What happens if the beneficiary is in the US during k-1 process?

[Kristi&Luigi 157]

Just a quick question before deciding if applying for a B2 is worth it. 

 

If the beneficiary has a B2 visa and is in the US during the process of k-1, will they have to go back to their country for the interview? Or can they have their interview scheduled in the US? 

Edited September 9, 2017 by Kristi&Luigi

[trudi 1,317]

The B2 is a visitor visa, for visiting the US for a short period and then leaving.

The K1 is a visa with immigration intent - on satisfying the conditions of issue i.e. marrying the petitioner there is a path to immigration.

 

Interviews for K1 are not held inside the US, so yes they would need to return to their country of residence for medical and interview.

[Dashinka 24,864]

You can always try, but if there is a K1 in process, it may be very difficult to get a B2.  As already stated, the interview for a K1 is not possible in the US, 

 

If it was easy to get a B2 when a K1 or CR1 was in process, a lot of people would be getting it.  Even people from ESTA countries face additional scrutiny if entering the country when another visa application is in process.

 

Good Luck!

[KULtoATL 1,551]

Your foreign beneficiary will have to return to the country where her K-1 would be processed. Depending on which country he/she's from, a B2 could be difficult to obtain. Maybe meet outside of the US instead.

[Mr Geminian 691]

11 hours ago, Kristi&Luigi said:

Just a quick question before deciding if applying for a B2 is worth it. 

 

If the beneficiary has a B2 visa and is in the US during the process of k-1, will they have to go back to their country for the interview? Or can they have their interview scheduled in the US? 

If the beneficiary has a B2 visa they may visit you in the US but will have to go back to their country for the K-1 visa interview and K-1 visa interviews will not be conducted in the US...the whole idea of a K-1 visa is to allow a foreign national to enter the US to marry a USC within 90 days of time.

[JFH 12,191]

Why would they want to stay? They need to pack up their things at home and take care of all the strong ties they demonstrated at the time of the B-2 visa being granted. Remember that once the K-1 visa has been issued and the holder enters the country, they cannot leave for many months so they need to go back for the interview and to take care of what needs to be done. 

[bakphx1 789]

It would become expensive.  You'd be paying for 3 visas in the end.  But the K1 is generally for people who can't get a B2 or other visa in time.  If you already filed the K1 then the B2 is not workable.