visit Usa while immigration petition is pending?

[touristvisa]

I have a multiple entry visitor visa and my feoncy ( US citizen) is going to file a immigration petition on my behalf. can i use my visitor visa to enter the US till my immigration petition is approved?

[PraetorianXI]

Your fiancee must apply for a K1 visa for you. You can not use a visitor visa with the intention on waiting on an immigrant petition, because your visitor visa requires you NOT to have immigrant intent... which you do already... You will have a hard time convincing the POE officer that your visit to the USA will be short and temporary. And if you do end up staying you could be charged with fraud.

[touristvisa]

thanks for the reply. but in one of the immihelp greencard info pages i read that a person can visit the US while there is a pending immig file, if he/she has an appropriate non immigrant visa. I do not know the context of this but here it is:

https://www.immihelp.com/adjustment-of-status-vs-consular-processing-immigrant-visa/

thanq

[PraetorianXI]

Yes, you can visit... but ONLY IF YOU PLAN TO RETURN... not wait until your I-130 is approved and then decide to file for Adjustment of Status in the USA.