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entrance to the US during the visa process

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  • entrance to the US during the visa process

    I currently live abroad, and am waiting for my fiancee visa (I am the benefactor) to be processed.
    Can I enter the US as a tourist, with the ESTA visa waiver confirmation I have, as an EU citizen?
    The plan is to wait for the processing, and fly to have my interview at the embassy in my home country, when they summon me, and then enter the US again with my fiancee visa.
    Will entering the US as a tourist while waiting for my fiancee visa cause problems with my application?
    Thank you.

  • #2
    Standard rules apply. You have to prove nonimmigrant intent.

    being an applicant for a fiance visa does not per se bar you from meeting this requirement.

    you need to demonstrate strong ties to your country, an evidence that you will be compelled to go home at the end of your stay.

    most people who apply for a fiance visa are planning to move to the United States. they have already begun the process of severing ties to their home country (job, etc).

    obviously you cannot use it as a shortcut to get to the United States early in order to get married and adjust status.

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    • #3
      So it is not illegal to enter the US as a tourist while waiting for a visa to be processed?
      Thanks!

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      • #4
        Yes you can visit your fiancee during the process since you go back to your country to make the interview.
        I did this. I am in USA now and I have to go back to my country to go to the interview.
        NVC already has a case number so it is time to go back and get ready for the interview.

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