K1 being processed while he's here on a P1

[missbakkwudz 0]

Okay, here's the general jist of things.

My fiance is currently in the US touring with his band. He'll be on tour well in to the K1 process, but another musician in a similar boat told him he could not leave the country and return because it would "cancel" his k1.

Our 129F has been submitted and we've received our NOA1. My fiance's tour has three days up in Canada sometime between now and August, then returns to the US to continue the tour. Will him leaving the US for a couple of days screw up the K1 process?

[belinda63 3,031]

No in fact he will have to leave the US for his medical exam and interview which will be at the consulate you designated on the petition.

[Penguin_ie 5,993]

I think the friend is confused. Your fiance can leave and re-enter as many times as he wants as long as he has a valid visa (P in his case) during the K1 processing. He will need to go back to Australia anyways towards the end of the processing, for medical and interview. But once the K1 is granted, it is good for one entry only into the USA; then you need to get married and file for Adjustment of Status, and cannot leave until the greencard or advanced parole is granted.