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Posted

Hello all,

I have a problem I was hoping to get some advice on. I have read extensively and found a few others who faced similar issues, but haven't been able to answer all of my questions.

Here goes: my fiance just had his interview and was approved (yippie!), picks up the visa tomorrow (6/16/06) and come to the US the next day (6/17/06). We had initially planned on getting married 9/1/06, then honeymooning in Costa Rica and having a blessing for the 150+ relatives there on 9/17/06. I then found out that we have to apply for permission to leave the country, and that it can take months to do so.

So we decided to have a civil ceremony ASAP and apply for the AP. I am just very concerned right now about the increasing delay with getting things approved. When we first decided the above, it was about 60 days to approval (cutting it very close). Now it seems like it could take even longer. I'm of course panicking, because we bought the tickets, as have 4 others coming down for the "blessing" in Costa Rica, not to mention the 150+ guests that will be getting an invitation to the "blessing" on 9/17/06 sometime this week (they already know it's coming).

So... some questions.

1) Can he leave and reenter the US on the K-1 Visa, prior to the marriage, as long as it's still <90 days? My understanding from reading elsewhere was yes, he can. My thinking on this was he could delay his entry here for a week (ie. leave Costa Rica 6/23/06), putting us ok to leave and return to the US in September and then have a civil ceremony ASAP 9/19/06 (at the 88 +/- day mark).

2) Has anyone had experience (or advice) with trying something like the following: him reentering Saturday on his valid tourist visa, us having a "celebration" on 9/1/06 in the US, going to Costa Rica for a "blessing" 9/8-9/17, then returning to the States using the K-1 visa and having the civil ceremony within the 90 days. I was considering having him attempt this on his way in, explaining the situation to USCIS, showing the valid K-1 visa (as proof that he isn't planning on getting married on the tourist, as we have the approved K-1), and seeing if they would allow that. Worst case he could use the K-1 to enter and we take our chances with getting the AP in time.

Any comments or advice would be much appreciated. I am very grateful the visa was approved after all this time, but this whole process is just so confusing and frustrating.

Thank you all.

Melissa (and Arturo)

Melissa (USA) and Arturo (Costa Rica)

04-26-04 - Met in Costa Rica

09-01-05 - Engaged!

01-17-06 - I-129F package sent by DHL to NSC

06-14-06 - Fiance Visa Apt - APPROVED! (Day 148)

06-22-06 - Married (civil service)

09-01-06 - Wedding ceremony

AOS+

06-26-06 - AOS/AP/EAD sent via UPS

09-05-06 - Infopass appointment (Day 73)

12-07-06 - AOS Interview- approved! (Day 170)

Lifting of Conditions

10-27-08 - I-751 sent via FedEx

12-02-08 - Biometrics apt (Day 34)

01-24-09 - Green Card arrived! (Day 87)

Naturalization

04-27-11 - N-400 sent via USPS

05-03-11 - Email from USCIS re: receipt of N-400 (Day 1)

Posted
Hello all,

I have a problem I was hoping to get some advice on. I have read extensively and found a few others who faced similar issues, but haven't been able to answer all of my questions.

Here goes: my fiance just had his interview and was approved (yippie!), picks up the visa tomorrow (6/16/06) and come to the US the next day (6/17/06). We had initially planned on getting married 9/1/06, then honeymooning in Costa Rica and having a blessing for the 150+ relatives there on 9/17/06. I then found out that we have to apply for permission to leave the country, and that it can take months to do so.

So we decided to have a civil ceremony ASAP and apply for the AP. I am just very concerned right now about the increasing delay with getting things approved. When we first decided the above, it was about 60 days to approval (cutting it very close). Now it seems like it could take even longer. I'm of course panicking, because we bought the tickets, as have 4 others coming down for the "blessing" in Costa Rica, not to mention the 150+ guests that will be getting an invitation to the "blessing" on 9/17/06 sometime this week (they already know it's coming).

So... some questions.

1) Can he leave and reenter the US on the K-1 Visa, prior to the marriage, as long as it's still <90 days? My understanding from reading elsewhere was yes, he can. My thinking on this was he could delay his entry here for a week (ie. leave Costa Rica 6/23/06), putting us ok to leave and return to the US in September and then have a civil ceremony ASAP 9/19/06 (at the 88 +/- day mark).

