Can I Get a Tourist Visa While Waiting On My NOA2?

Can I Get a Tourist Visa While Waiting On My NOA2?


(upbeat music) – All right, can my
fiance visit me in the USA with a tourist visa while
we wait for our NOA2 and will our paperwork
have any delays or troubles if I change jobs? Okay so he’s asking, obviously
he’s filed a fiance visa, that’s a K1 and he wants to know… It takes a while, so he wants to know if his fiance can come visit him. Very common question,
while he waits on the NOA2. NOA2 is the approval from the CIS. So these terms, NOA1, NOA2,
it’s really just slang, those aren’t official terms, but what it means is notice of action. Notice of action one would
be your receipt notice, saying that they got a receipt
that your petition was filed and the NOA2, typically, is going to be the second notice of action received, and it’s usually, you hope, the approval. It could also be a denial, the NOA2 could. Anyway, back to the question. The short answer is yes, there’s no rule or law that says you can’t come on a tourist visa
while you’re waiting on it. But the real answer is no. Most likely you’re not going
to be granted a tourist visit. If they see that you
have a pending K1 visa, they’re just almost certainly… Or any kind of pending
immigrant type visa, they’re almost certainly not going to give you a tourist visa. But if you already have one, most tourist visas, in most cases are good for ten years. Frequent visas over the
course of ten years. If you already have a valid visa. I mean we see it a lot from Canada. Fiance, and you didn’t
say what country on here, but if your fiance is in Canada, they have easy access to cross the border, can they come visit you
while you’re waiting? Absolutely you can. If you already have a visa, you can do it. The problem becomes, you
could be denied at the border. We’ve seen that happen. We don’t have a good grip
on how often it happens because we basically only hear from people who have problems and
got denied at the border. But the CBP guy at the border, Customs Border Protection,
when he looks up your id, and he sees you’ve got a pending case, if he suspects you’re actually trying to shortcut the process, because he already knows… Because you’ve got a pending visa, they already know your intent is, you want to live in the United States, they already know that, and so, if he suspects that you’re trying to shortcut the process, just come over and use your tourist visa to stay here that you can
be denied at the border and we have absolutely seen it happen. You could fly in, after
your long 12 hour flight, or 22 hour flight, if
you’re in Asian or whatever, show up and they can
turn you right around. Put you in a holding room and
put you on the next flight out and make you leave at your expense. And it has happened. It’s not mythology, we do see it happen. Does it happen often? No, we hear about it a few times a year but that’s just the ones we hear of. So, if it was me I wouldn’t do it. If you can drive, if you’re in Canada, if you’re in Toronto and
your fiance is in New York, or Maryland or something,
where it’s not going to be a significant burden
if you got turned away at the border, sure give it a shot. You’re not breaking any laws as long as you’re honest with everybody when you try to enter and all that, but if
you’re going to have to go apply for a tourist
visa, buy a plane ticket, come all the way over here, I wouldn’t risk it based
on what we’ve seen, our experiences. But if you want to try it, you’re not breaking any rules or laws, but our experience is it’s probably not going to be a good idea. Better though for you, you
the citizen can go visit your fiance all you want. So if you’d like to see
each other of course, the wait is horrible, my advice is for the US
citizen to jump on a plane or drive, whatever the case is. I would do it that way. That’s my best advice. But if you want to try it, good luck. – If you found this video useful it would mean a lot to us if
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2 thoughts on “Can I Get a Tourist Visa While Waiting On My NOA2?

  1. I visited my (then girlfriend) in Moscow, this past April and had the most beautiful week of my life there with her. I am already planning my 2nd trip, at the end of this year, to spend some more time with my now fiancé.:)

  2. My question is similar. I was married in Nigeria. We plan to apply for CR-1, however we have done so yet. Is it possible for my husband to come and visit on a tourist visa? Of course prior to us filing for CR-1.

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