Tourist Visa while K-1 at USCIS

[jlh 0]

I thought I should start a new thread on this...

I called USCIS and they said since we are going through the correct process to not try and sneak here in, it should not be a problem to get a tourist visa while we wait? Were they wrong? Also I am hoping her working for GM would be a strong indication of her going to return to mexico. Would her trying to get the tourist visa hurt the K-1 process at all?

[YuAndDan 153]

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Edited July 25, 2007 by YuAndDan

[jlh 0]

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Thanks, but I guess that answer was a bit "grey" to me. Let me ask has anyone here tried to get a tourist visa with had trouble and if not did they have trouble getting into the US?

[lilysidiq 0]

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Thanks, but I guess that answer was a bit "grey" to me. Let me ask has anyone here tried to get a tourist visa with had trouble and if not did they have trouble getting into the US?

hi,

i apprecaite why you want to post. i guess there may be another american/mexican couple out there who had the same problem! personally if you have the cash i would go for it. if she has a valid tourist visa, a return ticket, and ties back home, i am sure they will let her in. why would you bother petitioning for the K1 and raising the red flags if you wanted to sneak her in?

Good luck

Lily

[jlh 0]

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Thanks, but I guess that answer was a bit "grey" to me. Let me ask has anyone here tried to get a tourist visa with had trouble and if not did they have trouble getting into the US?

hi,

i apprecaite why you want to post. i guess there may be another american/mexican couple out there who had the same problem! personally if you have the cash i would go for it. if she has a valid tourist visa, a return ticket, and ties back home, i am sure they will let her in. why would you bother petitioning for the K1 and raising the red flags if you wanted to sneak her in?

Good luck

Lily

That is what I was thinking and the same thing the USCIS lady said on the phone. But I guess I would hate to have her try to come see me and gets turned around at the border patrol in Houston. So thought I would ask what really happens to people...

Thanks for the opinions, I did see the question get asked alot, so sorry if I repeated it to much.

[kitkat1 5]

She can certainly apply for a tourist visa. If she can prove sufficient income and ties to Mexico, it may be approved. Then again, even with all the proof in the world, she can still be denied. She can also still be denied entry at the POE since a visa does not guarantee entry - it's always up to the POE. Applying for a tourist visa will not hurt the K1 process or impact it in any way.

One word of advice -- don't rely on what people on the USCIS misinformation line tell you -- they are very often wrong, especially when you are talking about consulate processes that do not take place in the US.

[doug & angel 0]

We are trying right now. My love's interview is thursday .. we know the chances are slim and the cost for failure financially punitive (no refunds of any fees) sadly our "ties" are limited as she has nothing that isn't in her family name except her daughter which is enrolled in school. We read all the information everywhere, talked to attorneys and everyone agrees that we basically have a minimal chance, but there is always a chance. Looking outward, we have at least 4-6 months left to go (if you believe the VJ timelines) and I'm completely out of vacation except for 3 days which I have saved to be there during her interview or to go get her ... We've put a large package of circumstantial documentation together and I wrote a letter stating our intentions. We've been completely open about her plans to immigrate on a K1 and bring her daughter later.

In the end it came down to this .. we will never know if we don't try, and if we some how make it. somehow get to see each other again while this slow process unwinds, it was worth it .. if we don't .. then we at least tried, and if you don't try, you've already failed.

It all boils down to the interview, the mood of the officer, if he or she will believe our sincerity. Wish us luck, we will report back to VJ on Friday what happened.

[jlh 0]

We are trying right now. My love's interview is thursday .. we know the chances are slim and the cost for failure financially punitive (no refunds of any fees) sadly our "ties" are limited as she has nothing that isn't in her family name except her daughter which is enrolled in school. We read all the information everywhere, talked to attorneys and everyone agrees that we basically have a minimal chance, but there is always a chance. Looking outward, we have at least 4-6 months left to go (if you believe the VJ timelines) and I'm completely out of vacation except for 3 days which I have saved to be there during her interview or to go get her ... We've put a large package of circumstantial documentation together and I wrote a letter stating our intentions. We've been completely open about her plans to immigrate on a K1 and bring her daughter later.

