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vistawateraz

Can I file a I-539 when I have a K1 application in process (not approved, just in process)?

By vistawateraz in K-1 Fiance(e) Visa Process & Procedures

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vistawateraz Contributor

vistawateraz   28

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Filed: K-1 Visa Country: South Africa
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I applied for a K1 Visa for my fiance back in April 2018.  Her current B2 visa stay (6 months) will end in August.  I want to apply for an extension so we can be together until her consulate interview back in her home country.  Question 3 on the I-539 asks " Are you, or any other person included on the application, an applicant for an immigrant visa?".  Do I answer yes to this question?  Or is a K1 a non immigrant visa?

 

Thanks!

Dan

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Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
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I'd answer yes. 

 

Also be careful with extension.  If denied your fiance will acquire illegal presence and if she stays illegaly too long she will get a 3 year ban. And her K1 will be useless. ;)

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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