2) Has anyone had experience (or advice) with trying something like the following: him reentering Saturday on his valid tourist visa, us having a "celebration" on 9/1/06 in the US, going to Costa Rica for a "blessing" 9/8-9/17, then returning to the States using the K-1 visa and having the civil ceremony within the 90 days. I was considering having him attempt this on his way in, explaining the situation to USCIS, showing the valid K-1 visa (as proof that he isn't planning on getting married on the tourist, as we have the approved K-1), and seeing if they would allow that. Worst case he could use the K-1 to enter and we take our chances with getting the AP in time.

Any comments or advice would be much appreciated. I am very grateful the visa was approved after all this time, but this whole process is just so confusing and frustrating.

Thank you all.

Melissa (and Arturo)

The K1 is a single entry visa. The tourist visa will no longer be valid once the K1 visa is issued. If you don't get AP in time, you will have to change your plans.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

Where did you read that your fiance can enter on a tourist visa if he's holding a K1? My understanding is that it would invalidate the K1. Also, the K1 is a single entry, unlike the K3, so you can't exit and then re-enter as long as it's within the 90 days.

I think you only have two options. Take your chances that you will get your AP in time. Or else your fiance should wait until after the blessing in Costa Rica to enter the U.S., after which entry you can get married.

Good luck!

ETA: If the blessing ceremony in Costa Rica is the priority and can not be postponed, then really your only option would be for your fiance to wait until after the ceremony to enter the U.S. Unfortunately, the cremony may have to be a bit different since you two won't actually be married yet.

Filed: Other Timeline
Posted (edited)

I've read of others entering without using their K-1, and then leaving and coming back on the K with no trouble. But I personally wouldn't do it. This process is so full of 'things that go bump in the night' - I just wouldn't want to complicate my life by doing it.

I actually quit reading your scenario about half-way down cause my eyes started to bug out and I thought - OMG that's a lot of trouble to put oneself through.

JMHO

Glad he got his visa though! Congratulations on that!

Edited by rebeccajo
Filed: Timeline
Posted

Melissa,

You have a mis-understanding - your fiance won't need permission to leave the country, he will need approval, in advance of leaving, to be paroled back into the country.

1) Another mis-understanding. As others have posted, the K1 is a 1-entry visa.

2) Having been granted a K1 visa your fiance's B-2 visa is now void.

The K-1 visa is valid for 6 months. Have you considered having your fiance stay in Costa Rica until after the blessing ceremony in September, then use his K-1 visa to enter the USA. (Assuming that what you are calling a 'blessing ceremony' won't create a marriage under Costa Rican law.)

Yodrak

Hello all,

I have a problem I was hoping to get some advice on. I have read extensively and found a few others who faced similar issues, but haven't been able to answer all of my questions.

Here goes: my fiance just had his interview and was approved (yippie!), picks up the visa tomorrow (6/16/06) and come to the US the next day (6/17/06). We had initially planned on getting married 9/1/06, then honeymooning in Costa Rica and having a blessing for the 150+ relatives there on 9/17/06. I then found out that we have to apply for permission to leave the country, and that it can take months to do so.

So we decided to have a civil ceremony ASAP and apply for the AP. I am just very concerned right now about the increasing delay with getting things approved. When we first decided the above, it was about 60 days to approval (cutting it very close). Now it seems like it could take even longer. I'm of course panicking, because we bought the tickets, as have 4 others coming down for the "blessing" in Costa Rica, not to mention the 150+ guests that will be getting an invitation to the "blessing" on 9/17/06 sometime this week (they already know it's coming).

So... some questions.

1) Can he leave and reenter the US on the K-1 Visa, prior to the marriage, as long as it's still <90 days? My understanding from reading elsewhere was yes, he can. My thinking on this was he could delay his entry here for a week (ie. leave Costa Rica 6/23/06), putting us ok to leave and return to the US in September and then have a civil ceremony ASAP 9/19/06 (at the 88 +/- day mark).

2) Has anyone had experience (or advice) with trying something like the following: him reentering Saturday on his valid tourist visa, us having a "celebration" on 9/1/06 in the US, going to Costa Rica for a "blessing" 9/8-9/17, then returning to the States using the K-1 visa and having the civil ceremony within the 90 days. I was considering having him attempt this on his way in, explaining the situation to USCIS, showing the valid K-1 visa (as proof that he isn't planning on getting married on the tourist, as we have the approved K-1), and seeing if they would allow that. Worst case he could use the K-1 to enter and we take our chances with getting the AP in time.

Any comments or advice would be much appreciated. I am very grateful the visa was approved after all this time, but this whole process is just so confusing and frustrating.

Thank you all.

Melissa (and Arturo)

Posted
I've read of others entering without using their K-1, and then leaving and coming back on the K with no trouble. But I personally wouldn't do it. This process is so full of 'things that go bump in the night' - I just wouldn't want to complicate my life by doing it.

