Tourist Visa But Already Applied for K1

[Jeff A 3]

I would like to bring my fiancee to the USA for a visit in July on a tourist visa. She is from Romania, which is outside the visa waiver program. We filed for a K1 Visa in January, and it is still in the initial review stage at the USCIS. My question is, will it be difficult to get her a tourist visa or in any way negatively effect of K1 process? Any advice that can be given on this subject would be appreciated.

Thanks,

-Jeff

[cazzers 83]

It is very unlikely she will get the tourist visa, but there's no harm in trying. As far as i know, it does not affect the K1 visa if she gets a denial for the tourist visa.

http://www.visajourney.com/forums/topic/420585-tourist-visa-denied-while-k1-visa-pending/

Edited May 5, 2013 by cazzers

[slowlyman 118]

We tried it just last week. The officer asked my girlfriend if she had family or friends in the US beside me. She said no.

The officer told her with a K-1 pending she could not approve the B-2.

In talking with my Congressional aide, The problem is, the K-1 application shows a clear intent to immigrate. The risk of an overstay is high.

But by all means try. The worst that can happen is you loose $160.

Be up front about the pending K-1. If they catch your fiancee in a Lie, it could effect your chances of approval later on.

[Boiler 43,680]

So she would have been approved but for the K1?

[Boggy1974 124]

I doubt B2 approval, even if without a pending K1.

[slowlyman 118]

So she would have been approved but for the K1?

I doubt it, but that was the reason she gave my GF.

[Harsh_77 716]

I doubt it, but that was the reason she gave my GF.

With K1 process going on it is assumed the applicant has intention to immigrate to US, while for the CO to issue a B2 they must be convinced the applicant has no intention to immigrate.

Both cannot be true at the same time.

[Jeff A 3]

Even if I provide a notarized statement that she is coming just to visit and meet family? The purpose of the trip was just to get her introduced to my family and also to meet my children from a previous marriage. We still plan on getting the K1 and marrying then, not during the tourist trip.

[Boiler 43,680]

I have a feeling the question of why she wants to come is not an issue.

What does notarising do to such a statement?

[Jeff A 3]

Notarizing the statement means that if I was to commit Visa fraud, that I have done so even though I provided a sworn statement. It opens me up for possibly higher fines, etc., if we were to violate and get married before the K1.

But truth of the matter is that we don't want to commit Visa fraud, we just want to have her come meet the family. She hasn't been able to do it before now because her masters program. In July that will be finished.

[slowlyman 118]

I'm sure it varies from Embassy to Embassy, but I tried exactly what you describe. Spelling out the fact she would need to return for her K-1 medical exam and interview. She would also need to get her daughter for the trip to the US.

It still came down to the pending K-1 indicates a desire to immigrate.

The only way to know for sure is pay the fee and go to the interview.

[Boiler 43,680]

Notarizing the statement means that if I was to commit Visa fraud, that I have done so even though I provided a sworn statement. It opens me up for possibly higher fines, etc., if we were to violate and get married before the K1.

But truth of the matter is that we don't want to commit Visa fraud, we just want to have her come meet the family. She hasn't been able to do it before now because her masters program. In July that will be finished.

What fines are these?

Something I was unaware of.

[Casprd 167]

Even without the K-1 pending, to get a tourist visa especially for a single woman is incredibly difficult. Keep in mind that the VO's at the consulate are instructed to treat everyone as an intending immigrant. You have to show very strong financial and family ties to your home country in order to be approved. For my wife's sister to visit she won't be able to bring her 6 year old son with her because that would eliminate one of the strongest ties back to her home.

On a different note, I don't know how it is now, but when we started two years ago, applying for a tourist visa while a K-1 was pending caused problems in the K-1. A lot of that was country dependent but you have to keep the end goal in mind. Is it worth risking anything in the process if it may impact getting the approval of the K-1.

[arcticrobot 11]

My fiancee got B1/B2 visa from US Embassy in Moscow, Russia. Consular said that her case is difficult(young, unemployed, having K1 in progress) but still issued her a single entry visa with 3 month expiration. He said she doesn't need more because by that time she will get her K1. Immigration officer at JFK was friendly as well and after learning that she is my fiancee(I accompanied her) he stamped her I-94 with maximum 6 months stay. It is worth trying.

[newacct 688]

With K1 process going on it is assumed the applicant has intention to immigrate to US, while for the CO to issue a B2 they must be convinced the applicant has no intention to immigrate.

Both cannot be true at the same time.

Not true. The intention to immigrate refers to the intention to immigrate on that entry. Intention to immigrate in the future, after the person has left the U.S., is irrelevant.