Visiting on holiday after K1 approval but before marriage

[Michael Stanfield 0]

Hi there,

I am new to the forum and wanted to take this opportunity to thank everyone for the advice and guidance provided. The K1 process is a nightmare and this site has helped tremendously.

Anyway...... My fiancee and I are currently at the NOA1 stage of the process with an RFE. We are confident that the visa will be issued in due course however there is a chance that it may be issued prior to my next holiday to the States. Although I live in London I am not eligible for the VWP and travel on a B1/B2 visa. If the K1 is issued, will I still be able to travel on the B1/B2 until such time that we are ready to marry.

Any views and advice would me much appreciated.

Thanks

M

[Hank_ 9,174]

The K-1 visa stamp will be in your passport, Customs will see it.... the rest is obvious.

[Michael Stanfield 0]

The K-1 visa stamp will be in your passport, Customs will see it.... the rest is obvious.

Sorry, I a probably being rather naive but it isn't obvious.

So therefore the K1 overrides the B1/B2?

I want to use the B1/B2 one more time then use the K1 to get married. Am I not able to do so?

[Dan & Jenni 457]

Sorry, I a probably being rather naive but it isn't obvious.

So therefore the K1 overrides the B1/B2?

I want to use the B1/B2 one more time then use the K1 to get married. Am I not able to do so?

when do you plan on using the B1/B2??

[Dave&Roza 748]

Sorry, I a probably being rather naive but it isn't obvious.

So therefore the K1 overrides the B1/B2?

I want to use the B1/B2 one more time then use the K1 to get married. Am I not able to do so?

As the previous poster mentioned, if the K-1 is inside your passport and you arrive at the POE into the USA, the CBP person will see the K-1 and issue you an I-94 stamped K-1. The K-1 is a one entry visa and if they use it instead of the B1/B2 you just used that one entry along with the requirement of getting married within 90 days and not being able to work or travel without EAD/AP or the GC like all K-1 visa holders. Now should you come BEFORE the K-1 is issued in the passport then the only thing you have to do is show stong enough ties to your home country in order to be let into the USA.

I guess I do not understand what the problem is and why you want to use the B1/B2 and then the K-1. If you use the K-1 you have 90 days to get married. If you use the B1/B2 you will most likely have to leave before 90 days and then return before the K-1 expires which is typically 6 months. Just be glad you have such a problem. Most of us could not have the foreign finance(e) visit during the process as they would not be issued a B1/B2 visa. If you want to travel BEOFRE the K-1 is issued then do so. Do not travel with the K-1 inside your passport or you risk having to stay and get married and not be able to return for a few months while the EAD/AP and GC applications are processed.

Dave

Edited February 23, 2012 by Dave&Roza

[VanessaTony 3,567]

I am new to the forum and wanted to take this opportunity to thank everyone for the advice and guidance provided. The K1 process is a nightmare and this site has helped tremendously.

Anyway...... My fiancee and I are currently at the NOA1 stage of the process with an RFE. We are confident that the visa will be issued in due course however there is a chance that it may be issued prior to my next holiday to the States. Although I live in London I am not eligible for the VWP and travel on a B1/B2 visa. If the K1 is issued, will I still be able to travel on the B1/B2 until such time that we are ready to marry.

Any views and advice would me much appreciated.

No you can't use the B1/B2 anymore. In fact I've read posts on here about CBP crossing out the visitor visa when they get the passport at the K1 interview.

It's not worth the risk. Travel ONLY when you're ready to immigrate.

[Moomin 292]

Postpone replying to Packet 3 for a little while, postpone interview is also an option. That way you'll gain more time and be able to use your tourist visa before the K1 is issued. It's usually valid for up to 6 months after approved so as long as your POE is before is expires, then you can travel on the tourist visa before K1 is issued.

The other way around isn't an option unless you're planning on staying and adjusting status in the US on based on the K1 POE.

Edited February 23, 2012 by moomin

[Nich-Nick 3,354]

Stall your K1 interview if your I-129F is approved before you want to take a trip. My fiance had a trip booked to the US for early July when we got NOA2 in early May. He didn't want to risk having his visa before the trip. His cover letter with the forms going to the embassy requested an interview after July 16 because he would be out of the country. They gave him July 31. The rest of the UK group we were tracking along with interviewed around a month before us. They will try to accommodate your requests if it's reasonable.