Traveling with tourist visa while K1 app in process?

[usjoe07]

Hi, This site has been extremely helpful. My fiance lives in Brazil and already has a valid tourist visa for 5 years to come to the United States. However, we are in the middle of the application process for the K1 visa.

Can she still use her tourist visa in the meantime to come and visit since she already has a valid one? Or does this interfere with the process?

Thanks in advance. Joe

[PraetorianXI]

It will be very hard for her to be admitted in the USA... Because of the pending K1 petition. Unless she can show strong ties to her home country for the next 6-8 months... what prevents her from just staying in the USA and marrying you?

[usjoe07]

Thanks for your response. Do the immigration officers readily have access to the fact that she is applying for a fiance visa? They usually just check for the visa on her passport and allow her to proceed?

Any idea on what kind of proof she needs to show? Her job? A return ticket?

[C4us]

They should be able to pull up that information. Why even consider complicating your application by having her visit on B2.

[nichole]

I call Customs and Border Protection and asked if they had K1 visa application info on their computer at the airport and he said NO. He said there is not rule saying a K1 applicant can not visit. The officer must believe the person is a tourist and intends to go back home. If they have a student id and class schedule or enrollment forms, or a letter from their boss saying they are employed and are expected back on the job on a specific date. She can show a lease for an apartment back home. My fiance visited several times and was never questioned. But he's older, works for the police, and came for 2 weeks. From reading lots of experiences posted, the ones that are questioned are young, don't have a job, are coming for 90 days after only being back in their home country 6 or 7 weeks. They look suspicious to the officer and are asked for proof and are grilled. One talked her way in, but the officer told her, "don't come back to this country for 6 months or I won't let you in." You figure out where your fiance fits into the scenario above.

Some say I'm visiting friends. Some say boyfriend. Others tell the whole story of fiance and "I'm staying here for 2 months, but I have to go back for my interview and to get the visa. I know the rules, sir." Personally I would say visiting friends unless further questioned, then the truth is the only way to go if they inquire further about the "friend."

[usjoe07]

Thanks Nichole. That was my understanding as well. Does anyone else have any experiences with this? She is employed and will have a return ticket as well.