(Closed) Traveling to the US while waiting for a K1 visa

posted 8 years ago in Legal
Post # 3
Member
484 posts
Helper bee

I’m pretty sure you cannot because you have “declared” to the US Government that your intention for entering the US is to marry an American, not to be a tourist. I don’t think they allow you to have the 2 visas going at the same time.

I found this website http://www.visajourney.com to be extremely helpful for processes and advice while doing my husbands visa.

Post # 4
Member
1585 posts
Bumble bee
  • Wedding: September 2010

What kind of visa is a K1 visa? 

Post # 5
Member
40 posts
Newbee
  • Wedding: May 2010

MS Caniche, K1 is a fiance/fiancee visa.

they used to let it slide when somebody came to the US as a tourist (especially for those countries that have up to 90 day stay without any visa), got married, then adjusted their status while in the States. But it’s gotten more strict, so I would not risk it, especially considering you already filed for K1. It’s always a good idea to consult an immigration lawyer.

Post # 7
Member
1585 posts
Bumble bee
  • Wedding: September 2010

Thanks for the clarification.  FI is a French citizen and I am quite familiar with all kinds of work visas.  I didn’t think that they gave fiance visa’s anymore.

  I know someone who had a Fiance Visa.  She went back to France to see her family and when she came back they interrogated her for 3 hours.  Apparently ins and outs are not allowed with some fiance visas. (her now husband was also in the US under a work visa)  So this may have been a special case. 

Well when it comes to any visa issues I would talk with your immigration lawyer.  I would definitely not risk it.

Post # 8
Member
40 posts
Newbee
  • Wedding: May 2010

wow, Ms.Caniche, thats quite a story. Cant imagine through a nightmare of sitting in dark windowless room cornered by USCIS official questioning your reason to be in the country! I am here on work visa and marrying an American citizen. I decided not to deal with all that on top of the wedding stress, and adjust my status after the wedding. I am already looking forward to an interview

Post # 9
Member
1585 posts
Bumble bee
  • Wedding: September 2010

Funny, we are having to go through a crazy thing to make our marriage legal in France… My grandmother (who passed away when I was young) was born in France.  We have to have our names published in the public bands… where people have a certain amount of time so that if anyone does not think our marriage is ok they can contest it.  Of course this does not happen anymore, it is more of a tradition thing.  If we do not do this we will have to fly to France to do who knows what and prove that we are married.  

This whole thing is just so complicated!!!

Post # 10
Member
40 posts
Newbee
  • Wedding: May 2010

It definitely is complicated! I read somewhere htat France requires 30 day residency reuqirement if you wanted to have Destination Wedding there (?), as well as have names published, sounds like exactly what you were referring to.

But if you get married in the States (I assume you are?), does not extend being legal in any country, as long as you have document proof?

 

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