I actually quit reading your scenario about half-way down cause my eyes started to bug out and I thought - OMG that's a lot of trouble to put oneself through.

JMHO

Glad he got his visa though! Congratulations on that!

If he were to enter on a visitor visa and get married, he could not use the K1 later to reenter as a fiance.

The only cases I know of where someone was able to enter twice legally after getting a K1 was if they left due to an emergency before getting married and then had their K1 revalidated at the foreign consulate before returning within the original 90 days.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted

From the date his visa was issued, he has 6 months to enter the US. IMO, the best option would be to him to wait in Costa Rica and enter US after the ceremony.

Good luck!

Carol :thumbs:

coracao.gif

CAROL & MARC

MY HONEY'S PROFILE

Remove Conditions

08-28-08 - Mailed I-751

08-30-08 - Delivered

09-01-08 - Touched

09-03-08 - Check cleared

09-06-08 - NOA1 in the mail (dated 08/29???)

10-09-08 - Biometrics (Touched)

12-16-08 - Email "Card production ordered"

12-24-08 - Santa came and brought my present (Greencard in the mail!)

kitazura.gifkpuppy1.gif

BICHON FRISE LOVER!!!

Filed: AOS (apr) Country: Russia
Timeline
Posted (edited)

You've got 3 months to fix this. I'd get on the phone with the airlines to see what they can do - (possibly open up the ticket date or set a later date).

Fixing a ceremony/vacation problem is a lot easier than fixing an immigration one.

Edited by rushter

Yes Red Foreman, call me a dumbass

Filed: AOS (apr) Country: Mexico
Timeline
Posted

I would have him wait in CR until after the blessing. I did that with my fiancee...we had a Catholic wedding in Mexico, which is not legal under Mexican law, 3 months after receiving the visa. Then we came to the U.S. on the fiancee visa. This seems like the best option for you. Good luck :thumbs:

SEE K-1 HISTORY IN MY TIMELINE

AOS / EAD / AP TIMELINE:

06/30/2006 - I-485, I-765 and I-131 sent to Chicago (via USPS Priority mail) (DAY 1)

07/02/2006 - package received in Chicago (delivery confirmed via USPS)

07/06/2006 - NOA 1 (DAY 7)

07/12/2006 - biometric appointment notice (DAY 13)

07/14/2006 - received biometric appointment notice via mail

07/25/2006 - interview notice (DAY 26)

07/26/2006 - biometrics taken (DAY 27)

07/28/2006 - received interview notice via mail

09/07/2006 - I-485 interview...APPROVED!!!...passport stamped (DAY 70)

09/12/2006 - I-131 approved (DAY 75)

09/13/2006 - received welcome letter via mail

09/15/2006 - I-765 approved (DAY 78)

09/16/2006 - received AP via mail

09/18/2006 - received conditional green card via mail

09/21/2006 - received EAD via mail

07/23/2008 - filed I-751 to lift conditional status

07/28/2008 - NOA 1

08/26/2008 - biometric appointment

12/03/2008 - I-751 approved

12/08/2008 - received 10-year green card via mail

09/07/2009 - eligible for U.S. citizenship!

flag13.gif

flag12.gif

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

I agree with other post that said you should wait until you have your ceremony and then use the K-1 to enter the US after the ceremony - reccomend this option

OR

you can take your chance... If you get married the next day you enter the US (just go to the court and get the marriage certificate) and file the AOS asap, you "might" recieve the AP in time for your ceremony in Costa Rica... But.. VERY VERY RISKY!!!! I personaly wont recommend this option.. but it's another option for you.

K-1 = 4 months

AOS = 5 months

I-751 = almost one year

I Love My Life With You

"A society is judged by how it treats its animals and elderly"

Posted

Thanks to all of you who responded. I really appreciate the speed with which you wrote!

So, K1 is a one-time entry. That nixes option 1. However, I was looking up info on the USCIS website (http://foia.state.gov/masterdocs/09fam/0941031N.pdf) and found the following:

9 FAM 41.31 N14.1 Alien Fiancé(e)s

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or

Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is

classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR

41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR)

may, however, be classified as a B-2 visitor if you are satisfied that the

fiancé(e) intends to return to a residence abroad soon after the marriage. A

B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

It seems this would allow him to enter on the B-2 (Tourist) Visa for the next two months for preparations, then we leave for the CR ceremony, return and get married officially using the K1.

Any thoughts?

Thanks again.

