K-1 Process Started can she get a B-2 Tourist Visa while we wait

[kmin]

We have started the K-1 Visa process, but I would like to get her a travel visa in the mean time so we can spend a couple of months together while we wait.  I was thinking about the B-2 and from what I read on the embassy site you can apply for the B-2 while the K-1 is processing, but she would have to go back to Moscow to finish the medical and interview.

It would be no problem to have her go back to finish up the K-1 in Moscow and it would be really nice if she could spend some time here where she will eventually live.

Has anyone done this in the past?  If so were you approved and/or have advice on this topic?

Thanks

[Goombah]

Not unless the rules have changed dramatically since we did this in 2005.

My (now) wife and I spent a few weeks in a neutral country - Jamaica - that was quite pleasant instead.

[sniper]

We have started the K-1 Visa process, but I would like to get her a travel visa in the mean time so we can spend a couple of months together while we wait.  I was thinking about the B-2 and from what I read on the embassy site you can apply for the B-2 while the K-1 is processing, but she would have to go back to Moscow to finish the medical and interview.

It would be no problem to have her go back to finish up the K-1 in Moscow and it would be really nice if she could spend some time here where she will eventually live.

Has anyone done this in the past?  If so were you approved and/or have advice on this topic?

Thanks

When we were thinking about it our lawyer said its against rules to apply for any kind of non-immigrant visa while K1 is pending. And later I found this info somewhere...dont remember where
So even if its not - it makes no sense because what you wanna show at your visa interview is your NON IMMIGRANT intention. Its kinda hard to do that with K1 pending... Though you can just never mention it anywhere, but you never know if this info available for the officer at the consulate (kinda depends on the step you are currently at and other factors) - so its tricky and your choice if you wanna mess up with it or not.
I was planning to do everything lawfully and never violate any single tiny rule thats why we didnt go fo it. I personally know one girl who applyied for tourist visa with her K1 pending and at the interview she was asked if she has friends or relatives or whoever in States. She said no. Then the officer said How about your fiance John Smith who just filed i129? Epic fail. Too bad. Needless to say she didnt get her tourist visa. Her fiancee visa wasnt approved. She got some kind of ban for some time. They had to marry in Russia and apply for wifes visa few years later.
However, there is a whole bunch of ppl for whom it went just fine and smooth.
Your choice if you want to take the risk.

[GQBlues]

Kmin-
 
With an 88% approval rate on non-immigrant visas for Russians, it likely won't hurt to at least try. Maybe you can send PMs to Clancyhound and/or Roykirk as they have actual experience with this, and both apparently had their SO's visas approved while in the midst of their respective K-1s.
 
http://www.russianwomendiscussion.com/index.php?topic=14301.0#msg287428
 
Not sure if it'll be a consideration for both of you, but another 'nice' alternative, since you're prepared to 'spend' the monies for a B-visa is wait until her K-1 gets approved. Once it is, maybe you can instead petition *invite* her family member/s to come during her 90-day period so they can join both of you on your wedding day. That can be a very nice experience for everyone involved.
 
That's what I did. My then GF didn't know anything about any of this and neither did her parents/sisters prior to our filing. When she got approved, that's when I told her to have her family apply for theirs so that we can all be together in our wedding. I thought that was a nice wedding gift for everyone involved. They were all with us for over a month, including our wedding which we had in Hawaii.
 
 
 

[Gator]

Kmin-
 
With an 88% approval rate on non-immigrant visas for Russians, it likely won't hurt to at least try.

Even if your RW received a tourist visa because of some oversight by the US consulate in her country, she must enter the US.  At the POE the USCIS officer will enter her name into his computer.  Among other things it will show a K-1 pending, i. e. her intent to immigrate.  Based on just that fact he could deny her entry.  She would be sent back on the next flight.
 
IMO, it is not worth the stress and possible expense.  So meet her in a third country and enjoy a relaxing holiday together.

[kmin]

To Clarify;

We have no intentions of doing anything that could possibly jeopardize our K-1 visa process. 

From my research into the embassy websites it is possible to receive a B-2 visa while the K-1 process is being done.  The evidence you can use to demonstrate a connection to returning to the home country, in this case Russia; is that the B-2 visa will be used to visit her current fiance and return to complete the K-1 process.  I believe this in combination with her already traveling under visas to other Asian and European countries.  This experience shows she has a track record of returning to Russia.

I plan to find out some more information before we precede with the application process.  Hopefully I can find out something more concrete. 

NEUTRAL COUNTRY;

Great idea, however the most I could ever take off from work this spring will be one or two weeks.  With a tourist visa she could live with me here for a couple of months.  This would be better for the both of us financially, if the B2 is not possible we plan to meet in a visa free country for a week this spring.   

