Question about fiancee's visit to U.S.

[Varun 0]

Hi all--

My fiancee is an Indian citizen and I applied for her fiancee visa in June and just received the NOA2 recently. Prior to receiving NOA2, she had planned a vacation here in the U.S. in mid November for 2 weeks. This is simply a vacation for the both of us and we will not be getting married during this trip. She already has a tourist visa which she obtained months before I applied for a fiancee visa and has travelled once on it already.

I was told by someone that since I have now applied for the fiancee visa, her tourist visa is no longer valid. I am trying to find out if there is any reason I should be concerned about her trip or if I should cancel it altogether.

I am also concerned if her interview date is scheduled by chance to be on a date when she is in the states. Anyone know if you can re-schedule those quite easily or if that is not advisable?

Thank you for your assistance!

Varun

[Rob & Jin 0]

Hi all--

My fiancee is an Indian citizen and I applied for her fiancee visa in June and just received the NOA2 recently. Prior to receiving NOA2, she had planned a vacation here in the U.S. in mid November for 2 weeks. This is simply a vacation for the both of us and we will not be getting married during this trip. She already has a tourist visa which she obtained months before I applied for a fiancee visa and has travelled once on it already.

I was told by someone that since I have now applied for the fiancee visa, her tourist visa is no longer valid. I am trying to find out if there is any reason I should be concerned about her trip or if I should cancel it altogether.

I am also concerned if her interview date is scheduled by chance to be on a date when she is in the states. Anyone know if you can re-schedule those quite easily or if that is not advisable?

Thank you for your assistance!

Varun

She may well be denied entry , its risky.

[Jasman0717 9]

Hi all--

My fiancee is an Indian citizen and I applied for her fiancee visa in June and just received the NOA2 recently. Prior to receiving NOA2, she had planned a vacation here in the U.S. in mid November for 2 weeks. This is simply a vacation for the both of us and we will not be getting married during this trip. She already has a tourist visa which she obtained months before I applied for a fiancee visa and has travelled once on it already.

I was told by someone that since I have now applied for the fiancee visa, her tourist visa is no longer valid. I am trying to find out if there is any reason I should be concerned about her trip or if I should cancel it altogether.

I am also concerned if her interview date is scheduled by chance to be on a date when she is in the states. Anyone know if you can re-schedule those quite easily or if that is not advisable?

Thank you for your assistance!

Varun

She may well be denied entry , its risky.

[stephandmuz 0]

Can you create a time line for the rest of us to see? You applied for her fiancee visa in June and just received the NOA2? You received NOA 1 in june?

Thanks

Steph

[ELW 5]

Like Rob and Jin said, it is risky. The authorities at POE will know that she applied for a fiancee visa, they may deny entry thinking she will just stay on in USA. Is it a multiple entry tourist visa, because you said she used it once already? I think the tourist visa will be valid until the K1 visa is granted.

Since you just received the NOA2, the interview will probably not be scheduled until December or later; certainly not in November. so I would not worry about that.

If she decides to go ahead and make the visit in November, it might be good if she brings along paperwork to show at the POE in case she has a problem of questioning, paperwork showing that she has definite plans to return to India (letter from employer about vacation time and when she is returning to work, or anything showing that she has to return to pay bills, etc..

Many people try applying for tourist visas while their K1/K3 visa applications are pending, but they are usually denied. So we don't have much knowledge of what it is like visiting on a tourist visa while other visa applications are pending. I hope others with experience will answer!

[yassmine2878 1]

It would be advisable for her to have proof of intent to return home. Being able to show home ties like a job to go back to or schooling would be helpful. She is at risk for being denied entry, sad to say In any event, I hope you get to see each other without any problems

[Varun 0]

Like Rob and Jin said, it is risky. The authorities at POE will know that she applied for a fiancee visa, they may deny entry thinking she will just stay on in USA. Is it a multiple entry tourist visa, because you said she used it once already? I think the tourist visa will be valid until the K1 visa is granted.

Since you just received the NOA2, the interview will probably not be scheduled until December or later; certainly not in November. so I would not worry about that.

