Can I Use My Tourist Visa While My K1 Fiancé Visa is Awaiting Approval?

28 Sep 2017

Okay, I think there was another question.

Okay, here we go. All right, so Jerry’s asking, “My fiance has a tourist visa, and I want to know if there’s an issue for traveling to the U.S. on a tourist visa, now that we have applied for a K1 fiance visa.”

We have this question a lot. This is a tricky one. In general, what we recommend is, once you’ve applied for the fiance visa, just hunker down. We’ve heard it both ways. We’ve heard of people being able to do it, if they had a pre-tourist visa, already approved or from a visa waiver program and there ads is approved.

But, we’ve heard it on the opposite end, where they try to get here. They get all the way to customs, coming into the United States, and then they see their existing petition for the fiance visa, or even a spousal visa. They see that’s that en route, in process, and then they put them back on a plane and send them back. So you get to donate some money to the airlines and spend a lot of time on a plane. So in general, once you apply, just hunker down. Just be patient.

So the bottom line is, there’s no rule against it. Nothing says you can’t, but our experience and the experience of our customers is, that they’re going to assume that, since you’ve already made your intent clear, that you’re trying to emigrate, because you have a pending spousal visa, fiance vise, parent visa, whatever it is.

Now you try to come on a temporary visa, like a tourist visa, they’re gonna assume that you’re just trying to shortcut the process. You got tired of waiting and you’re gonna stay. You’re not gonna honor the tourist visa by leaving within the 90 days, so a lot of time, perhaps the majority of the time … We don’t know, because there aren’t published statistics that we could quote to you, but we certainly have known a lot of people suffer that heartache of getting to the border and getting turned around. So I would suggest, don’t do it.

The wait is difficult. Many of us here, including myself have been through that, and it is hard being apart from your loved one, but it’s best just to wait it out. That would be our suggestion.

 

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