k-1 VS. k-3

[Ray]

 
Hey Jeff,
 
Holy shyt! I shared a couple of bottles of sake with a chick in Japan years ago. I hope that doesn't mean that we were married!
 
I can't recall any chanting, so maybe I'm OK... 
 
Ray
 
 
 
 

[braziliangirl]

The K-3 allows your foreign spouse to come here and wait for the processing of your SR-1/CR-1 immigrant visa petition instead of waiting overseas.

Ray,

I understand that K3 is for the one that want to go and stay. What if you just want to visit while you wait? Would a tourist visa be enough?

Or being in the process of waiting for a SR-1/CR-1 would cause you problems when attempting to enter the country with a tourist visa?

Thanks!
BG

[Ray]

Ray,

I understand that K3 is for the one that want to go and stay. What if you just want to visit while you wait? Would a tourist visa be enough?

Or being in the process of waiting for a SR-1/CR-1 would cause you problems when attempting to enter the country with a tourist visa?

Thanks!
BG

　
bg,
　
Since you are already married and considered to be an intending immigrant, a tourist visa would be very difficult, though not impossible. Even if you already had a multiple entry tourist visa, it is still very possible that you would be denied entry upon arrival in the US.
　
The appropriate visa for a married couple would be a CR-1 or K-3, with the CR-1 immigrant visa being preferable for a variety of reasons.
　
Ray
　

[braziliangirl]

Even if you already had a multiple entry tourist visa, it is still very possible that you would be denied entry upon arrival in the US.　

That makes a lot of sense, but is bad. Is that the same way for a K-1?

I have a five year multiple entry business/tourist visa, and if I renew it six months before it expires, I will get a ten year without the need to go through an interview. Let's say I have to travel for work, which have happened before, I guess they would very likely to deny entry upon arrival too. So, the K-1, K-3 or CR-1 process would get in the way of me doing my job...

I guess it works the same way for the girls from countries like Japan, that doesn't need a visa, but can be denied entry when they get there, right?

Sorry about the many questions. I'm still far from starting such process, but I thought the information would be useful for some readers too.

Thanks!
BG

[Ray]

 
BG,
 
Having a valid visa is never a guarantee that you will be admitted. Having a pending petition for a immigrant-type visa while traveling with a visitor visa could be reason for denying you entry, IF they are aware of it.
　
I have no idea what details or information show up on the immigration agent’s computer screen when you arrive at your port-of-entry. A lot will depend on the questions he/she asks you and your responses, and what mood the agent is in on that particular day..
　
I remember one lady from Hong Kong arrived at Los Angeles with a valid multiple entry visitor/business visa but was turned around and sent home because when she was asked the purpose of her trip, she replied "to visit my boyfriend".
　
If you have solid evidence of your business on your trip, along with lodging reservations, and you don’t tell them any more information than they ask for, I guess you would be OK, but you never really know for sure.
　
I believe that visitors from countries like Japan would receive similar scrutiny to that of visa holders.
　
Ray