Can You Apply for Tourist Visa Pending K1 Visa?

By Joyce Felisa Domingo

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.

Atty. Joyce Felisa Domingo, hardened by her experience in different fields of law, is your valuable partner and committed adviser for various visa, immigration, business and legal concerns. Visit http://www.travelvisamanila.com/ for your concerns.

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