Visiting AFTER K-1 is approved

[isaacturner 0]

Hello everyone. First of all Visa Journey has been an amazing resource and has helped me so much through my K-1 visa process. 

 

There is one question that I have not found anywhere.

 

Can my significant other visit me for a week after the K-1 has been approved, without using her K-1 visa?

 

My SO and I are going to file for a K-1 visa in the upcoming weeks. We would like to travel and see each-other about every 5 weeks, just for a week at a time. I have researched how it can be difficult for her to come into the US while the K-1 visa is pending, so I am aware of that situation.

But my question is if she can visit after the K-1 has been approved, without using the K-1 visa. I know it is probably a weird question, but we don't want to start the process of her being stuck in the US while waiting for a green card for a few months, but we would love to get the K-1 approved as soon as possible.

 

Hopefully this makes sense. 

 

I appreciate all of the help.

 

Thanks,

-Isaac

[Naes 12,205]

5 minutes ago, isaacturner said:

Hello everyone. First of all Visa Journey has been an amazing resource and has helped me so much through my K-1 visa process. 

 

There is one question that I have not found anywhere.

 

Can my significant other visit me for a week after the K-1 has been approved, without using her K-1 visa?

 

My SO and I are going to file for a K-1 visa in the upcoming weeks. We would like to travel and see each-other about every 5 weeks, just for a week at a time. I have researched how it can be difficult for her to come into the US while the K-1 visa is pending, so I am aware of that situation.

But my question is if she can visit after the K-1 has been approved, without using the K-1 visa. I know it is probably a weird question, but we don't want to start the process of her being stuck in the US while waiting for a green card for a few months, but we would love to get the K-1 approved as soon as possible.

 

Hopefully this makes sense. 

 

I appreciate all of the help.

 

Thanks,

-Isaac

If you mean the visa k1, no it is not usually because it is a one time visa and the other visas will be cancelled. Everyone is stuck with waiting green card (you can apply for advance parole to get out of US while waiting for gc which takes about 3 months to get)

 

If you mean I-129f (the petition) then yes can travel. It is not hard to travel while the petition is pending, your fiancé needs to have a tourist visa or esta, and have return tickets and documents show her ties to her country.

 

If you want instant travel and work apply to cr1 which ends with getting the green card as the part of the process, and won't have to wait extra for the AOS.

Edited March 20, 2018 by Naes

[KULtoATL 1,551]

Once a K-1 visa is issued, any other US visa that a person has would be cancelled 'without prejudice'. If he/she attempts to enter the US, the CBP officer at the POE would admit the person under the K-1 visa, no negotiation.

[geowrian 22,338]

It's possible they won't cancel the tourist visa when they issue the K-1, but doing so is quite common and what I would expect to occur. I would also expect the CBP officer to use the K-1 upon entry, if they notice it.

 

So is it possible to do your plan? Yes. But it's a longshot by far IMO.

 

For clarity, the rough process is I-129F -> NVC -> embassy -> embassy interview -> visa -> POE. From embassy interview (assuming it is approved on the spot) onward, visiting using a tourist visa should not be expected.

[isaacturner 0]

9 hours ago, geowrian said:

It's possible they won't cancel the tourist visa when they issue the K-1, but doing so is quite common and what I would expect to occur. I would also expect the CBP officer to use the K-1 upon entry, if they notice it.

 

So is it possible to do your plan? Yes. But it's a longshot by far IMO.

 

For clarity, the rough process is I-129F -> NVC -> embassy -> embassy interview -> visa -> POE. From embassy interview (assuming it is approved on the spot) onward, visiting using a tourist visa should not be expected.

Okay. Thanks for all of the responses. It would be through the visa waiver program, so she would have an esta, but I am assuming there is no difference. That it would most likely be cancelled when she gets here.

[geowrian 22,338]

2 hours ago, isaacturner said:

Okay. Thanks for all of the responses. It would be through the visa waiver program, so she would have an esta, but I am assuming there is no difference. That it would most likely be cancelled when she gets here.

Technically, there is a difference here. The biggest difference is that they don't cancel an ESTA when issuing a K-1 visa, whereas they do typically cancel any other non-immigrant visas.

People have been able to enter on an ESTA with a K-1 in their passport, but it's still risky to rely on that...CBP will still likely use the K-1 visa if they notice it in the passport.