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HELP! Concurrent Visa Applications

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Filed: K-1 Visa Country: Haiti
Timeline

My fiance and I applied for a K-1 Visa in February 2015. We received our NOA1 on February 20th, 2015 and our NOA2 on August 14th, 2015. The issue is that my fiance has also recently received approval for an application for advance parole under the Haitian Family Reunification Program (HRFP) which means that he currently has been approved for two visa applications and is slated to interview for both at the US Embassy in Haiti this fall. We are in the process of determining which visa would be most advantageous (mostly likely K-1) and we have a question---can an applicant be issued two different visas concurrently--meaning if my fiance is issued advance parole under the HRFP program--would his K-1 application be nullified--or can he be issued both visas (K-1 and advance parole) and then decide under which status he would like to enter the US on? We have called the National Visa Center and USCIS multiple times with this question and have received contradictory guidance. This morning a USCIS rep said that an applicant cannot be approved under two different visa categories which means that since his HRFP application was approved first the i-129F application should have been cancelled (which contradicts USCIS guidance we've received over the past 4 months). This rep then suggested that she would send me a letter advising me of the cancellation. This would be highly unfavorable as we have waited 6 months+ for the NO2 (thanks to TSC backlog)--and given the travel restrictions associated with the HRFP option--we would like to pursue the i-129F option.



We're really at a loss and would appreciate any guidance that you would be able to give.


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