US Visit During K-1 Visit

[burbuja2]

My fiancee has a tourist visa and has been to the U.S. a number of times.  She has an executive job in Cali and some assets there.  She is planning to come here for a week in October.  Does anyone know if she will encounter any difficulty upon entering the U.S. since the application for the K-1 visa is in the INS computer?  If she brings with her proof of assets along with a letter from her employer, should that be sufficient to allay any concerns regarding a failure to return?

[Kit]

... in response to US Visit During K-1 Visit, posted by burbuja2 on Aug 29, 2002

If she already has a multy entry visa in her passport then she should be ok. Just get her not to mention that she is awaiting K1 when she arrives. If she will have to obtain a tourist visa to get to US, while K1 approval is pending than is theory it is not possible. The thing is she finds herself in a situation that is classified as dual intent. Fron the one hand side she is applying for B1/B2 visa (tourist) that expects her to stay in US only temporarily and assumes that she has no intention of staying. From another hand side she is expecting K1 approval (at the time she applies for tourist visa) that assumes exactly the opposite (staying in US permanently). So she will be saying that she plans on returning knowing that she will eventually stay permanently. This is a big nono with INS. The only way to bypass it is not to mention that she is expecting K1 approval while applying for tourist visa (B1/B2) at the embassy in Colombia. But if they (INS) find out, she may have complications obtaining K1 once approval is issued.

[burbuja2]

... in response to Re: US Visit During K-1 Visit, posted by Kit on Aug 29, 2002

Kit, she has had a tourist visa for years and has been to New Orleans several times already to visit me this year.  Shouldn't this be enough to show that she is not really a risk to marry here on the tourist visa?  After all, if she wanted to marry on the tourist visa, why would we start the K-1 process? Thanks for your help.

[Georgina]

... in response to Re: Re: US Visit During K-1 Visit, posted by burbuja2 on Aug 29, 2002

Dear burbuja,

I have heard from people who are in the process of getting a K1 visa and didn't have any problem coming in a tourist visa. On the other site, I have heard from people who were returned to their country of origin because they were going trought the K-1 visa process. I think it really depends of how lucky she is. I will suggest as kit said no to mention anything about the K-1 unless they ask her. And if they ask the best option is say the truth. She is just visiting for a month and is going to go back to Colombia to wait for her K-1 visa, because she wants to do things right.

If she is not lucky enought to get trought because they realize she is under the k1 process. She is not going to have problems unless she lies to them if they ask.

[Kit]

... in response to Re: Re: US Visit During K-1 Visit, posted by burbuja2 on Aug 29, 2002

Does she have a valid visa to enter US now? If yes she is ok, just pack and go. If no she will have to get one. The procedure is no different than in the past. The fact that she had visas to US before and never overstayed (!!!) will help in new visa application. But should she mention K1 application pending and her tourist visa will be denied right away. So keep that in mind. If she has K1 pending why is that she needs to be in US right now? That is what they will tell her.

"After all, if she wanted to marry on the tourist visa, why would we start the K-1 process?"

This is a bad logic. From INS stand point B1/2 (tourist) visa expects the applicant to have no other intentions but to enter US for holiday/pleasure and leave promptly and by no means engage in any kind of study, work, marriage. If she knows AT THE TIME OF APLLYING for tourist visa that she intends to get married, this is a dual intent and tourist visa is a single intent visa. If she enters US on a tourist visa and THEN finds a groom and applies for ajustment of status it is ok. Because in this case she didnt know AT THE TIME of applying for tourist visa that she would marry and therefore entered country with intention to leave but it just so happened that she found someone.

This is a rule of thimb:

If you have application pending for marriage, study or work DONOT apply to enter US on a tourist visa.

You can also consult an immigration lawyer for a small fee over the phone. They should tell you just that.

[burbuja2]

... in response to US Visit During K-1 Visit, posted by burbuja2 on Aug 29, 2002

Sorry.

[burbuja2]

... in response to CORRECTION: US Visit During K-1 Visa Pro..., posted by burbuja2 on Aug 29, 2002

My fiance has had a tourist visa for years and has been to the US multiple times before meeting me. The K-1 process was initiated in July of this year.  I understand fully the concept of not volunteering information but also not making any misstatements to the INS.  Do you think if she is questioned, it would be advisable for her to state that she is coming to see me but she also wants to drive around South Louisiana becuase she has not been outside the New Orleans area yet (which is true)?  Also, do you think she should bring evidence of assets (such as a car title) that she has in Colombia?  You both seem to have an excellent knowledge of immigration law and practices.  I appreciate very much your response to my questions.

[Kit]

... in response to Thank you again, Georgina & Kit, posted by burbuja2 on Aug 29, 2002

It is still not clear from what I read if she currently holds a valid visa to enter US. There are two types of tourist visas that she may have: single entry and multiple entries. Single entry allows you to enter US one time only. Once you exercised it (arrived and left US), it is void (not good anymore). Multi entry visa grants you unlimited entries to the US within predetermined timeframe (usually 3-5 years). If she is in possession of the latter, then she is good to go, nothing to discuss. You mentioned that she had visited US before, but it could be single entry. If so she would need to obtain a new visa for her planned visit. If this is the case :

“it would be advisable for her to state that she is coming to see me but she also wants to drive around South Louisiana”

She comes to see you..wrong answer. See South Louisiana is a correct answer. Seeing you for a single woman will instantly trigger a suspicion in INS officer’s head. I am not saying she should lie, but if possible not to mention you.

“Also, do you think she should bring evidence of assets (such as a car title) that she has in Colombia?”

You meant for her visa interview in Colombia, yes she should.

[burbuja2]

... in response to Re: Thank you again, Georgina & Kit, posted by Kit on Aug 29, 2002

She has a multiple entry visa.