Can he still travel using his tourist visa while it's pending? I understand that he could be turned away at POE but just curious if he can still travel or will he lose it?

He can travel, the tourist visa will be cancelled once and only after the K-1 is given. Now, as I said, he might be asked the reason of his visit to the US, directly or indirectly. One important thing: never lie to a customs officer. It is possible to answer questions without giving too much info, but on a direct question, such as "are you visiting your fiancee?", he would have to say Yes. Given his prior visit, that might be sufficient 'proof' that he does not intent to stay, but, different officers and different POE could make a difference.