Fiance Coming to US before K1 is Approved on Tourist Visa

[billybob1010 0]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

[Buxton babe 0]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

First, I would like to welcome you to VJ

Second, you wont appreciate all the responses

3) Yes she can visit you in the USA while the K1 is pending.

4) The fact that you are asking the question re:marriage on a tourist visa, puts you at odds with USCIS, do not do it

5) do a search above, using words such as, tourist, marriage, etc

[TnJLetourneau 0]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

First, I would like to welcome you to VJ

Second, you wont appreciate all the responses

3) Yes she can visit you in the USA while the K1 is pending.

4) The fact that you are asking the question re:marriage on a tourist visa, puts you at odds with USCIS, do not do it

5) do a search above, using words such as, tourist, marriage, etc

Agreed. I had a few people ask why my Fiance and I didn't just get married in Canada on one of my visits. They thought that us getting married was all it took for us to be together in the United States. Getting married before your K-1 is approved will cause many problems, and just make more hoops for you and your fiance to jump through.

Good luck, and welcome.

[AngelD 0]

Hi and welcome to VisaJourney

If you marry your fiancee while she in the US on a visitors visa she will have to return to her home country and then you will have to start the visa process all over using the K3 visa (for spouses not fiance).

Most countries that do not require a visa (not including K visas) to visit the US can usually visit during the K1 process provided you can prove strong ties to your home country--job, bank account, own a home or have a lease, children or other family. Access is at the border crossing's discresion--they can deny your fiancee access even if she can prove stong ties because it is usually assumed they are entering the US to immigrate. So the burden of proof is on your fiancee.

If you are already a month into the visa process I wouldn't set yourselves back the 2 months. Wait for the fiancee visa and then get married. Others with better knowledge of where your fiancee will probably give you better advice than I can on whether or not she will be able to get the tourist visa since I'm from Cananda and don't need a visa to visit then US for up to 90 days.

I can say that 3 weeks ago -just before we filed for our K1-I crossed into the US with my American Citizen infant daughter with a packet full of proof that I had strong ties to Canada--2 teenage children, a job, a lease, letter from employer and was yellow flagged--which means I was sent to another area for further interview before being allowed to get on the plane to the States (in Cananda you "cross the border" on Canadian soil in the airport). The interviewer asked why I was going to the states, why we hadn't filed for the K1 visa yet and told me I was being "sloppy" by travelling before the K1 was sent in. I told him I had the packet of information for the visa petition and we were about to send it in. He didn't want to see any of my proof even though I offered it to him and suggested we apply ASAP(which I explained we were just about to do). He then told me to not to worry because he wasn't deny us access this time. I was relieved but still very nervous. So even if you have all the right info they might say no--they are human and sometimes if you get someone in a crappy mood or is having a bad day it can transfer to you!

Anyway--best of luck--you'll find lots of great resources on here and some wonderful people with a ton of knowledge!!

Angel

[Otto 83]

Welcome to VJ - many happy years to you..

Try this thread...

Previous Thread on Subjet (One of many I'm sure)

[gwenneh 7]

If you marry her on the tourist visa before the K-1 is complete you will have one h*ll of a time trying to prove that she didn't enter the country with intent to remain when filing for AOS. The penalties for being found guilty of this are fairly severe, up to and including a bar from entering the US for a period of years and some stiff fines.

Don't do it. It's not worth it. You've started on one path, best to see it through. There are no shortcuts.

[~Chad~ 0]

Nothing I can add, just wanted to say welcome to VJ!

[mmmata 0]

We really wrestled with this one for some time and it seemed everywhere we checked, it seemed like a bad idea to enter the USA on another type of visa with the intent to marry.

I went to her country for the K1 interview (Jan 2 2007) and the guy there said "if she was already there why didn't you just marry her..?"

I cant help but think this was a loaded question to see what our intent was, ie, if we were doing the whole k1 for another reason. I told him it would be immigration fraud if we did that. He said ok and just processed our account.

Also, during the k1 process, we called the immigration group and asked about her visiting during the k1 process, and they said that was a bad idea too. That once you're in the system (NOA1/NOA2) your fiancee will be flagged at the port of entry. They'll think she's trying to arrive on a visitor visa with intent to marry (the fiance visa proves the intent).

Good luck.

m

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

[DA BOMB 1]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

If you married your fiance on a tourist visa (being that it was not planned...more of a "spur of the moment" deal) then she would stay in the US and you would file Adjustment of Status within the US. Keep in mind she would have to stay in the US unless she applied for travel while the AOS is pending.

[We_Destiny 1]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

If you married your fiance on a tourist visa (being that it was not planned...more of a "spur of the moment" deal) then she would stay in the US and you would file Adjustment of Status within the US. Keep in mind she would have to stay in the US unless she applied for travel while the AOS is pending.

I'm not trying to be a stick in the mud , but if someone is telling you, they plan to fraud the system. Maybe you should not perpetuate the dishonesty (being that it was not planned...more of a "spur of the moment" deal) . How could it be a spur of the moment deal if it's planned .

Hey don't get me wrong, all situations have alot of ( that's possible ), and yes, they might get over and have success in deception . However, to advise and encourage such a plan makes it harder on everyone else trying to do the right thing .

We as humans are entitled to our opinions . However, destrucitve opiions should be utilized by the person with the opinion .

[DA BOMB 1]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

If you married your fiance on a tourist visa (being that it was not planned...more of a "spur of the moment" deal) then she would stay in the US and you would file Adjustment of Status within the US. Keep in mind she would have to stay in the US unless she applied for travel while the AOS is pending.

I'm not trying to be a stick in the mud , but if someone is telling you, they plan to fraud the system. Maybe you should not perpetuate the dishonesty (being that it was not planned...more of a "spur of the moment" deal) . How could it be a spur of the moment deal if it's planned .

