Has anyone visited US on tourist visa while waiting for k3?

[jwcir12016 32]

I have read a lot of conflicting stories and wanted to see if anyone has experience. My husband and I are awaiting K3 approval. I am moving back to the states and we have a small son. I wanted to see if he can visit while we wait. We are not from a visa waiver participating country. But my husband can prove strong ties to his country and that he has intentions to return. Has anyone actually done this or knows a significant amount about this?

[JDWright 30]

Please see the following forum

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[HFM181818 750]

and what, realistically, are reasons for returning that are more compelling than having one's spouse and child in the US? Unless your husband is high up in office (not merely high up in an office building!), there are few jobs that would outweigh the desire to stay put in the US with one's family.

[NikLR 13,227]

If you are doing DCF like your profile says you'll get an Ir1 or Cr1 visa depending on length of marriage upon entry.

Yes people can visit, however there are a lot of varying factors including, but not limited to, if a B2 visa is needed to visit, if the spouse already has a visitor visa, and their proof of ties to their home country.

[jwcir12016 32]

and what, realistically, are reasons for returning that are more compelling than having one's spouse and child in the US? Unless your husband is high up in office (not merely high up in an office building!), there are few jobs that would outweigh the desire to stay put in the US with one's family.

 

It is people like you and your responses that scare vj users who seek honest answers. Not all people looking to come to the United States seek to stay and create problems with the visas they are waiting for in the United States or within their own country. My husband has VERY strong ties to his country and would have been granted a tourist visa and returned after a vacation in the states. Not everyone is so ill willed or corrupt as you think! If you don't have any productive comments it's best not to comment at all. This is an information seeking site.

Edited November 18, 2015 by Ryan H

[Boiler 45,670]

Did he get a B?

[HFM181818 750]

I am providing information and thought provoking feedback, based on considerable experience. Visa abuse is not an unknown occurrence by Peruvians. While you claim he has strong ties, why has he not been granted a tourist visa? As you discovered, your beliefs about somebody's ties to their country are not considered.

As for honest answers, few people who have posted questions regarding stories to tell in order to get a visa were not looking for honest answers - and no doubt, some of my observations were not what they were looking for. But helping people circumvent our laws is not something I do.

As you have no doubt read on this or other sites, way too many people have their instantaneous mind change upon arrival in the US with a B2 visa, and it's their actions that negatively impact other people's chances to obtain a tourist visa. That is a fact of life. It's not supposition on my part. How many posts have we seen on this site, in which the first words were....'gosh, we had no intention of getting married and staying, but.....'....and your husband will have to convince a CO (should he apply for a B2 visa) that he will not have a mind change either. Not an easy thing to prove. Convincing a CO will be difficult.

When, for example, penciling out a chart, with captions such as, 'reasons for returning' and 'reasons for staying', how does some likely random job outweigh having a spouse and child in the US, waiting for the final stages of immigrant visa processing? That will be the challenge.

In fact, that is the HONEST answer.

[jwcir12016 32]

I am providing information and thought provoking feedback, based on considerable experience. Visa abuse is not an unknown occurrence by Peruvians. While you claim he has strong ties, why has he not been granted a tourist visa? As you discovered, your beliefs about somebody's ties to their country are not considered.

As for honest answers, few people who have posted questions regarding stories to tell in order to get a visa were not looking for honest answers - and no doubt, some of my observations were not what they were looking for. But helping people circumvent our laws is not something I do.

As you have no doubt read on this or other sites, way too many people have their instantaneous mind change upon arrival in the US with a B2 visa, and it's their actions that negatively impact other people's chances to obtain a tourist visa. That is a fact of life. It's not supposition on my part. How many posts have we seen on this site, in which the first words were....'gosh, we had no intention of getting married and staying, but.....'....and your husband will have to convince a CO (should he apply for a B2 visa) that he will not have a mind change either. Not an easy thing to prove. Convincing a CO will be difficult.

When, for example, penciling out a chart, with captions such as, 'reasons for returning' and 'reasons for staying', how does some likely random job outweigh having a spouse and child in the US, waiting for the final stages of immigrant visa processing? That will be the challenge.

In fact, that is the HONEST answer.

First off, behind every visa abuse case there is an American petitioner, who is well aware of the authenticity of their relationship with the applicant and the applicant's intentions, whether or not they choose to admit that on here when they post about things spiraling out of control during their journey. As for my case, my original post was from June, we had yet to hear from USCIS, and according to the State Department, there is travel allowed while an applicant is awaiting a K3 visa, provided they have sufficient ties to their home country to prove they will return. I did not know what those were at the time and asked for other's experiences. Upon further research since I have previously worked for the State Dept through the US Embassy in Peru, I was able to call and ask questions anyone can ask, and discovered my husband's TIES , not what we "BELIEVED" were ties as you stated, were in fact beyond sufficient. My husband is a government official, the documentation related to his job would not need any other convincing to a CO, and he would have no problems at a POE. There are many factors in this situation that any well informed person could decide if their case would create problems at a POE. We did not apply for the B2, because shortly after my inquiring post the i130 was approved and the case sent to NVC and switched to a CR1. The time left for the visa processing to us meant that an extra trip for my husband to the US wouldn't be necessary for our family. As I said to you before, your response to a post should be informative or productive, if not you have no reason to post. Just because you read wacky stories others post on vj, it does not make you an expert in something you personally have no experience with.

[HFM181818 750]

Actually, I have considerable experience in the consular world, far more than any 200 people who post on this site...having dealt with all manner of visa issues over many many years, and having been considered one of the best interviewers around, sought after to chase down visa fraud and other malfeasance associated with the world of visas, from B2's to H1b's, L's, you name it. No one can determine one's ties to one's country of residence via the telephone...answers someone may have given you are not considered to be the last word in determining one's qualifications....

Having heard thousands of stories and excuses over the years has put me in a position to reflect on the various posts on this site from a perspective that no one else has and when I detect the possibility of someone trying to find the path to circumventing visa processing or other factors associated with visas, AOS, etc, I offer my opinions....as for 'help', well, there is no one who could post anything meaningful that would be considered help, as third party opinions, even mine, are not something that can be offered as proof of anything when it's time for an interview, etc.

Even immigration attorneys who offer to help, have one and only one objective: rake in as much cash as possible from any client.

My opinions are free.

[lost_at_sea 995]

+1 Boiler's question.

Basically, if he already has a B visa, he'll probably be fine to visit. If he doesn't, it might be an issue for him to get one and he'll have to wait til he gets his immigrant visa.

It's worth a try to get the B visa, since there's nothing to lose (except a bit of time and money - unlike VWP countries, who can lose their VW option if they are denied a B).

[Boiler 45,670]

B refusal may create ESTA issues.

OP said they never tried so who knows.

[HFM181818 750]

As for help, I informed the OP that unless her husband was a high official in the government, etc....and she now mentions this as his occupation.....if true, then he has a better chance....

[Ontarkie 14,280]

~~Thread locked, the OP stated they are no longer looking at a tourist visa so this thread is now moot!~~