In the end it came down to this .. we will never know if we don't try, and if we some how make it. somehow get to see each other again while this slow process unwinds, it was worth it .. if we don't .. then we at least tried, and if you don't try, you've already failed.

It all boils down to the interview, the mood of the officer, if he or she will believe our sincerity. Wish us luck, we will report back to VJ on Friday what happened.

Please let me know how it goes and what information other then proof of ties back home they might be looking for. I am with you if denied for tourist visa then OK, at least we tried. But I do not want it to slow down the process any! Also I am concerned now about even if she gets it will they let her in at the POE? To many what if(s) for this situation. You would think they would know we are doing it the corret way and not being tricky by the fact that we did the K-1 visa.

Good Luck

[Alt name 1]

We are trying right now. My love's interview is thursday .. we know the chances are slim and the cost for failure financially punitive (no refunds of any fees) sadly our "ties" are limited as she has nothing that isn't in her family name except her daughter which is enrolled in school. We read all the information everywhere, talked to attorneys and everyone agrees that we basically have a minimal chance, but there is always a chance. Looking outward, we have at least 4-6 months left to go (if you believe the VJ timelines) and I'm completely out of vacation except for 3 days which I have saved to be there during her interview or to go get her ... We've put a large package of circumstantial documentation together and I wrote a letter stating our intentions. We've been completely open about her plans to immigrate on a K1 and bring her daughter later.

In the end it came down to this .. we will never know if we don't try, and if we some how make it. somehow get to see each other again while this slow process unwinds, it was worth it .. if we don't .. then we at least tried, and if you don't try, you've already failed.

It all boils down to the interview, the mood of the officer, if he or she will believe our sincerity. Wish us luck, we will report back to VJ on Friday what happened.

Please let me know how it goes and what information other then proof of ties back home they might be looking for. I am with you if denied for tourist visa then OK, at least we tried. But I do not want it to slow down the process any! Also I am concerned now about even if she gets it will they let her in at the POE? To many what if(s) for this situation. You would think they would know we are doing it the corret way and not being tricky by the fact that we did the K-1 visa.

Good Luck

Don't do it. Even my Congressman can't get a tourist visa issued for us. As long as there is a pending petition, the answer is NO (laughing). We did pay the hundred bucks tho. The proof of ties we brought in were:

She owns a home there (has to return at some point to sell her home) Brought the mortgage papers from the bank to the interview.

She has a job there (brought a letter allowing her to take leave)

All of her family is there.

The base answer is this: If you have a pending petition, they are not allowed to issue the tourist visa. Sorry. Trying to save you a wasted visit. We wasted one.

[pushbrk 13,569]

We are trying right now. My love's interview is thursday .. we know the chances are slim and the cost for failure financially punitive (no refunds of any fees) sadly our "ties" are limited as she has nothing that isn't in her family name except her daughter which is enrolled in school. We read all the information everywhere, talked to attorneys and everyone agrees that we basically have a minimal chance, but there is always a chance. Looking outward, we have at least 4-6 months left to go (if you believe the VJ timelines) and I'm completely out of vacation except for 3 days which I have saved to be there during her interview or to go get her ... We've put a large package of circumstantial documentation together and I wrote a letter stating our intentions. We've been completely open about her plans to immigrate on a K1 and bring her daughter later.

In the end it came down to this .. we will never know if we don't try, and if we some how make it. somehow get to see each other again while this slow process unwinds, it was worth it .. if we don't .. then we at least tried, and if you don't try, you've already failed.

It all boils down to the interview, the mood of the officer, if he or she will believe our sincerity. Wish us luck, we will report back to VJ on Friday what happened.

Please let me know how it goes and what information other then proof of ties back home they might be looking for. I am with you if denied for tourist visa then OK, at least we tried. But I do not want it to slow down the process any! Also I am concerned now about even if she gets it will they let her in at the POE? To many what if(s) for this situation. You would think they would know we are doing it the corret way and not being tricky by the fact that we did the K-1 visa.

Good Luck

Don't do it. Even my Congressman can't get a tourist visa issued for us. As long as there is a pending petition, the answer is NO (laughing). We did pay the hundred bucks tho. The proof of ties we brought in were:

She owns a home there (has to return at some point to sell her home) Brought the mortgage papers from the bank to the interview.