[tfcrew]

There was a thread done on this just last week..
http://www.russianwomendiscussion.com/index.php?topic=14301.msg286321#msg286321

Note the visajourney link==
http://www.visajourney.com/forums/topic/206677-ukraine-simplified-application-process-dropbox/

[sniper]

To Clarify;

We have no intentions of doing anything that could possibly jeopardize our K-1 visa process. 

From my research into the embassy websites it is possible to receive a B-2 visa while the K-1 process is being done.  The evidence you can use to demonstrate a connection to returning to the home country, in this case Russia; is that the B-2 visa will be used to visit her current fiance and return to complete the K-1 process.  I believe this in combination with her already traveling under visas to other Asian and European countries.  This experience shows she has a track record of returning to Russia.

I plan to find out some more information before we precede with the application process.  Hopefully I can find out something more concrete. 

NEUTRAL COUNTRY;

Great idea, however the most I could ever take off from work this spring will be one or two weeks.  With a tourist visa she could live with me here for a couple of months.  This would be better for the both of us financially, if the B2 is not possible we plan to meet in a visa free country for a week this spring.

Its funny because we were just thinking the same way when we were considering me visiting my husband(fiance back that time). But the fact is that they will do their best not to let you into the country if in doubt about persons immigration intention. And pending K1 just makes it not possible.
So basically even if its theoretically possible, practically it hardly is. There are too many people who would just come with tourist visa and get married and adjust status, they come and figure its nicer to wait in USA while your whatever case pending.
Also, as Gator posted, its so very true that they can also deny you at the port of entry.
Well, whatever you decide, wish you all the best.
Meeting in no visa country is probably your best decision IMHO

[clancyhound]

Yes you can - We are in the middle of the K-1 process now and my girl just recieved a 2 year tourist visa to USA 1 month ago.
It was no problem. 
Interviewer never asked her about it.  We did disclose the K-1 in the aplication, they do ask if there is another visa in process in application.

[TheTraveler]

We have started the K-1 Visa process, but I would like to get her a travel visa in the mean time so we can spend a couple of months together while we wait.

First convince her that the USCIS won't issue her a US tourist visa, and then do your best to live it up during your final months of freedom! 

[GQBlues]

Yes you can - We are in the middle of the K-1 process now and my girl just recieved a 2 year tourist visa to USA 1 month ago.
It was no problem.  Interviewer never asked her about it.  We did disclose the K-1 in the aplication, they do ask if there is another visa in process in application.

It would certainly be very interesting if you can somehow report ensuing event/experiences once your fiancee comes over to visit you. Not necessarily a trip report but more on what she experiences to/fro relating to entry. You, along with Roykirk, have certainly gone against the grain with your respective experiences...so it's very interesting.

[kmin]

I put the question to the service desk at the Moscow Embassy and this is the response they sent back;

Thank you for writing to the US Visa Service Desk.


We understand that you wish to know whether it is possible for your fiancé to obtain a B-2 travel visa so that she could spend some time with you in the USA while you await the K-1 Visa process.

We would like to inform you that it is possible for your fiancé to obtain a B-2 travel visa while you await the K-1 Visa process. But the decision about visa issuance depends only on the consular officer.

Please note that in order to enjoy the privilege of unencumbered travel in the United States, she has a responsibility to prove she is going to return abroad before a visitor visa is issued.

Applicants should prove the existence of residence abroad by demonstrating that they have ties abroad that would compel them to leave the United States at the end of the temporary stay. The law places this burden of proof on the applicant.

So it appears that it is possible to receive a B2 while you wait for the K-1, but a willingness to return at the end of the B2 must be proven to the person reviewing the case at the embassy.  We are going to give it a shot and let you know how it goes. 

[tfcrew]

Cool that it could be done now.
Let us all know how it works out.

[Chicagoguy]

Just to be safe you could take this question to www.visajourney.com
Thay seem to have much experience there.

[roykirk]

It would certainly be very interesting if you can somehow report ensuing event/experiences once your fiancee comes over to visit you. Not necessarily a trip report but more on what she experiences to/fro relating to entry. You, along with Roykirk, have certainly gone against the grain with your respective experiences...so it's very interesting.

Yeah, we certainly did.  But granted things have changed a lot over the last few years, so what may have been unthinkable just 5 years ago could be quite possible now.  What was funny was that my wife didn't cause an eye blink when she applied for and received her B-2 while our K-1 was pending.  Entering the country, not a word (I even warned her to expect a grilling if the POE officer noticed the K-1 in the computer).  And yet, 4 months later when she finally moved here permanently, entering on the newly received K-1, she was grilled for almost 45 minutes in an office about her intent, etc.  It was so bizarre. 

