Is my wife's B-1 visa still valid while her k-3 visa is still being filed and processed by USCIS?

[wiz1205 0]

Just wanted to ask if anyone knows if my wife's B-1 visa (tourist) is still valid while her k-3 visa is still being filed. I'm not sure if her tourist visa becomes void after filing for her spouse visa. Thanks!

[Ban Hammer 13,695]

mbc

[Precious 2]

Hmm...I had a valid B2, which was 'cancelled without prejudice" on the day of my interview for the K-1. I guess if her visa is still valid, she can use it to visit. Some people travelled with tourist visa to visit the fiance w/o problem. Others had a hard time at the POE. Just browse around the forums where you can find valuable input on that.

Good luck.

[pushbrk 13,221]

Just wanted to ask if anyone knows if my wife's B-1 visa (tourist) is still valid while her k-3 visa is still being filed. I'm not sure if her tourist visa becomes void after filing for her spouse visa. Thanks!

The visa remains valid unless specific action is taken to invalidate it. However, a valid visa is not a guarantee its holder will be admitted to the USA.

[Ed+Cindy 1]

The B visa is still valid. However, its hit or miss whether you can use it to get it. It depends on the POE's mood, what you say and the evidence you show.

My fiance (from NZ) was not able to get in on her B1/B2, even though she has used it in the past. As soon as there was any thought in the immigration officer's mind that she was in a fiance type relationship to an American, she was given the 3rd degree. You would have thought she plotted the 9-11 events based on the way they treated her.

But you may have better luck. Legally, a fiance can enter for a visit (the Inspector's Field Manual states that as a valid reason for a visit), but in actuality there is no accountability for CBP, so they will do what they want, regardless of the black letter law.

Have a back up plan, in case. My fiance stayed in Vancouver, BC for a month when she was denied, so at least I could see her on the weekends. Canada (or Mexico) works are a backup if both of you can travel there easily.