Can My Fiance Visit Me in the U.S. While Waiting for a Fiance Visa?

18 Jun 2010

You cannot reside in the U.S. on a tourist visa or Visa Waiver while waiting on a K1 Fiance visa or K3 Spousal visa. However, you can make a temporary visit using a B-2 tourist visa or on the Visa Waiver Program.

You will need to prove to the consular officer reviewing the application that you intend to return to your country when your tourist visa expires.  The consular officer will consider the pending K1 or K3 petition as a factor and may deny your visitors visa if he is not convinced that you will return home.  Even if you are issued a tourist visa, the immigration inspector at your port of entry can still deny your entry if he feels you do not intend to leave.  For example, if you show up at the inspection station with a pending K1 visa and far more luggage than an average tourist would have, the inspector may suspect that you do not intend to return to your home country.

You can be denied entry even though you have a valid tourist visa.



Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

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3 Thoughts on “Can My Fiance Visit Me in the U.S. While Waiting for a Fiance Visa?

  1. My boyfriend from Nigeria wants to come here to the US to visit me in Tennessee, can he start the process of getting a visa through Rapid Visa in Nigeria or can I start the process over here in the US. I would kindly appreciate any information you can give me.
    Thank you,
    Debra Noble.

  2. Hi! I’m Colombian and my fiance is from the States, we filed for my k-1 visa in April so hopefully by November we’ll have some news. We have been together for 7 years since we went together to med school here in Colombia and have tons of proof of our relationship being real I have also visited the US multiple times. We are thinking about me visiting him in October for around three weeks, will this be okay?

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Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

Get free email updates when we post!

 


Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

Get free email updates when we post!

 
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