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Tom212

Applying for a B visa while waitng for a K-1

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Filed: K-1 Visa Country: Moldova
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My fiance wants to visit me while we wait for the long K-1 process to complete.

Has anyone had any problems with getting a toruist visa while in the process of a K-1? Could it cause any problems with getting the K-1 visa?

One of the questions on the application is "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" I think technically the K-1 is a non-immigrant visa, but should it be entered here so as to not appear to be hiding anything?

Thanks. This site a a great help.

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Filed: AOS (pnd) Country: Germany
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If you use the forum search you will see that many people have asked this before.

Well your fiance can try and get a tourist visa,however there is a chance of getting refused the tourist Visa.

If this happens it wont affect your K1 Visa application.

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Filed: K-1 Visa Country: Moldova
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Thanks for your help. I looked through the forum and it seems lots of people discuss the DS-156 for the K-1 istelf and most seem to think that no is correct.

But I can't find an aswer for what to check for question 36 has anyone filed an immigrant visa on your behalf for a DS-156 that is for a B-2 while waiting for a K-1.

I tried emailing the state department, but I got a form response saying they can't reply to me.

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Thanks for your help. I looked through the forum and it seems lots of people discuss the DS-156 for the K-1 istelf and most seem to think that no is correct.

But I can't find an aswer for what to check for question 36 has anyone filed an immigrant visa on your behalf for a DS-156 that is for a B-2 while waiting for a K-1.

I tried emailing the state department, but I got a form response saying they can't reply to me.

Question 36 ("Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?"): In your case, I'd think the response would be "yes" since the I-129f is treated like an immigrant visa petition.

My fiancée got a B-2 while the K-1 is pending. She checked "yes" there, and she had no problem getting the visa or entering the country. Lots of factors come into play, though, but it's worth a try.

Good luck!

Love timeline:

??? 2003 -------> Started chatting regularly, became good friends

Nov 2004 -------> Fell in love

Jan 2006 -------> Met (in person) for first time

Apr 2008 -------> Wedding

Jun 2008 -------> Closed on house together

K-1 timeline:

Jun 11, 2007 -------> I-129f sent

Mar 20, 2008 -------> Visa in hand

AoS/EAD/AP timeline:

Apr 26, 2008 -------> Wedding

Apr 28, 2008 -------> Filed (forms mailed)

Apr 30, 2008 -------> Forms received by USCIS

May 06, 2008 -------> Cashed check posted to account

May 10, 2008 -------> NOA1 received for EAD, AP, and AoS

May 10, 2008 -------> Biometrics appt date received

May 28, 2008 -------> Biometrics for EAD & AoS

Jun 11, 2008 -------> AoS case transferred to CSC

Jul 05, 2008 -------> AP Approval

Jul 09, 2008 -------> EAD approval

Jul 14, 2008 -------> EAD and AP received

Jul 17, 2008 -------> AoS approved (card production ordered)

Now for my obnoxious signature Meez©:

0605_10033471973.gif

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Filed: Citizen (apr) Country: Guatemala
Timeline

The B-2 application wont affect the K-1 process.

I answered question no. 36 "NO", the K-1 is considered a Non-immigrant Visa.

I agree with Jesse that is worth to give it a try, I got a new tourist visa a couple of months ago and traveled to the U.S. in december with no problem.

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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Filed: AOS (pnd) Country: Germany
Timeline
But I can't find an aswer for what to check for question 36 has anyone filed an immigrant visa on your behalf for a DS-156 that is for a B-2 while waiting for a K-1.

I tried emailing the state department, but I got a form response saying they can't reply to me.

The answer should be no unless a petition(K1) was filed for the benificiary at some other point in time.

I also crossed on NO because this never happend.

Edited by DakotaK1
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Filed: Citizen (apr) Country: Guatemala
Timeline
The answer should be no unless a petition(K1) was filed for the benificiary at some other point in time.

I also crossed on NO because this never happend.

The answer is NO, but IMO that is not the reason. The reason you are referring to, is right when you are filling out the DS-156 for the K-1 interview. In this case the OP's fiance will be applying for a B-2 (using the same DS-156)and even though a I-129F petition has been filed on her behalf, and the K-1 in process the answer remains NO, as the K-1 is a non-immigrant visa.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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The answer should be no unless a petition(K1) was filed for the benificiary at some other point in time.

I also crossed on NO because this never happend.

The answer is NO, but IMO that is not the reason. The reason you are referring to, is right when you are filling out the DS-156 for the K-1 interview. In this case the OP's fiance will be applying for a B-2 (using the same DS-156)and even though a I-129F petition has been filed on her behalf, and the K-1 in process the answer remains NO, as the K-1 is a non-immigrant visa.