She has a job there (brought a letter allowing her to take leave)

All of her family is there.

The base answer is this: If you have a pending petition, they are not allowed to issue the tourist visa. Sorry. Trying to save you a wasted visit. We wasted one.

The likelyhood of being granted a tourist visa during the process varies widely by country but Inonesia, China, Vietnam, the PI, and Mexico are among the most difficult. I wouldn't try it unless the time and expense is of little concern to you because the time and expense will most likely both be wasted.

From Visa Waiver Program countries and a few others, the chances are very good.

[Dakine 26]

The base answer is this: If you have a pending petition, they are not allowed to issue the tourist visa. Sorry. Trying to save you a wasted visit. We wasted one.

It's not that they are not allowed.

It's they are very difficult to get from some countries.

Prople have done so with the right ammo.

Even from the Philippines which is one of the most difficult to do so from.

[jlh 0]

The base answer is this: If you have a pending petition, they are not allowed to issue the tourist visa. Sorry. Trying to save you a wasted visit. We wasted one.

It's not that they are not allowed.

It's they are very difficult to get from some countries.

Prople have done so with the right ammo.

Even from the Philippines which is one of the most difficult to do so from.

What do people think the right ammo would be? I am thinking a letter from her work at GM, and then I was also thinking I could write a letter saying something along the lines of that she is just visiting and to tell them again we filed the K-1 to get married the correct way.

Thanks

[pushbrk 13,569]

The base answer is this: If you have a pending petition, they are not allowed to issue the tourist visa. Sorry. Trying to save you a wasted visit. We wasted one.

It's not that they are not allowed.

It's they are very difficult to get from some countries.

Prople have done so with the right ammo.

Even from the Philippines which is one of the most difficult to do so from.

What do people think the right ammo would be? I am thinking a letter from her work at GM, and then I was also thinking I could write a letter saying something along the lines of that she is just visiting and to tell them again we filed the K-1 to get married the correct way.

Thanks

If she has a responsible long term job at GM, then yes a letter from the employer would go a long way toward success. It just might work.

[Alt name 1]

Sorry, and I realize that every case is different. We went together to the interview at the embassy in Jakarta, they talked to both of us, they were even apologetic to us, but said that under their rules the job, the mortgage, the family there did not override the ties to the US, even though it was obvious that she had to go back. The problem is this, if a spouse or fiance steps foot on US soil, a simple filing of adjustment of status and a filing fee almost guarantees that, if they want to stay they can. The consular officers know that, and they know that we know that. Even if the AOS is turned down, it can be locked up in appeal for months to years and you still get to stay together. They (the consulates) are instructed not to take that risk. I do have a friend at the office who flew his fiance in from Brazil on a tourist visa, got married here, THEN filed for a change of status. He never filed a K1 or a K3 petition. She stayed here in the states while her AOS was being processed, the only problem they had was that between the expiration of her tourist visa and when her green card was issued, she couldn't leave the country because she would not have been allowed back in. The BEST thing to do is get an approved tourist visa before the petition is ever filed. (thinking if I knew then what i know now that's exactly what we would have done). Good luck to u. D

The base answer is this: If you have a pending petition, they are not allowed to issue the tourist visa. Sorry. Trying to save you a wasted visit. We wasted one.

It's not that they are not allowed.

It's they are very difficult to get from some countries.

Prople have done so with the right ammo.

Even from the Philippines which is one of the most difficult to do so from.

What do people think the right ammo would be? I am thinking a letter from her work at GM, and then I was also thinking I could write a letter saying something along the lines of that she is just visiting and to tell them again we filed the K-1 to get married the correct way.

Thanks

If she has a responsible long term job at GM, then yes a letter from the employer would go a long way toward success. It just might work.

[bszoom42 0]

The likelyhood of being granted a tourist visa during the process varies widely by country but Indonesia, China, Vietnam, the PI, and Mexico are among the most difficult. I wouldn't try it unless the time and expense is of little concern to you because the time and expense will most likely both be wasted.

From Visa Waiver Program countries and a few others, the chances are very good.

Good advice by pushbrk, and I would add India & Pakistan to that list of countries that are among the most difficult!