Can my wife visit US while her K-3 application is in process

[akk60660]

Hey,
I have filed 1-130 and then K-3 visa application for my wife about 4 months ago. Both applications are currently pending.

She already has tourist visa (5 years multiple entry). Can she visit me on a tourist visa while her K-3 application is in peocess. She probably will stay 2 months.

Please response.

Thanks!

[Bernie31]

Just my two cents.

A tourist visa is a declaration that one intends not to be an immigrant. With active I-30 and K3 (I assume I-129F), the declaration is an intent to reside permanently in the US.

That seems like a contradiction that you should ask an attny about. Just don't ask the clueless fellow I used and fired recently.

Then again given the fabled lack of inter and intra agency communications, in the US bureaucracy the CBP (under DHS) folks may not have any idea of your pending K3, etc which comes under CIS (also under DHS). Further, Tourist visas (and all others) are under DOS.

But, after the snafu receently, I'd hope for more inter and intra agency cooperation but I am not holding my breath.

[immihelp]

As she already has tourist visa, she can visit.