One other note:  I recall a discussion on VJ some time ago on this very topic where a person who claimed they were or had been a POE officer stated that they could not see most pending K-1s in their computer.  Something about how it had to reach a certain level in the process before they saw anything.

[GQBlues]

Thanks for that update Roykirk.
 
I agree, things indeed are changing. I think this (higher rate of approval for non-immigant visa for Russians) is partly the reason why the MOB had been on a very slow decline over the years.
 
 

[ML]

Thanks for that update Roykirk.
 
I agree, things indeed are changing. I think this (higher rate of approval for non-immigant visa for Russians) is partly the reason why the MOB had been on a very slow decline over the years.

Do you mean decline in actual numbers of brides coming from Russia, or just a decline in the number that come through MOB Agencies?

[kmin]

My fiance traveled to Moscow for the interview (B2 Visa)

They said no

They said she must wait for K-1 visa.  So we wait for K-1 visa. 

[sniper]

My fiance traveled to Moscow for the interview (B2 Visa)

They said no

They said she must wait for K-1 visa.  So we wait for K-1 visa.

Makes sense

[kmin]

Yes it makes sense, except for I wrote the moscow embassy and they said that they do issue B2 for those waiting for K-1.

Wish they would have just told us in the letter they would not, it would have saved us about $1,000 worth of fees and travel expenses just to be told no. 

Oh well that's the way things go sometimes.

[Faux Pas]

Yes it makes sense, except for I wrote the moscow embassy and they said that they do issue B2 for those waiting for K-1.

Wish they would have just told us in the letter they would not, it would have saved us about $1,000 worth of fees and travel expenses just to be told no. 

Oh well that's the way things go sometimes.

I'm too lazy to search or look it up but, isn't that the advice you got in the thread you started? Hopefully you didn't endanger the K-1 with this failed B2

[kmin]

Yes I wrote to the embassy in Moscow and they replied saying "they do authorize B2 Visas while the K-1 is being processed. " but said "she would have to get approval from the consular officer and it is his/her decision."

We did not lie and told the truth about the K-1 being in process.  She also brought a copy of the letter from the embassy and the K-1 process letter.

This had better not affect the K-1 process as the embassy itself said this was not a problem. 

I have also talked to a couple of other people who have received the B2 while waiting for the K-1 from this embassy also.  I truly thought this would have been approved without any problem.  It is very disappointing to us both as we had nothing but good intentions of fulfilling our visa obligations.

[Faux Pas]

Often there seems to be no rhyme or reason why the consulates do as they do. Of course there are different nuances to everyone's situation so it is difficult to tell. It's a shame the money that was lost but, that is a result of filing the unknown. How long has your K-1 been to this point?

[LAman]

Yes I wrote to the embassy in Moscow and they replied saying "they do authorize B2 Visas while the K-1 is being processed. " but said "she would have to get approval from the consular officer and it is his/her decision."

We did not lie and told the truth about the K-1 being in process.  She also brought a copy of the letter from the embassy and the K-1 process letter.

This had better not affect the K-1 process as the embassy itself said this was not a problem. 

I have also talked to a couple of other people who have received the B2 while waiting for the K-1 from this embassy also. I truly thought this would have been approved without any problem.  It is very disappointing to us both as we had nothing but good intentions of fulfilling our visa obligations.

The embassy only told that it is possible to apply for a B-2 visa while a K-1 was in process but never really told you the effects it could have on the K-1 if a B-2 is denied. I wonder if this puts more time in the waiting process?
 
BTW......what made you think your B-2 would be apppoved, like it was a slam dunk case......because you had a K-1 in process? So many are denied....it should be more of a hope than an expectation....
 
Good Luck!!!

[Gator]

No one likes  people who say "I told you so."    So I will jump to your concern about whether this would affect you k-1 petition.

Don't worry Mon, No problem!.

Your K-1 is first processed at a USCIS Service Center in the US where overworked bureaucrats literally do thousands and thousands  of such petitions.  In contrast, your tourist visa application was reviewed by the State Dept.  Two different Federal departments.   They have trouble sharing information on terrorists, so I don't see how a connection is made.
 
Even if a connection were made, you did nothing illegal.  You reported the same information in both cases and did not try to deceive either bureau.

A connection could be made during her interview for a K-1 visa.  In fact, she could go before the same CO.  If so, and if the CO asks a question, she explains how you wrote the embassy (copy of their reply would be helpful if this comes up).   And the two of you have followed the letter of the law.  And she loves her kmin so much that she did not want to wait so long to see him.  Then she shows proof of where the two of you met at a neutral site.
 
Here's wishing your K-1 sails rapidly through the process.