K1/Tourist visas

[BucBud]

Talked to Marine52/53/54 (whatever he is this year) today, and since he is out of town and without computer access, he asked me to post this question for those of you in the know:
His Lady has a 2 year tourist visa to visit the US - (She just left to go back to Moscow) -- he intends to file the K1.
NOW: if he files the K1 and she gets in the system, he is concerned that the tourist visa will be no good -- since the K1 takes "MONTHS!!" he is concerned that she will not be able to come to the US on the tourist visa until the K1 is granted.
He realizes that once the K1 is actually granted, (after her interview) that would take priority over the Tourist visa, but does anyone know for sure that the tourist visa will be good up until the day the K1 is granted??
I would think that even as screwed up as IMBRA is, that the tourist visa would be valid until the K1 is safely in her hands. But what the heck do I know??  :
BUCK

[BucBud]

So this has been viewed 14 times and no help??
Does this mean there may be something for him to worry about??
He will be back friday and would like an answer guys!!

[Turboguy]

Coming here on a tourist visa while she has a K-1 filed is a risk.   Legally she can do it however if the Immigration officer at the POE chooses, he can send her back home.   If she tries, it she should say nothing about a fiancee or maybe even a boyfriend.   One slip of the fiancee word and she could be on her way back.

[Anastassia]

Well, it is better not to mix these two visas.

But if she was in the US why didn't they get married then? Maybe next time she visits they can get legally married and then he can apply I-130 for his spouse. She won't be able to travel for some time though after that. This might be not in his plans, but just an idea.

[BucBud]

But since she already has the Tourist visa, why would the fact that he has "started the paperwork" for a K1 visa make any difference -- it has not been approved until it has been "approved" -- and forwarded to the embassy in Moscow -- I'm amazed that even the screwed up DHS could deny her entrance to the US on a tourist visa, which has already been granted for two years -unlimited entry-- on the basis that he has the paperwork "pending" for a K1- makes no sense to me-- but then our government is so screwed up I wouldn't doubt it for a minute.

[freebird]

As far as I know, The fiancee visa will supercede the tourist visa when she hands in her passport at the interview for her fiancee visa.  She will be able to travel freely to USA untill she surrenders her passport at the interview.  At that point she is on a single entry 90 day visa.

IMHO, trading in a 2 year multiple entry tourist visa for a K-1 is like trading in a new Lexus for a 1988 Ford Escort.  It's about as smart as trying to smuggle drugs from New York to Mexico. 

Marine and Elena should take advantage of the situation.  Both can freely visit each other.  Why should he apply for such a restrictive visa for her?  She can 100% legally fly here on the next flight out of Moscow.

Marine has been with her for 2 1/2 months in Russia so far and she recently visited on a tourist visa for three weeks and returned back to Russia.  She fulfilled the obligations of returning home. 

I personally know two girls who are now married to guys they met while here on tourist visas.  They haven't had any trouble adjusting status. I feel it was that because they had returned home at least once after a "tourist" visit here.

I think Marine should bring her here on her tourist visa and pretend that she is here on a K-1 visa.  If things work out then they can get married and adjust her status here. 

I think they are a couple who can actually marry here while she's on a tourist visa and adjust status fairly easily.

[Turboguy]

The problem is not that it is illegal for her to come here on a tourist visa while a K-1 is pending. 

The problem is that if the immigration officer at the POE suspects visa fraud he can deny her entrance.   Yes, many can come here on a tourist visa, marry and file for an adjustment of status, however doing so intentionally is visa fraud. 

If the I/O at the POE is aware that there is a K-1 pending or if she says her trip is to visit her fiancee the I/O is likely to suspect that she intends to commit visa fraud by marrying while she is here and adjusting status and will pack her fanny back on the next plane. 

[BucBud]

Talked to Marine again today, he appreciates all the input (I read the replies to him over the phone) - so now he has a game plan  :
He told me to say "Thanks" to all of you who gave the advice
BUC

[SLHF1000]

I agree to err on the side of caution here.  While not illegal as such, the USCIS may determine it as improper somehow, and therefore may delay things or deny the visa outright.

The benificiary of the K-1 should always be living outside the USA, as has been discussed ad nauseum in other forums.

Remember, this is the government.  Better not try to confuse them (which ain't too difficult to begin with) or make them think outside the box.

[SLHF1000]

As far as I know, The fiancee visa will supercede the tourist visa when she hands in her passport at the interview for her fiancee visa.  She will be able to travel freely to USA untill she surrenders her passport at the interview.  At that point she is on a single entry 90 day visa.

IMHO, trading in a 2 year multiple entry tourist visa for a K-1 is like trading in a new Lexus for a 1988 Ford Escort.   

Agree big time.  The multiple entry is akin to gold, and is something most of us would jump for joy about having.