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Filed: Other Country: Mexico
Timeline
Posted

Hi all. I started in the B1/B2 forum since that is the visa that my girlfriend currently has and replies there have sent me in this direction. Great site and great info here. Thanks for the input and advice in advance.

My girlfriend and I have been together a year and a half. She is from Hermosillo, MX and we met through our church and marriage is now a standard topic of conversation between us.

I have a couple of questions regarding the CR-1 path.

1. Does she have to surrender her B1/B2 visa immediately upon filing for the CR-1? Besides visiting me, her visa is for work. Not for US employment, but for her Mexican employment. Having to surrender her B1/B2 would actually hurt her employment

2. Would also filing for the K-3 as pointed out in the guide while waiting for the CR-1 to process help prevent this disruption to her employment since it allows her to come and go freely.

3. Once the CR-1 is processed to the consulate abroad serving her in MX, does she immediately surrender her K-3 or only after she interviews?

We are not so concerned about not getting to visit each other since I have a valid passport and can always travel to MX, but the disruption to her employment.

Posted
Hi all. I started in the B1/B2 forum since that is the visa that my girlfriend currently has and replies there have sent me in this direction. Great site and great info here. Thanks for the input and advice in advance.

My girlfriend and I have been together a year and a half. She is from Hermosillo, MX and we met through our church and marriage is now a standard topic of conversation between us.

I have a couple of questions regarding the CR-1 path.

1. Does she have to surrender her B1/B2 visa immediately upon filing for the CR-1? Besides visiting me, her visa is for work. Not for US employment, but for her Mexican employment. Having to surrender her B1/B2 would actually hurt her employment

2. Would also filing for the K-3 as pointed out in the guide while waiting for the CR-1 to process help prevent this disruption to her employment since it allows her to come and go freely.

3. Once the CR-1 is processed to the consulate abroad serving her in MX, does she immediately surrender her K-3 or only after she interviews?

We are not so concerned about not getting to visit each other since I have a valid passport and can always travel to MX, but the disruption to her employment.

1. No - however, she may be subjected to more scrunity at the CBP POE.

2. Forget the K-3 :)

3. I think you meant B-1/B-2 - Depends on the embassy - Umit still has her other B-2 visa in her passport - but she has the greencard - so it is not needed.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

1. No.

2. K-3 waste of time. Stick with the I-130.

3. If there was a K-3 in place, it is invalidated at the first POE using the CR-1.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Other Country: Mexico
Timeline
Posted

Thanks to all for the replies.

I am thinking that maybe with some hand carried proof of the CR-1 filing, the scrutiny at the CBP port of entry might be lessened. Why jeopardize the CR-1 process already in place by violating the B1/B2 visa? See my point?

1. No.

2. K-3 waste of time. Stick with the I-130.

3. If there was a K-3 in place, it is invalidated at the first POE using the CR-1.

I am guessing that the B1/B2 would also be invalidated at the first POE using the CR-1 but at which point wouldn't matter anymore.

 
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