Hey don't get me wrong, all situations have alot of ( that's possible ), and yes, they might get over and have success in deception . However, to advise and encourage such a plan makes it harder on everyone else trying to do the right thing .

We as humans are entitled to our opinions . However, destrucitve opiions should be utilized by the person with the opinion .

How do you know his intent? Its a question he had thats answered. Even people with knowledge of the system take this route and we here on VJ or even the people processing the AOS applications will never fully know the INTENT of the couple who married. They only go by a 30/60 day rule. If you marry after 60 days of being in the country its ASSUMED there was no intent to marry when the foreign fiance entered. I think this is ridiculous but whatever floats their boat. I would love to go this route but however much of a ###### I am...Im not a liar........and I wouldnt put my fiance in this situation. He'll even miss the birth of our child because we're doing this the "right" way. Contrary to belief...there ARE faster ways to be together than the K visas.

[JenT 0]

This question has been asked numerous times on this forum. You might want to do some searching to see other responses. First, she'd better be prepared to show that she does not have immigration intent when she arrives. That includes a return ticket and lots of evidence of ties to her home country. The K1 Visa is a non-immigrant visa.

Asking about marriage when she arrives proves there is immigration intent and to offer any advice, other than "don't do it" is against the TOS of this board.

[Rob and Melinda 0]

Just repeating what has already been said:

Coming to visit on the tourist visa is completely leagal, marrying here while you have a K-1 in process is not.

Rob and Melinda

[We_Destiny 1]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

If you married your fiance on a tourist visa (being that it was not planned...more of a "spur of the moment" deal) then she would stay in the US and you would file Adjustment of Status within the US. Keep in mind she would have to stay in the US unless she applied for travel while the AOS is pending.

I'm not trying to be a stick in the mud , but if someone is telling you, they plan to fraud the system. Maybe you should not perpetuate the dishonesty (being that it was not planned...more of a "spur of the moment" deal) . How could it be a spur of the moment deal if it's planned .

Hey don't get me wrong, all situations have alot of ( that's possible ), and yes, they might get over and have success in deception . However, to advise and encourage such a plan makes it harder on everyone else trying to do the right thing .

We as humans are entitled to our opinions . However, destrucitve opiions should be utilized by the person with the opinion .

How do you know his intent? Its a question he had thats answered. Even people with knowledge of the system take this route and we here on VJ or even the people processing the AOS applications will never fully know the INTENT of the couple who married. They only go by a 30/60 day rule. If you marry after 60 days of being in the country its ASSUMED there was no intent to marry when the foreign fiance entered. I think this is ridiculous but whatever floats their boat. I would love to go this route but however much of a ###### I am...Im not a liar........and I wouldnt put my fiance in this situation. He'll even miss the birth of our child because we're doing this the "right" way. Contrary to belief...there ARE faster ways to be together than the K visas.

Let us stop pretending Mre Bill Bong, or billybob1010, or Geraldine or Spammer, it's obvious your home on maternity leave ( hopefully ) or unemployeed, and you are depressed, bored and lonely. Why must we be subjected to your multiple personalities, they continually ask the same questions, take your medication and join them together. Or better yet have them stick posted pads to your computer screen, so, when they pop in and out your head, they can just search for questions the previous personalities asked. =Your Solution

CHECKMATE AGAIN.

[DA BOMB 1]

We submitted our K1 Visa application back in January. My Fiance currently has a valid multiple entry tourist Visa for the US. Can she travel into the US before the K1 is approved? What would happen if I married her while she came on the tourist Visa with the K1 application still pending?

Thanks- appreciate all the responses!

If you married your fiance on a tourist visa (being that it was not planned...more of a "spur of the moment" deal) then she would stay in the US and you would file Adjustment of Status within the US. Keep in mind she would have to stay in the US unless she applied for travel while the AOS is pending.

I'm not trying to be a stick in the mud , but if someone is telling you, they plan to fraud the system. Maybe you should not perpetuate the dishonesty (being that it was not planned...more of a "spur of the moment" deal) . How could it be a spur of the moment deal if it's planned .

Hey don't get me wrong, all situations have alot of ( that's possible ), and yes, they might get over and have success in deception . However, to advise and encourage such a plan makes it harder on everyone else trying to do the right thing .

We as humans are entitled to our opinions . However, destrucitve opiions should be utilized by the person with the opinion .

How do you know his intent? Its a question he had thats answered. Even people with knowledge of the system take this route and we here on VJ or even the people processing the AOS applications will never fully know the INTENT of the couple who married. They only go by a 30/60 day rule. If you marry after 60 days of being in the country its ASSUMED there was no intent to marry when the foreign fiance entered. I think this is ridiculous but whatever floats their boat. I would love to go this route but however much of a ###### I am...Im not a liar........and I wouldnt put my fiance in this situation. He'll even miss the birth of our child because we're doing this the "right" way. Contrary to belief...there ARE faster ways to be together than the K visas.

Let us stop pretending Mre Bill Bong, or billybob1010, or Geraldine or Spammer, it's obvious your home on maternity leave ( hopefully ) or unemployeed, and you are depressed, bored and lonely. Why must we be subjected to your multiple personalities, they continually ask the same questions, take your medication and join them together. Or better yet have them stick posted pads to your computer screen, so, when they pop in and out your head, they can just search for questions the previous personalities asked. =Your Solution

CHECKMATE AGAIN.

LOL huh? You're bizarre. I cant stop laughing!

BTW to the OP - Marrying in the US while processing a K1 visa is NOT illegal. You would revoke the K1 and repetition for a K3 unless you filed for Adjustment of Status which is also NOT illegal unless the INTENT to marry was there when you arrived at the POE.