Return on K1 within 6 months of previous 6 month stay on B2?

[oscillate.wildly 1]

Hi everyone,

I am a UK citizen currently in the US on a B2 (visitor) visa visiting my long-term US boyfriend of 4 years. We will soon be applying for a K1 visa. The maximum duration permitted in the US on a B2 visa is 6 months out of every 12, and this current visit will be 6 months. Therefore I cannot return on my B2 visa for another 6 months.

My question is, can I re-enter the US on a K1 visa within 6 months of my previous visit? E.g. I am leaving in April and normally could not return until October because I have already 'used up' my 6/12 months in the US. But if I am granted a K1 visa before October, can I return to the US before October (and of course get married within the 3 months)

I am guessing that the 6 month rule does not roll over to over visas, but I want to make sure. A 6 month separation is pretty unimaginable from someone you intend to marry!

Thanks for your help

[Zedayn 485]

You can enter the US at any time on your K-1 visa.

[Dohan 133]

You will be entering under a totally different visa which gives you the right to enter and marry. One has nothing to do with the other. Therefore, yes you can enter on K1 no problem when you were here last.

That said, from the moment you file, it can take up to 6 months to know you are approved, and then at least another 2 to do the medical in your country, and the interview, so it's about a total of 8. Unless you will be processed at the California Service Center, that can be quicker but I cannot exactly speak to the timeline of that because I was at the Texas Service Center which is notoriously slow.

Welcome to the journey and best of luck!

[oscillate.wildly 1]

You will be entering under a totally different visa which gives you the right to enter and marry. One has nothing to do with the other. Therefore, yes you can enter on K1 no problem when you were here last.

That said, from the moment you file, it can take up to 6 months to know you are approved, and then at least another 2 to do the medical in your country, and the interview, so it's about a total of 8. Unless you will be processed at the California Service Center, that can be quicker but I cannot exactly speak to the timeline of that because I was at the Texas Service Center which is notoriously slow.

Welcome to the journey and best of luck!

Awesome, thanks!

Can you decide where to send the application? I.e. can you have any say in where it goes - we're in Virginia if that means anything

Thanks, and sorry if the answer to that question is already out there

[Boiler 45,517]

Why not marry now and adjust?

You misunderstood the B but that is going to be a long story.

[oscillate.wildly 1]

Why not marry now and adjust?

You misunderstood the B but that is going to be a long story.

Well I thought that would be seen as an unlawful use of the B2 visa and risk deportation, which is obviously the worst thing I could do right now! Unless that really is an option. Our relationship is serious and we have always intended to marry, but I certainly did not enter with the intent to marry. What do you think?

[Boiler 45,517]

Does not matter now what your intention was or was not.

Marry and adjust, much simpler, quicker, cheaper.

[oscillate.wildly 1]

Does not matter now what your intention was or was not.

Marry and adjust, much simpler, quicker, cheaper.

What implications would this have for us spending time together? I am required to return to the UK in April both to avoid an overstay and also for a degree defence. Also a bit of a romantic and would be disowned by the family if we just went and got married! Although could have the proper ceremony later and all that

Sorry for all the questions and thanks for helping

[Boiler 45,517]

You should get AP by April if you get a move on now. That allows you to get back in without abandoning your status.

[oscillate.wildly 1]

You should get AP by April if you get a move on now. That allows you to get back in without abandoning your status.

The situation is that I would leave at the start of April, then would EITHER 1) return in early to mid-August from the UK, or 2) return later in e.g. September. We are hoping to both work in Canada from May-Aug. If I don't get my work permit (we both have job offers but there may not be time to get my work permit), my partner would still work in Canada and I would stay in the UK. Hope that makes sense. Therefore is an AP necessary and is what you recommend still the right move?

Edited January 22, 2015 by oscillate.wildly

[Boiler 45,517]

Sounds like you do not have time to go the adjustment route.