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baze92

My fiance has her 10 year tourist Visa. Is it a bad idea for her to visit on Tourist Visa while we are waiting for K1 to be approvef?

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Filed: K-1 Visa Country: Thailand
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Hello!

 

My Fiance and i are in the process of putting together our K1 petition. Since it sounds like it will be several months before she is granted 90 days to marry, we do not wan't to wait that long to see each other again...so we will either go to another country to wait it out or she will come to America on her tourist visa.

 

She got approved for her tourist Visa in Summer 2019 and visited me for 2 weeks. 

 

Are there any complications that could occur if she were to come visit for a couple of months on a tourist visa? If so, what would happen if the k1 visa was granted while she is in America?

 

Thank you!

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It is fine - tons of threads on this site talking about it.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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4 minutes ago, baze92 said:

If you could share a few of them that talk about tourist visa visit while in process of k1, please do! 
 

I’m mainly curious what would happen if we were approved for k1 while she is visiting on tourist visa. 

Traveling on a tourist visa means having (and being able to show) strong ties to home.  This applies to everyone on a non immigrant visa.

Having a tourist visa before filing does not mean it is cancelled or impaired by filling.  But trying to get a tourist visa after filing does create issues as the petition signifies immigrant intent.

 

People come here all the time with petitions pending.  People come here for destination weddings.

 

Having lack of confidence entering the US at the POE can cause issues.  So always enter like you know what you are doing.

 

There are thread all over here about being able to visit.   There is even on pinned at the top of the K1 and spousal pages.

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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6 hours ago, baze92 said:

If you could share a few of them that talk about tourist visa visit while in process of k1, please do! 
 

I’m mainly curious what would happen if we were approved for k1 while she is visiting on tourist visa. 

We need a little housekeeping on your end. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.

 

So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 

Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.

 

Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.

 

Thanks

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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23 hours ago, baze92 said:

If you could share a few of them that talk about tourist visa visit while in process of k1, please do! 
 

I’m mainly curious what would happen if we were approved for k1 while she is visiting on tourist visa. 

My fiancé (now husband) was visiting me on his B visa when our I-129f was approved (NOA2).  The timing was incidental, and really had no effect.  I don't think we even had our case # from NVC by the time of his scheduled departure.  He returned to NZ, had his interview and received his visa as planned.

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Just now, baze92 said:

@Jorgedig What year was this? And was this b1 or b2 visa?

 

When he was visiting on the b visa did he say he was visiting you or did he leave that part out?

It was 2018.  It was a B1/B2 visitor visa.  He always told the truth at POE.

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20 minutes ago, baze92 said:

So he was working in USA at the time? My understanding is B1 is for work and B2 for tourism. 

 

So when asked why going to America he said "'to visit my fiance"? 

No.  You cannot work on a B visa.  Do you currently have a B visa?  In his passport the actual visa says "B1/B2."  It is a visitor visa.

 

And yes, he told CBP he was coming to visit me each time.

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Most B visas are issued as B1/B2 or a combo visa. They can still issue just B1 or just B2 if they feel a need for it. B1 is for business related travel, B2 is for tourist related travel (Or the other way around).

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On 2/2/2020 at 10:40 PM, baze92 said:

If so, what would happen if the k1 visa was granted while she is in America?

The petition might get approved while she is in the US, but the visa cannot be “granted” while she is in the US. She will need to interview at the consulate/embassy her home country to actually get the visa in her passport.   

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