Coming to US on passport and after vacation on K1 Visa?

[WeAreTogetherNow 2]

Hello!

I have a question for a friend. They applied for a K1 Visa in June and everything went quick and smooth and her interview appointment for the K1 Visa is in 3 days in Frankfurt so if everything goes well she should have it at the end of October.

Question: Is it possible that she comes to the US on her passport at the beginning of November, goes on a vacation (early honeymoon due to his work schedule) with her fiancee to Jamaica (they booked it already month ago not knowing she can't leave after she entered on the K1 Visa) and enters then on her K1 Visa when she gets back from Jamaica? Or does she have to use it right away when she enters the US?

I hope this question makes sense?! If not please ask!

Thanks!

[Harpa Timsah 13,258]

No, sorry.

[WeAreTogetherNow 2]

Would you mind telling me why not? I tried to find something online but to no avail...

[Unlockable 7,315]

Because the VISA is printed directly in her passport. It is the first thing customs sees when they open it. That is an indication that the immigrant is using a K1 and it is why most visitor visas are cancelled when a K1 visa is approved.

Sorry but your friend will have to change plans.

Also, encourage your friends to join the board and research because there is a lot more that needs to be done and unless they educate themselves to the process they will continue to be in situations like this.

ETA: Just thought of an option. She can try to see if she can meet her fiance in Jamaica first (she will likely need a Jamaican Visitor Visa). Then after her "pre honeymoon" she can enter the US for the first time.

Edited October 18, 2016 by NuestraUnion

[NuZayetsPogodi 117]

"If everything goes well." Her interview is in 3 days (end of this week), and IF she is approved, she will leave her passport at the embassy. It takes most approved people at least 2 weeks (8-10 business days) to get their passport with their K-1 visa back. That's already the first week of November. But she could be put in a longer term AP. She might not be approved. Nothing is guaranteed.

Your friend should reschedule her interview to after she returns to Germany after her vacation so that she'd enter the US on VWP. Alternatively, and this is a stretch, she could go to the interview and then, if approved, ask if she could bring her passport back to the embassy after her trip so that the visa can be added. I'd guess she'd get a 221g form, which is the embassy asking for a missing document (her passport) and she'll be put in AP until she brings it back. This will also likely add time to her case, as many people who don't bring necessary documents with them to their interview have several weeks of AP.

Also, just in case your friend is wondering, she cannot arrive in early November, get married, then go to Jamaica. She will need to go through AOS and receive a green card, which will take several months. If she leaves before she receives her green card, she will have abandoned status, and her then-husband will need to file for CR-1. In other words, the smartest thing in this situation is to reschedule the interview until after her trip to Jamaica.

[p-ana 933]

"If everything goes well." Her interview is in 3 days (end of this week), and IF she is approved, she will leave her passport at the embassy. It takes most approved people at least 2 weeks (8-10 business days) to get their passport with their K-1 visa back. That's already the first week of November. But she could be put in a longer term AP. She might not be approved. Nothing is guaranteed.

Your friend should reschedule her interview to after she returns to Germany after her vacation so that she'd enter the US on VWP. Alternatively, and this is a stretch, she could go to the interview and then, if approved, ask if she could bring her passport back to the embassy after her trip so that the visa can be added. I'd guess she'd get a 221g form, which is the embassy asking for a missing document (her passport) and she'll be put in AP until she brings it back. This will also likely add time to her case, as many people who don't bring necessary documents with them to their interview have several weeks of AP.

Also, just in case your friend is wondering, she cannot arrive in early November, get married, then go to Jamaica. She will need to go through AOS and receive a green card, which will take several months. If she leaves before she receives her green card, she will have abandoned status, and her then-husband will need to file for CR-1. In other words, the smartest thing in this situation is to reschedule the interview until after her trip to Jamaica.

She could also leave if she has AP, that can be applied for with the adjustment of status, not necessarily only with the green card though

[LionessDeon 2,060]

Are you talking about going straight to Jamaica from Germany for a vacation and then POE in USA?

[WeAreTogetherNow 2]

Are you talking about going straight to Jamaica from Germany for a vacation and then POE in USA?

No, she wanted to go to the US first in November just using her passport and then fly to Jamaica in December for a week and then go back to the US this time using her K1 Visa.

[Cheezees 1,514]

No, she wanted to go to the US first in November just using her passport and then fly to Jamaica in December for a week and then go back to the US this time using her K1 Visa.

No, that won't work. The K-1 visa is for a single entry. There have been instances where K-1 holders have left and returned to the US but they were extreme emergencies and certainly never vacations. She really should join VJ. If this was her plan, she needs to be educated on the process.

[Scandi 4,173]

Tell her to change from Jamaica to Hawaii instead and they'll be fine.

[LionessDeon 2,060]

Tell her to change from Jamaica to Hawaii instead and they'll be fine.

Or Skip the USA in November. Go from Germany to JA to USA.

[MrsWoodsy 0]

Hello!

I have a question for a friend. They applied for a K1 Visa in June and everything went quick and smooth and her interview appointment for the K1 Visa is in 3 days in Frankfurt so if everything goes well she should have it at the end of October.

Question: Is it possible that she comes to the US on her passport at the beginning of November, goes on a vacation (early honeymoon due to his work schedule) with her fiancee to Jamaica (they booked it already month ago not knowing she can't leave after she entered on the K1 Visa) and enters then on her K1 Visa when she gets back from Jamaica? Or does she have to use it right away when she enters the US?

I hope this question makes sense?! If not please ask!

Thanks!

You can only enter the US on a K1 visa ONCE. After they are married, she needs to submit an AOS packet with AP and EAD papers. AP allows her to leave the country without forfeiting the AOS. So point being, if she leaves the US without filing all of those things, she will not be allowed in. They can't go on that honeymoon.

[Shauneg 762]

Or Skip the USA in November. Go from Germany to JA to USA.

Here is the best answer. Germany-Jamaica-U.S.

[IcezMan_IcezLady 582]

Your friend can postpone the interview.. Meet the fiance in Jamaica and return to Germany for the interview.

[Jon&Margz 132]

Tell your friend to just marry quickly (civil ceremony at the courthouse) when they arrive in US.. apply for AOS and request permission to leave for vacation. After the vacation they can have the big wedding ceremony.

To VJ veterans... isn't this possible?

Edited October 18, 2016 by Jon&Margz