If she decides to go ahead and make the visit in November, it might be good if she brings along paperwork to show at the POE in case she has a problem of questioning, paperwork showing that she has definite plans to return to India (letter from employer about vacation time and when she is returning to work, or anything showing that she has to return to pay bills, etc..

Many people try applying for tourist visas while their K1/K3 visa applications are pending, but they are usually denied. So we don't have much knowledge of what it is like visiting on a tourist visa while other visa applications are pending. I hope others with experience will answer!

-------------------

Thank you for your valuable insight. Her tourist visa is a multiple tourist visa and she did use it indeed once to come to the U.S. in March of this year.

I will advise her to take all proof/documentation that she can that shows she will be returning. She is employed so she shouldn't have any problem w/ being able to prove that. She is currently scheduled to return back on Dec 2nd. When can I expect her to have her interview scheduled? She is only coming for 2 weeks and I am not sure how far in advance they typically tell you when your interview is scheduled.

--Varun

[Varun 0]

Can you create a time line for the rest of us to see? You applied for her fiancee visa in June and just received the NOA2? You received NOA 1 in june?

Thanks

Steph

Hi Setph--

I've updated my timeline to share w/ others.

Thanks.

[ELW 5]

Often they tell you of the interview date at least a month beforehand, often 1.5 - 2 months before, so I would not worry about it. Hopefully she will receive Packet 3 and return it before she leaves to USA for the visit. If not, she can always prepare Packet 3 before she leaves and have a relative send it in (or hand it over herself at the Consulate if she knows they received her case).

Our interview was scheduled over 2 months after our NOA2, and Chennai is typically the fastest Indian Consulate. I would make a wild guess that the interview might not be until January, but maybe Delhi applicants can offer more insight here.

[Varun 0]

Often they tell you of the interview date at least a month beforehand, often 1.5 - 2 months before, so I would not worry about it. Hopefully she will receive Packet 3 and return it before she leaves to USA for the visit. If not, she can always prepare Packet 3 before she leaves and have a relative send it in (or hand it over herself at the Consulate if she knows they received her case).

Our interview was scheduled over 2 months after our NOA2, and Chennai is typically the fastest Indian Consulate. I would make a wild guess that the interview might not be until January, but maybe Delhi applicants can offer more insight here.

Thank you again for your advice. It is a big relief to know that she can safely visit the U.S. without missing the interview.

[Rob & Jin 0]

Often they tell you of the interview date at least a month beforehand, often 1.5 - 2 months before, so I would not worry about it. Hopefully she will receive Packet 3 and return it before she leaves to USA for the visit. If not, she can always prepare Packet 3 before she leaves and have a relative send it in (or hand it over herself at the Consulate if she knows they received her case).

Our interview was scheduled over 2 months after our NOA2, and Chennai is typically the fastest Indian Consulate. I would make a wild guess that the interview might not be until January, but maybe Delhi applicants can offer more insight here.

Thank you again for your advice. It is a big relief to know that she can safely visit the U.S. without missing the interview.

Be careful, even with evidence of ties and intent to return there is NO way of knowing if they will let her in. They may just turn her around and she will have to buy a ticket home that day. My advice is its much safer if you go there while your K-1 is pending, its just to risky and there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.

[ELW 5]

there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.

Maybe I haven't been reading as thoroughly, but I only recall one or two cases of entry being denied. I think it is relatively very rare. The approval of tourists visas at the Consulate level however is often denied while immigrant visa applications are pending.

[Rob & Jin 0]

there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.

Maybe I haven't been reading as thoroughly, but I only recall one or two cases of entry being denied. I think it is relatively very rare. The approval of tourists visas at the Consulate level however is often denied while immigrant visa applications are pending.

I hope they have no problem, just if they do its a big waste of money, and also they will have to state denial of entry on p3/4 forms.

[athena_ny 1]

there have been many posts here of people being denied entry on tourist visas while their petition/visa is pending.

Maybe I haven't been reading as thoroughly, but I only recall one or two cases of entry being denied. I think it is relatively very rare. The approval of tourists visas at the Consulate level however is often denied while immigrant visa applications are pending.

Well, I've read of a lot more than 1 or 2.