Holiday visa while awaiting K1

[Leah and Matt 120]

Hi all my fiance and i are in the long hual process of our K1. 

Should i wanna go and visit her inbetween this time on a holiday visa would i be granted one or do u think the embassy will detect it or if i told them we are in the process they would deny me thinking that id run once there?

[NYCruiser 423]

17 minutes ago, Leah and Matt said:

Hi all my fiance and i are in the long hual process of our K1. 

Should i wanna go and visit her inbetween this time on a holiday visa would i be granted one or do u think the embassy will detect it or if i told them we are in the process they would deny me thinking that id run once there?

With Immigration as with all things, HONESTY is the answer.

On the application for a Visitor's Visa, they clearly ask if you a recipient of a petition, visa, etc...Your answer should be yes and give details. Depending on the country, you might get refused since you have a strong tie to the US and not South Africa. 

 

 

[Unlockable 7,315]

Yes, you are free to apply for a tourist visa while waiting for your K1 approval. Whether or not you get the visa is another story. It will depend on if you can provide strong evidence on why you need to return (good job/business, house to pay for, school, etc). You are correct that the interviewing officer wants to feel that you will not stay in the US once you get here on a tourist visa.

 

Good luck.

[Leah and Matt 120]

Yea need to then think of something to convince them. Look id wanna go visit as 9000 miles is a narley long distance and at least being able to see my fiance and kid would be amazing for a few weeks reset the long distance ta knw. 

To me id obviously return i mean id wanna go over in the most legal way soni dont have to fear anything. 

 

But thanks all for the answers

[HOORAY7 165]

On ‎2‎/‎26‎/‎2018 at 12:16 PM, NuestraUnion said:

Yes, you are free to apply for a tourist visa while waiting for your K1 approval. Whether or not you get the visa is another story. It will depend on if you can provide strong evidence on why you need to return (good job/business, house to pay for, school, etc). You are correct that the interviewing officer wants to feel that you will not stay in the US once you get here on a tourist visa.

 

Good luck.

Agree on all, definitely on both replies based on our experience.

[DanyalW 1]

I'm not sure if this is helpful, but I already had my B1/B2 before applying for the K1 and I've been coming in and out no problem - no one at customs has ever even asked me about the pending K1, although I have always had all documents, etc ready to go. Last year I also applied for my B1/B2 to be extended (as I am staying with my fiance in the states now, mostly). Long story - I had to go home anyway and didn't end up using the extension - but I made the application for one and it was successfully received (they didn't deny it). In that application I was honest and said that it would be strenuous for us to be apart for so long since the visa processing times have recently been extended due to new immigration policies. I made the argument that we are wanting to do things legally and would never risk deportation (hence the K1 application), and that the tourist visa is purely for visitation. Then of course I was able to show that I am still a registered doctoral student with university of cape town (my ties back home), and also showed that I have funds/income to support myself in the states without work (my fiance also signed a letter saying that he would provide housing for me while I am here in the States). Basically, long story short, there is nothing illegal about visiting while the K1 is pending - you just have to make the effort to address any concerns in advance for misuse of the visa. I think that you actually have a pending K1 application is proof that you are not intending to abuse the tourist visa!