Melissa

Melissa (USA) and Arturo (Costa Rica)

04-26-04 - Met in Costa Rica

09-01-05 - Engaged!

01-17-06 - I-129F package sent by DHL to NSC

06-14-06 - Fiance Visa Apt - APPROVED! (Day 148)

06-22-06 - Married (civil service)

09-01-06 - Wedding ceremony

AOS+

06-26-06 - AOS/AP/EAD sent via UPS

09-05-06 - Infopass appointment (Day 73)

12-07-06 - AOS Interview- approved! (Day 170)

Lifting of Conditions

10-27-08 - I-751 sent via FedEx

12-02-08 - Biometrics apt (Day 34)

01-24-09 - Green Card arrived! (Day 87)

Naturalization

04-27-11 - N-400 sent via USPS

05-03-11 - Email from USCIS re: receipt of N-400 (Day 1)

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
Thanks to all of you who responded. I really appreciate the speed with which you wrote!

So, K1 is a one-time entry. That nixes option 1. However, I was looking up info on the USCIS website (http://foia.state.gov/masterdocs/09fam/0941031N.pdf) and found the following:

9 FAM 41.31 N14.1 Alien Fiancé(e)s

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or

Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is

classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR

41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR)

may, however, be classified as a B-2 visitor if you are satisfied that the

fiancé(e) intends to return to a residence abroad soon after the marriage. A

B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

It seems this would allow him to enter on the B-2 (Tourist) Visa for the next two months for preparations, then we leave for the CR ceremony, return and get married officially using the K1.

Any thoughts?

Thanks again.

Melissa

That would be for if your fiance came to the U.S. to marry you on a B2, and then returned to his home country, without intending to immigrate to the U.S. That's irrelevant to the K1, and unfortunately does not provide the loophole that you are looking for.

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted

My doubt is IF the consulate will cancel (stamping on it) the B-2 visa, when they issue the K-1...

I had a B-2 visa for 1994 (just 3 months only), and even being waaaaaaay expired, they stamped on it saying: CANCELLED WITHOUT PREJUDICE.

Someone else with other experience???

Carol

coracao.gif

CAROL & MARC

MY HONEY'S PROFILE

Remove Conditions

08-28-08 - Mailed I-751

08-30-08 - Delivered

09-01-08 - Touched

09-03-08 - Check cleared

09-06-08 - NOA1 in the mail (dated 08/29???)

10-09-08 - Biometrics (Touched)

12-16-08 - Email "Card production ordered"

12-24-08 - Santa came and brought my present (Greencard in the mail!)

kitazura.gifkpuppy1.gif

BICHON FRISE LOVER!!!

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Just to share my AP story...I applied for my AP in February (2004) for a flight in May (2004), just over 3 months. At the time I believe they said it would take 30 days so of course I thought we were fine and had plenty of time before the flight for the AP to come in. Long story short, I received the approval email on the day we had been scheduled to fly away. Of course then I still had to wait for the paper to come in the mail. In other words we had to change our flights and pay moree money to get the airline tickets changed, etc, etc.

Moral of the story: Never underestimate the USCIS!

On a side note: Everything along my immgration process seems to have gone wrong, so I seem to have a case of especially bad USCIS luck, which means that everything could go perfect for you. But the risk is there nontheless.

January 10, 2003: K1 NOA

October 23, 2003: AOS NOA

November 10, 2005: AOS approved w/o interview (749 days!!)

September 30, 2009: German Beibehaltungsgenehmigung

February 9, 2010: Naturalization interview and Oath Ceremony!

View profile for detailed timeline

Posted

Thank you all again for your replies. It looks like we're pretty limited on choices here...

I have to talk to my honey about what we want to do about this.

Best of luck to you all as well.

Sincerely,

Melissa

Melissa (USA) and Arturo (Costa Rica)

04-26-04 - Met in Costa Rica

09-01-05 - Engaged!

01-17-06 - I-129F package sent by DHL to NSC

06-14-06 - Fiance Visa Apt - APPROVED! (Day 148)

06-22-06 - Married (civil service)

09-01-06 - Wedding ceremony

AOS+

06-26-06 - AOS/AP/EAD sent via UPS

09-05-06 - Infopass appointment (Day 73)

12-07-06 - AOS Interview- approved! (Day 170)

Lifting of Conditions

10-27-08 - I-751 sent via FedEx

12-02-08 - Biometrics apt (Day 34)

01-24-09 - Green Card arrived! (Day 87)

Naturalization

04-27-11 - N-400 sent via USPS

05-03-11 - Email from USCIS re: receipt of N-400 (Day 1)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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