b-2 Tourist Visa, Multi-entry???

[elgringo954 7]

My fiancee is visiting on a Tourist Visa here in the U.S. and she was granted a 6 month stay and it expires Sept 02, 2014. Putting aside the fact that we are waiting on our k-1 accepted 2/21 what I wanted to ask was if anybody has an opinion if we can travel internationally before it expires and return to the U.S. because I was considering a closed-loop cruise to the Bahamas for a few days. I just don't want any complications. I'm thinking that she can come and go freely until September 2nd???

[Penguin_ie 5,993]

Yes she should be fine, as long as you don't expect another 6 months (ie she'd still need to leave on Sept 2nd, leaving the country for a few days won't "re-set the clock" in most cases).

Edited April 25, 2014 by Penguin_ie

[elgringo954 7]

Yes of course, not expecting another 6 months at that point. Based on the National statistics I am expecting that our K-1 approval will be next on the table by her allowed 6 month stay expiration and if not it will be time for a week and a half vacation back to her country and back. Hoping that at that point that they would assign another short stay until the k1 interview/approval.

[aaron2020 11,651]

My fiancee is visiting on a Tourist Visa here in the U.S. and she was granted a 6 month stay and it expires Sept 02, 2014. Putting aside the fact that we are waiting on our k-1 accepted 2/21 what I wanted to ask was if anybody has an opinion if we can travel internationally before it expires and return to the U.S. because I was considering a closed-loop cruise to the Bahamas for a few days. I just don't want any complications. I'm thinking that she can come and go freely until September 2nd???

Hi,

It doesn't work that way. She cannot come and go freely until Sept. 2.

On her current visit to the US, she is authorized to stay until Sept. 2. Once she leaves the US, her current trip is over and done with. She doesn't not get any right to come and go freely because non-immigrant visa holders do not have that right.

If she wants to return to the US after leaving, she needs to meet all the requirements. And a short vacation outside the US may not allow her a second entry in the US.

I would not risk it.

[elgringo954 7]

Thinking it over I guess you're right and its not worth the risk. I'll put the cruise off for a bit, but now on the same token, once we get our fiance visa approved we were thinking about getting married on a cruise ship so do you think CBP will deny entry after leaving from miami to the bahamas after getting married in Key West??

[JayJayH 546]

Thinking it over I guess you're right and its not worth the risk. I'll put the cruise off for a bit, but now on the same token, once we get our fiance visa approved we were thinking about getting married on a cruise ship so do you think CBP will deny entry after leaving from miami to the bahamas after getting married in Key West??

The K-1 visa is single entry only, and she cannot re-enter the US on the K-1 after your wedding.

If you plan to get married in Key West, do not leave the US until AOS is complete, or she applies for, and is granted an Advance Parole document (I-131). This can be applied for along with the AOS package.

If you go to the Bahamas after the wedding, she will be refused entry coming back to the US, because she will have no visa or document to enter on.

Edited April 25, 2014 by Yang-Ja

[elgringo954 7]

Yes I see where the problem comes into place and I don't think that the cruise after the wedding is such a great idea but at least she will still have a Tourist visa that's good for 10 years in her Passport in case of an emergency but we will apply for the I-131 when she adjusts her status. Any idea on how long the I-131 typically takes?

[Boiler 45,519]

3 months

[aaron2020 11,651]

Yes I see where the problem comes into place and I don't think that the cruise after the wedding is such a great idea but at least she will still have a Tourist visa that's good for 10 years in her Passport in case of an emergency but we will apply for the I-131 when she adjusts her status. Any idea on how long the I-131 typically takes?

Hi,

You still are working under an erroneous assumption.

The tourist visa is meaningless once she uses the K-1 to enter the US. She cannot leave and reenter on a non-immigrant visitor visa with the intent to adjust.

Once she enters on the K-1, she will need an immigrant visa, AP, or a green card to reenter the US.

[elgringo954 7]

Oh I see. Thank you

[belinda63 3,038]

She can enter on the K-1 one time only. Once she is here you marry and file to AOS. If she leaves without AP she has abandoned the AOS and you start all over again with the spousal visa. If she leaves after entering on the K-1 without filing for AOS you must file for either the K-1 (if you didn't marry) or the CR-1 if you did marry for her to return and remain.

[JayJayH 546]

Yes I see where the problem comes into place and I don't think that the cruise after the wedding is such a great idea but at least she will still have a Tourist visa that's good for 10 years in her Passport in case of an emergency but we will apply for the I-131 when she adjusts her status. Any idea on how long the I-131 typically takes?

Hi,

You still are working under an erroneous assumption.

The tourist visa is meaningless once she uses the K-1 to enter the US. She cannot leave and reenter on a non-immigrant visitor visa with the intent to adjust.

Once she enters on the K-1, she will need an immigrant visa, AP, or a green card to reenter the US.

Aarin is correct - She could, in theory enter on the tourist visa, sure. But she would no longer be in K-1 status. The AOS (if filed) will be considered abandoned once she leaves the US. She cannot adjust status in the US, if she is not in the US.

As far as entering on a tourist visa - She cannot enter on a tourist visa if she intends to adjust status.