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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 134979
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Can you tell me if I can enter the USA on the visitor visa

Customer Question

Hi, can you tell me if I can enter the USA on the visitor visa if I have an application open for a K3 visa or a CR-1 application?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: No I haven't yet
JA: Have you talked to a lawyer about the visitor visa?
Customer: no - becuase I qualify for the visa waiver programme
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 17 years of experience. I am here to assist you with your questions. If I disappear for a few minutes, I have not gone away and I promise I will be back as soon as I can. You see I don't work in a call center, I work in my own legal practice. I'm a real, live lawyer and I assist multiple customers at the same time and something can come up that I need to attend to urgently. I am not ignoring you. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you. I understand you might get a prompt asking if you want to work with another expert, but just ignore it. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Thank you for your understanding.

Sorry for the delay. I just ask that if the answer is not good news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, you cannot. You are supposed to have NON-immigrant intent to enter as a visitor and with a pending K-3 or CR-1, it is near impossible to convince a CBP officer in the short time that you would have that you won't stay and if you are not able to convince them, one of three things can happen:

a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.

b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.

c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver.

So best not to risk it.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. IF you still do not see the stars, at least leave me a message that says that you are satisfied with my service to you, something like, "THANK YOU!" should suffice. Thank you for your understanding.

Customer: replied 1 year ago.
Can you enter the US before the K-3 visa is granted?
Expert:  Guillermo Senmartin replied 1 year ago.

Most likely they will not let you in, sorry. And as I said above, it is a risk to even try. I wish I had better news. Let me know if you need anything else, but please do not forget that positive rating, or at least leave me a "Thank you" note. Thank you for your understanding!

Expert:  Guillermo Senmartin replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? If it did, please at least let me know by leaving me a brief message saying that it helped and you are satisfied with my service to you, like just write, "Thank you!". Thank you for you understanding!

Expert:  Guillermo Senmartin replied 1 year ago.

Thank you for your kindness and respect. All you had to do was say "Thank you!" to me and all would have been OK. It doesn't cost you anything extra to do so. Good luck to you anyway.