Right... Technically the answer is "no".. But in a lot of respects, the K-1 is treated like an immigrant visa at the embassy level (medical exam, interview scheduling, etc), so I believe my fiancée checked "yes" and then explained that it was an I-129f as part of the K-1 process, just to make it apparent that we were "up-front" about the situation. Maybe that was incorrect, but it didn't have any bearing, and she was granted the visa. Frankly, I doubt it matters, as long as you don't intentionally mislead them somehow. I'm sure people screw up the forms all the time.

Love timeline:

??? 2003 -------> Started chatting regularly, became good friends

Nov 2004 -------> Fell in love

Jan 2006 -------> Met (in person) for first time

Apr 2008 -------> Wedding

Jun 2008 -------> Closed on house together

K-1 timeline:

Jun 11, 2007 -------> I-129f sent

Mar 20, 2008 -------> Visa in hand

AoS/EAD/AP timeline:

Apr 26, 2008 -------> Wedding

Apr 28, 2008 -------> Filed (forms mailed)

Apr 30, 2008 -------> Forms received by USCIS

May 06, 2008 -------> Cashed check posted to account

May 10, 2008 -------> NOA1 received for EAD, AP, and AoS

May 10, 2008 -------> Biometrics appt date received

May 28, 2008 -------> Biometrics for EAD & AoS

Jun 11, 2008 -------> AoS case transferred to CSC

Jul 05, 2008 -------> AP Approval

Jul 09, 2008 -------> EAD approval

Jul 14, 2008 -------> EAD and AP received

Jul 17, 2008 -------> AoS approved (card production ordered)

Now for my obnoxious signature Meez©:

0605_10033471973.gif

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Filed: Country: Australia
Timeline
The B-2 application wont affect the K-1 process.

I answered question no. 36 "NO", the K-1 is considered a Non-immigrant Visa.

I agree with Jesse that is worth to give it a try, I got a new tourist visa a couple of months ago and traveled to the U.S. in december with no problem.

hi im just wandering, how many times can you leave the us once you have a B2 approved?

And can you apply for a K1 after you have already gotten a B2 approved?

As in like, fly to the states, hang out, fly home, apply for K1, then fly back within the same date that the B2 was approved?

Timeline:

May-20-2008: Mailed AOS package via Overnight Express UPS

May-30-2008: Recieved NOA recieve date May 21st I-485, I-765, I-130, I-131

ArtBam-2-1.jpg

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Filed: Citizen (apr) Country: Guatemala
Timeline
The answer should be no unless a petition(K1) was filed for the benificiary at some other point in time.

I also crossed on NO because this never happend.

The answer is NO, but IMO that is not the reason. The reason you are referring to, is right when you are filling out the DS-156 for the K-1 interview. In this case the OP's fiance will be applying for a B-2 (using the same DS-156)and even though a I-129F petition has been filed on her behalf, and the K-1 in process the answer remains NO, as the K-1 is a non-immigrant visa.

Right... Technically the answer is "no".. But in a lot of respects, the K-1 is treated like an immigrant visa at the embassy level (medical exam, interview scheduling, etc), so I believe my fiancée checked "yes" and then explained that it was an I-129f as part of the K-1 process, just to make it apparent that we were "up-front" about the situation. Maybe that was incorrect, but it didn't have any bearing, and she was granted the visa. Frankly, I doubt it matters, as long as you don't intentionally mislead them somehow. I'm sure people screw up the forms all the time.

You're right, K-1 is treated an immigrant visa in some embassies which can be very confusing! And as you said, at the end the answer is not very relevant. Your fiance and I got our tourist visas and we answered differently! ;)

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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Filed: Citizen (apr) Country: Guatemala
Timeline
hi im just wandering, how many times can you leave the us once you have a B2 approved?

And can you apply for a K1 after you have already gotten a B2 approved?

As in like, fly to the states, hang out, fly home, apply for K1, then fly back within the same date that the B2 was approved?

Hi, you can enter the U.S. As many times as the B-2 allows you, if the tourist visa was issued for MULTIPLE entries you can travel back and forth.

Yes, you can apply for a K-1 after a B-2 has been granted. You could even apply for the K-1 while you are in the States. When my fiance and I sent our I-129F I was visiting him in the States. The important thing about B-2 is to come back home before the date that is stamped on the I-94 form you receive at the POE. Usually, the I-94 it's good for 6 months.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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Filed: K-1 Visa Country: Moldova
Timeline

Looks like that question 36 is a tricky one. Most people seem to think that "no" is best answer for the DS-156 for the K-1 itself.

But as pointed out this is for a B-2. It's good to know that people have been approved both checking "yes" and "no".

I guess our biggest worry is to not appear like we're trying to be deceptive and get denied for the B-2 or even worse the K-1.

The processing time for the K-1 may be over 9 months! Who wouldn't want to visit their fiance in that time???

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