Can You Apply for Tourist Visa Pending K1 Visa?

We always come across with clients asking if it is possible to get a tourist visa, fly, and remain in the US while waiting for the decision on their K1 visa application mainly because of a relatively longer waiting time before they can be issued a visa.

Apparently, there is no law prohibiting one from applying for a US tourist visa while his or her K1 visa is pending. What is prohibited is the act of making the Consular Officer believe that the entrance to the US is purely for pleasure when the same is untrue, as the real intention is to get married with a US fiancé in the US. The more appropriate question would be, will a tourist visa be granted pending K1 visa application?

In answering the issue, take a look once again to the "presumption of immigrant intent" principle, which enunciates that every applicant for a non-immigrant tourist visa is deemed an intending immigrant. In the absence of convincing proofs to demonstrate non-immigrant intent so as to dispute the said conjecture, the visa application will surely fail. If there is the pendency of a K1 visa application, it will be more difficult to demonstrate non-immigrant intent or a temporary stay that a tourist visa applicant would want to make. Stringent rules will apply in evaluating applicant's real intent. To the mind of the Consular Officer, the visit is a prearranged plan to migrate to the United States or an alternative approach on the occasion that the K1 visa gets denied.

Granting that the Consular Officer was convinced of the need for the applicant to enter the US on a temporary basis or the entrant has an existing and unexpired B visa, or entrance is based on a visa waiver program, still it does not warrant a hassle-free entry. The Immigration Officers at the port of entry possesses the authority and discretion to admit or deny every entrant to the US and their decision is free from dispute.

Some of the factors which may influence the decision of the Consular Officer as well as the Immigration Officer to decide in your favor are: you have good immigration history to the US or to other foreign countries, strong evidence of ties to your home country like regular employment in a reputable company in your country, a very significant business trip or deal in the US, and any other related circumstances. Yet again, these are not guarantees but a big help in getting a positive decision.

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Can I Get Married on a Tourist Visa to a US Citizen?

Since many are asking if they can get married on a tourist visa in US to their American sweetheart, it is best to discuss this issue now.

There is nothing in the US Immigration law that proscribes one from marrying on a tourist visa. As a general rule, a foreign national can get married while in the US on a tourist visa, but with certain conditions. The scenario is, you enter on a tourist visa, get married to a US citizen and come back to your country of origin before your tourist visa expires and once in your home country, apply for the applicable visa to get back to the US and stay with your spouse.

Although this process is perfectly legal, it is not easy to convince the Consular Officer and the Immigration Officer at the border that you have no preconceived intention of getting married with a US citizen. There must be a very convincing evidence that your trip to US is totally for recreation purposes and that you will be back to where you came from after the allowed period of visit.

There are those who successfully entered the US soil on a tourist visa, got married and immediately apply for Adjustment of Status. It could also be possible but under an extraordinary case. Example, a foreign national traveled to US to visit a family member and while on visit, happened to fell in love with a US citizen and both agreed to marry each other. If this is the case, the foreign national need not return to his or her foreign country and will just have to apply for Adjustment of Status at the US Immigration Office to be allowed further stay in the US. Many are aware of this course and many are up to this process, but what they are not apprised of is the condition attached to the AOS application and how the Immigration Officer would act on the application.

To the mind of the Immigration Officer, situations like the one cited above is a complete circumvention of the immigration laws on fiancé or spouse visa. Why? While a fiancé or spouse visa is an entry visa for a more or less permanent stay in US, tourist visa is for a temporary stay visa. Each visa has its own standard rules and procedures to follow. Hence, if one wants to get hold of a visa the odd way, doubts arise as to the true intent of the applicant. Thus, stricter scrutiny is employed to overcome the doubts. Efforts must be taken by the foreign national applicant that indeed, there was really no premeditated intention to marry at the time of entry to US on tourist visa. You must be very lucky if you have been issued a change of status not through the normal method. Otherwise, you may be charged of visa fraud, get deported and can be banned to enter the US soil forever.

Also, the foreign national applicant for Adjustment of Status is not allowed to leave US until the adjustment is approved or an advance parole is issued. Are you ready to leave behind what you have been in your home country all your life?

Consult before you plan. For sure, you will have a good living for a lifetime.

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US Tourist Visa Restrictions

Traveling is one leisure activity we all enjoy. Seeing new places, tasting new dishes, meeting other people and mingling with other culture and experiencing life to the fullest can be a memory one will keep for the rest of his or her life, like a trip to US under a tourist visa.

The United States of America is one of the top destinations for many foreigners and even the Filipinos. From New York to California, the possibilities are endless, the fun and excitement are guaranteed. Being able to get a US Tourist visa, otherwise known as B2 visa entitles one to enter and travel in any of the 50 states of America. Once granted with a B2 visa, you can now book your flight bound for US; however keep in mind that the visa is not a guarantee that you will be permitted entry in the US. You have to pass the immigration officer upon your arrival at the airport for the examination of your travel documents. If they find you inadmissible or ineligible for entry you may be asked to go straight back home.

So before we get too excited and bubbly about our US tour, there are things that need to be considered. Having a visa to the US does not entitle one to all the privileges an American citizen would be entitled to. There are limitations and rules that must be followed. Several of which are the prohibition to:

accept any kind of employment during the visitor's travel inside US, to study for any course of learning.

If in case you feel that you want to study, you can apply for change of your status as a visitor to other visa category appropriate for your main purpose.

There may be times that you wanted to stay a little longer, maximize your time of visit in the promising land of US, then you may apply for visa extension subject to some requirements and conditions.

Unable to follow rules and regulations set forth by the US government and their immigration office would merit the revocation of the visa. You may also be deported, or worst, incarcerated in the land of promise turning a dream vacation into a lifetime of nightmare. It is best to be a smart traveler than regret the chance of a lifetime. If in doubt the best thing to do is seek for advice, consultation and help from immigration experts, that way there would be no waste of time and effort.

Finding The Right Immigration Attorney   Do We Allow Free-Speech In Another Country Of An Individual Applying for Citizenship Here?   In Plain English: What Did The United States Supreme Court Do In The Arizona Immigration Case?   Facing Deportation? An Immigration Attorney Is Your Best Bet   Why It Is Important to Use an Attorney When Immigrating to the United States