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ryman554

k1 vs. k3 AND the B1/2 visa

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Filed: Country: United Kingdom
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OK -- not sure if this the correct forum, but should hit enough people to ask this.

I am currently engaged (YAY!) to a lovely UK citizen/resident.

For various reasons, she would rather have the wedding in the UK. Fair enough. Not a hard limit, but would make Ms. ryman554 MUCH happier, and that's worth it for me!

So, that brings us to the "best"/"fastest" way to get here over here after we're married, since the main income source is in the USA.

We could...

A) apply for K1, get married in US, and have a slightly less happy Ms. ryman554.

B) get married in UK and apply for K3, have an initially happy Ms. ryman554, but an eventually lonely one.

C) get married in UK and apply for CR1, same as above. (from what I've been reading, this is probably better than the K3, above)

What it hinges on is the following: we still want to see each other AND she wants to visit home.

I've seen various positive comments with people with K1/K3/CR1 visas in the application process successfully visiting on a tourist visa, as long as they don't lie AND show connections back home (I assume college courses would work!)

I've also deduced that, as long as she has the advanced parole, she can come and go AFTER getting married here on a K1, so as long as that doesn't take too long, travel post marriage shouldn't be an issue no matter which route we take.

What I'm not sure of is if the fact that she currently holds a valid B1/2 visa makes any difference? I initially didn't think so, but found some posts indicating that is does. Can anybody comment?

Thanks...

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Filed: K-1 Visa Country: Nepal
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I found this for you at this URL http://www.inteconlaw.com/k-1_visa.htm:

Question 8. My fiancée has a valid B-1/B-2 visitor visa for the US. Is she allowed to come to

America while my K-1 visa petition for her is pending with the U.S. immigration authorities?

Answer 8. Yes. She is allowed to enter, but she may face difficulty because she has to convince the immigration officials in the airport that she has no intentions to stay in the

U.S. permanently. She has a “dual intent” problem - that is to stay for a short period on

the current B-1/B-2 visa even though she intends to eventually stay permanently in the

US on the K-1 visa. It’s a trick situation – especially since many immigration officers

erroneously assume that the pending K-1 visa prevents B-1/B-2 entry.

As far as whether K-1 or K-3? The woman wants to marry in the UK... I think you have your answer.

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