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Lucabrats

Has Tourist Visa with K1 Visa In-Process

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Posted (edited)

My fiance' has a tourist visa and we just initiated the K1 Visa process. My question is that will she be allowed to enter the USA on her tourist visa or will she be turned away and deported while the K1 Visa is being processed? One of my friends works at Minneapolis St. Paul Airport (MSP) as Airport Security. He asked two CBP agents he knows this question. Both told him that they would turn her away and deport her. Additionally, that deporting her may jeopardize the K1 Visa by delaying and or causing the application to be denied. I cannot find any definitive or any information at USCIS regarding whether or not a person may enter the USA on an existing Tourist Visa while a K1 Visa application is in process. Can anyone provide a reference or definitive information that can clarify what the rule is?  Obviously, if I wanted to break the rules, I would have married her while visiting the USA on her tourist visa and not file an K1 Visa application. Please advise. Thanks!

Edited by Lucabrats

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Posted (edited)

She just has to provide strong ties to her home country until she has the K1 in hand and makes the move.

 

I carried bank statements, my lease, a letter from my employer, car insurance.  Anything and everything that shows her intent to only visit, until she is granted the permission to move.  

 

Edit:  it is never guaranteed that a non-US citizen will be admitted, but on a balance of logic and probabilities, she should be okay.  

Edited by Cryssiekins
Add’l info

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No one here can provide a definitive answer as we don't work for CBP, and even then it's up to the individual CBP agent to make the call. It is also up to her to bring as much evidence as possible to show the border agent that her trip is just for a short visit. She could be denied entry if they think she has immigrant intent, which could be an issue with a pending K-1 application.

 

1 hour ago, Lucabrats said:

One of my friends works at Minneapolis St. Paul Airport (MSP) as Airport Security. He asked two CBP agents he knows this question. Both told him that they would turn her away and deport her.

Also, I don't think being denied entry and deportation are the same thing...? So...I would take whatever info you've heard with a grain of salt...pretty sure denial of entry is not nearly as severe as a deportation. Official definitions via Embassy website:

 

https://ie.usembassy.gov/visas/ineligibilities-and-waivers/denied-entry-deported-removed-from-u-s/

 

But technically she can try to come over on the B visa, she is not automatically banned from visiting just because a K-1 is pending. People from ESTA countries visit all the time during the K-1 process...I'd imagine the situation is similar with a B but I can't speak from experience on that.


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Posted (edited)
16 minutes ago, millefleur said:

Also, I don't think being denied entry and deportation are the same thing...? So...I would take whatever info you've heard with a grain of salt...pretty sure denial of entry is not nearly as severe as a deportation. Official definitions via Embassy website:

The CBP officer has discretion to allow them to withdraw their application for admission or to issue an expedited deportation.

Unless somebody is being deceptive or lying or such, a withdrawal of application is typically offered. The deportation option usually comes in when there's more to the story than just wanting to visit.

Edited by geowrian

Timelines:

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9/25/17: sent forms to Chicago

9/27/17: received by USCIS

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10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

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1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

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I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

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4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, Lucabrats said:

My fiance' has a tourist visa and we just initiated the K1 Visa process. My question is that will she be allowed to enter the USA on her tourist visa or will she be turned away and deported while the K1 Visa is being processed? One of my friends works at Minneapolis St. Paul Airport (MSP) as Airport Security. He asked two CBP agents he knows this question. Both told him that they would turn her away and deport her. Additionally, that deporting her may jeopardize the K1 Visa by delaying and or causing the application to be denied. I cannot find any definitive or any information at USCIS regarding whether or not a person may enter the USA on an existing Tourist Visa while a K1 Visa application is in process. Can anyone provide a reference or definitive information that can clarify what the rule is?  Obviously, if I wanted to break the rules, I would have married her while visiting the USA on her tourist visa and not file an K1 Visa application. Please advise. Thanks!

My husband (then fiancé) travelled here on his B-2 visitor visa while our petition was pending, without a problem.  He had evidence of ties to NZ on hand, but I don't believe they really looked at any of it.  

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