Russia K1 Visa Question

[jst 1]

Hello,

This web site is the best; very objective and no gossip allowed. Thanks to the person(s) who started this web site and thanks to all who contribute real good advice.

My Russian lady and I are engaged to be married and I am filing the I-129F in a few days. She currently has a three year B1/B2 Visa that expires in March of 2017; she has visited me twice the past year for a total of six months, and is returning in a month for six months.

Question: When the Embassy interview is granted and she travels back to Moscow and if all goes well, she is granted the K1 Visa, will she lose her B1/B2 Visa upon receiving the K1 Visa?

Thanks in advance.

[Dave&Roza 748]

Hello,

This web site is the best; very objective and no gossip allowed. Thanks to the person(s) who started this web site and thanks to all who contribute real good advice.

My Russian lady and I are engaged to be married and I am filing the I-129F in a few days. She currently has a three year B1/B2 Visa that expires in March of 2017; she has visited me twice the past year for a total of six months, and is returning in a month for six months.

Question: When the Embassy interview is granted and she travels back to Moscow and if all goes well, she is granted the K1 Visa, will she lose her B1/B2 Visa upon receiving the K1 Visa?

Thanks in advance.

Not really lose it, but it would not be useable after the K-1 is issued. The K-1 is for the purpose of entering the US, getting married, and filing for ajustment of status (AOS) to obtain a GC. Once she has a GC, she does not need a visa to re-enter the US after international travel. She will have to use the K-1 visa before it expires, which is typically 6 months. If she enters the US with the tourist visa with the K-1 in her passport, the CBP person may not use the B2 to grant her enty, but instead use the K-1. Now she cannot leave until the EAD/AP combo card is received or the GC.

Have her vist you using the tourist visa, but once the K-1 is received she should enter the US on the K-1 and begin the process of becoming a LPR.

Dave

Edited March 1, 2015 by Dave&Roza

[Boiler 45,486]

Yes

[jst 1]

Not really lose it, but it would not be useable after the K-1 is issued. The K-1 is for the purpose of entering the US, getting married, and filing for ajustment of status (AOS) to obtain a GC. Once she has a GC, she does not need a visa to re-enter the US after international travel. She will have to use the K-1 visa before it expires, which is typically 6 months. If she enters the US with the tourist visa with the K-1 in her passport, the CBP person may not use the B2 to grant her enty, but instead use the K-1. Now she cannot leave until the EAD/AP combo card is received or the GC.

Have her vist you using the tourist visa, but once the K-1 is received she should enter the US on the K-1 and begin the process of becoming a LPR.

Dave

Hi Dave,

Thank you.

To clarify, once she receives the K1, we marry, she can remain for the duration until the GC is issued no matter how much processing time for the GC to be issued?

Secondly, after marriage in the US, if she needs to return to Russia before the GC is issued, she can return with the K1 Visa and return to me without any issues with the CBP using the K1 to re-enter?

Thanks in advance Dave. James

Jim

[Dave&Roza 748]

Hi Dave,

Thank you.

To clarify, once she receives the K1, we marry, she can remain for the duration until the GC is issued no matter how much processing time for the GC to be issued?

Secondly, after marriage in the US, if she needs to return to Russia before the GC is issued, she can return with the K1 Visa and return to me without any issues with the CBP using the K1 to re-enter?

Thanks in advance Dave. James

Jim

No. She needs to have either the GC or advance parole (AP). Once she enters using the K-1 it is null and void as it is a one enty visa. You have 90 days to get married. Once married, you file for AOS and she must remain in the US until she receives proper travel documents. To leave the US before that would cause her AOS to be considered abandoned and she would not be able to re-enter the US until you apply and she is approved for a spousal visa--I-130.

Dave

[jst 1]

No. She needs to have either the GC or advance parole (AP). Once she enters using the K-1 it is null and void as it is a one enty visa. You have 90 days to get married. Once married, you file for AOS and she must remain in the US until she receives proper travel documents. To leave the US before that would cause her AOS to be considered abandoned and she would not be able to re-enter the US until you apply and she is approved for a spousal visa--I-130.

Dave

Dave,

What is the acronym AOS?

I see, the policy guidelines are very strict. During the GC wait time, what happens when deaths in the family occur or emergencies in the family back home require the Mother's presence?

Thanks, James

[Gosia & Tito 199]

Dave,

What is the acronym AOS?

I see, the policy guidelines are very strict. During the GC wait time, what happens when deaths in the family occur or emergencies in the family back home require the Mother's presence?

Thanks, James

AOS=Adjustment of status, after marriage, you met the conditions of teh K-1; but that in itself is not sufficient to get a GC, thus your spouse adjusts status on the basis of the marriage.

It is imperative you file AOS soon after marriage, and that you do so also petitioning AP-advance parole and EAD-employment authorization doc. The AP is what allows traveling while GC is in process. Typically, the AP and EAD come in 2-3 months after AOS is filed.

[jst 1]

AOS=Adjustment of status, after marriage, you met the conditions of teh K-1; but that in itself is not sufficient to get a GC, thus your spouse adjusts status on the basis of the marriage.

It is imperative you file AOS soon after marriage, and that you do so also petitioning AP-advance parole and EAD-employment authorization doc. The AP is what allows traveling while GC is in process. Typically, the AP and EAD come in 2-3 months after AOS is filed.

Very good. Thank you very much. Have a relaxing evening. James

[Dave&Roza 748]

Dave,

What is the acronym AOS?

I see, the policy guidelines are very strict. During the GC wait time, what happens when deaths in the family occur or emergencies in the family back home require the Mother's presence?

Thanks, James

Adjustment of Status (AOS). You apply for AP (Advance Parole) and Employment Authorization (EAD) as it takes less time to be approved and she can re-enter the US using the AP card and can begin working qwith EAD. There will be a period where she cannot leave the US and be able to re-enter. You have to make a very hard decision as to whether to go to back home and forfeit the whole immigration process or to remain in teh US and endure the wrath of the family for not going home. Now it MAY be possible to get an INFOpass appointment with a death certificate or other documentation showing urgent need for travel and get an I-551 (green card--GC) stamp in her passport.

Have her enter the US, get married ASAP and file the AOS ASAP. You can begin with the forms and gather the tax transcripts and make certain you have the $1070 filing fee. You can check to see how long it takes to get a copy of the Marriage Certificate. When things were moving faster, it took 46 days to get teh AP. Now it is taking about 90 days. So she needs to remain in the US for approximately 90 days.

Dave

[Hypnos 6,576]

The B-2 will probably be marked as "cancelled without prejudice" when the K-1 is issued and affixed to her passport.

[jst 1]

The B-2 will probably be marked as "cancelled without prejudice" when the K-1 is issued and affixed to her passport.

Thank you Hypnos. James

[vbtwo 54]

I see, the policy guidelines are very strict. During the GC wait time, what happens when deaths in the family occur or emergencies in the family back home require the Mother's presence?

It normally takes less than 3 months after filing to get the Advance Parole, but if there's an emergency in the meantime, you can go into USCIS local office with proof of emergency and they can issue an AP that same day.

Keep in mind that this will only work after marriage and filing for AOS, so I would recommend you do this as fast as possible so you don't have any issues.