HELP! (urgent) - Timing of wedding, AP, travel issues

[john_and_marlene 162]

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

Your quote from the FAM shows the B2 as an alternative to the K1 for those cases where there is no intention to immigrate. It indicates the alternative of the B2 INSTEAD of the K1 -- not as an additional visa. If they follow the rules (and I expect that in all but a very few mistakes) they will cancel the B2 when they issue the K1. You can only have 1 visa at a time.

[desert_fox 32]

you either apply for the B2 or for the K1. You cant apply for both at the same time, and you cant have both in a passport at the same time. If he has a B2, it will be invalidated when they stamp the K1 or vice versa.

[rebeccajo 14]

The cases of entry to the US that I was speaking of were folks who came in to make wedding arrangements or what-not either on the VWP or from Canada. I do specifically reading of someone who did this successfully without using the K in their passport.

But like I said, I wouldn't recommend that.

[MrsDarby 0]

I'm sure your questions have been answered, but I will add in my two cents!

The K-1 is a one time entry visa. I believe it also states that right on the visa in the passport.

You will have to apply to get permission to leave the country.

My husband and I have been married since April. We sent in our paperwork for permission to leave the country about one month ago (or just over), and we haven't heard anything yet.

It's really hard to plan anything when they don't give you much of a time line!

[Steffi 0]

It's really hard to plan anything when they don't give you much of a time line!

Or when they give you a timeline but don't stick to it.