In many cases, individuals can legally visit the United States temporarily while their immigrant or fiancé visa is being processed. However, obtaining a temporary visitor visa requires demonstrating the intention to return to your country of residence after the short-term visit, even if your ultimate plan is to immigrate to the U.S. This requirement ensures compliance with immigration regulations while allowing for future immigration possibilities.
During the visitor visa interview, you will be required to furnish evidence of your current residence outside the United States and your intent to return to your residence abroad at the conclusion of your temporary visit to the U.S.
Having a pending immigrant or fiancé(e) visa application does not disqualify you from obtaining a U.S. visitor visa. The crucial factor is the absence of immigrant intent in the short term. If your intention is to return to your home country after your temporary visit to the U.S., then you do not possess immigrant intent. It is important to be able to demonstrate this during the visa interview if questioned about it. In addition, in preparing for your interview, be ready to explain your purpose for visiting the United States and the duration of your stay.
When traveling to the U.S. on a temporary visa, whether with a visa or through the Visa Waiver Program, it’s important to also carry evidence of your ties to your residence outside the U.S. This documentation may be helpful if you are questioned about your intent or purpose for visiting by an immigration officer at the port of entry.
Remember, it is possible to have short-term non-immigrant intent and longer term immigrant intent at the same time.