# Travelling while VISA is processed.



## AngusGlover (May 28, 2018)

Hi All

I am getting married to an American (I live in UK) and I was wondering what the issues are with travelling to see her in US while my V ISA application is being processed? Do they put a restriction on me so I cannot travel? I would like to be able to go out for a week or so at a time.

Thanks


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## Crawford (Jan 23, 2011)

Immigration do not put restrictions on you visiting while your visa is being processed (but you should have evidence you will return to the UK), but Covid-19 does.


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## AngusGlover (May 28, 2018)

Thanks for the response. Stay safe.


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## Moulard (Feb 3, 2017)

You should be able to travel to the US either on an ESTA or a B visa while your immigrant visa is being processed.

There is always an inherent risk that the border agent feels that you do not have sufficient ties back to the UK and are a risk overstaying your visitor visa - particularly if your spouse has already returned to live in the US.

I recommend carrying copies of rental agreements, a letter showing you have approved leave with an end date from your employer or any other suitable documents that acts as evidence that other parties expect you to return to the UK. These can help to counter a concern by a border agent if they happen to have any concerns.

Its a sad truth, that given you are going to see her, you are less likely to face a challenge than if you were the US citizen and she was going to see you in the US.


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## twostep (Apr 3, 2008)

AngusGlover said:


> Hi All
> 
> I am getting married to an American (I live in UK) and I was wondering what the issues are with travelling to see her in US while my V ISA application is being processed? Do they put a restriction on me so I cannot travel? I would like to be able to go out for a week or so at a time.
> 
> Thanks


 https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html
Currently travel from the UK is restricted.

K1 is "intent to immigrate" while VWP/B2/B1 are "no intent to immigrate". Defacto you are lying on the application. It is up to the immigration officer at point of entry to grant entry.


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## twostep (Apr 3, 2008)

Moulard said:


> You should be able to travel to the US either on an ESTA or a B visa while your immigrant visa is being processed.


Going by the book - no9.



Moulard said:


> YThere is always an inherent risk that the border agent feels that you do not have sufficient ties back to the UK and are a risk overstaying your visitor visa - particularly if your spouse has already returned to live in the US.


There is no spouse in this case. Just a GF.



Moulard said:


> YI recommend carrying copies of rental agreements, a letter showing you have approved leave with an end date from your employer or any other suitable documents that acts as evidence that other parties expect you to return to the UK. These can help to counter a concern by a border agent if they happen to have any concerns.


The decision is up to the immigration officer.



Moulard said:


> YIts a sad truth, that given you are going to see her, you are less likely to face a challenge than if you were the US citizen and she was going to see you in the US.


Can you please substantiate the statement that US citizens cannot enter the US?


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## Moulard (Feb 3, 2017)

> Going by the book - no.


Not according to advice published by the US Department of State...


If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of the visa.

However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you will be required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the United States either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the United States. If the immigration inspector is not convinced that you are a genuine visitor for pleasure, you will be denied entry into the country.​


> There is no spouse in this case. Just a GF.


I read it grammatically as present continuous tense.. spouse, affianced, main squeeze... doesn't affect the intent of what I wrote... its always up to the immigration officer on the ground.



> Can you please substantiate the statement that US citizens cannot enter the US?


You misread my comment. It was simply a reflection the the inherent biases that exist when an man arrives at a US port of entry, vs a woman. That a woman arriving alone on a tourist visa (particularly if travelling with a US person) is far more likely to be subject to greater scrutiny than in the reverse case.


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## twostep (Apr 3, 2008)

Moulard said:


> Not according to advice published by the US Department of State...
> 
> 
> If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of the visa.
> ...


Please give an actual link.




Moulard said:


> Moulard said:
> 
> 
> > I read it grammatically as present continuous tense.. spouse, affianced, main squeeze... doesn't affect the intent of what I wrote... its always up to the immigration officer on the ground.
> ...


Please give me a break - this 2020!


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## Moulard (Feb 3, 2017)

twostep said:


> Please give an actual link.



The quote came from the UK Embassy Website...

https://uk.usembassy.gov/visas/immigrant-visa-faqs/applying-for-an-immigrant-or-fiancee-visa-2/


And if that is not sufficient, how about a quote from the Foreign Affairs Manual itself...

If you are not aware the Foreign Affairs Manual is the authoritative source for the Department's policies, and procedures that govern the operations of the State Department, the Foreign Service and, when applicable, other federal agencies.

I have cut out sections not relevant...


9 FAM 402.2 

(U) Tourists and Business Visitors and Mexican Border Crossing Cards – B Visas and BCCs

(CT:VISA-1151; 09-14-2020)
(Office of Origin: CA/VO)


9 FAM 402.2-4(B) (U) Visitors under Special Circumstances

(CT:VISA-1; 11-18-2015)

(U) The following classes of aliens may be classified B-2 visitors under the following special circumstances.

...

9 FAM 402.2-4(B)(4) (U) Spouse or Child of U.S. Citizen or Resident Alien

(CT:VISA-778; 05-13-2019)

(U) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of travel is to accompany or follow to join the spouse or parent for a temporary visit.

9 FAM 402.2-4(B)(5) (U) Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status

(CT:VISA-778; 05-13-2019)

(U) The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, foreign government officials or employees posted to the United States, officers or employees of an international organization posted to the United States, and accompanying parent(s) of a minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative nonimmigrant status (other than derivative A or G status) as an eligible immediate family member, but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other nonimmigrant derivative visa, provided that the applicant (the derivative) intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, you should advise them to ask DHS for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States. You should consider annotating the visa to indicate the purpose of travel and the length of stay in such cases.​

https://fam.state.gov/FAM/09FAM/09FAM040202.html


So what is your source that states someone with an immigrant visa pending cannot enter the US on another visa if they meet the eligibility criteria for that visa?


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