Do K1 rules apply to other current Visas?

[LarryHickman 181]

Just curious looking down the road, my fiancé and I do not at the moment have a need to leave the United States after she gets here to the US on a K1 visa we know you have to wait for a green card or do advanced parole however she does have a valid/current B2 visa  and she just visited me but went back to her home country until we get approved K1......my question is after she gets here on the K1 does it limit her/us going back to her home country or us going on a honeymoon out of the USA before green card or advanced parole?  Does the K1 somehow supersede a current B2 visa where you can come and go as long as you don’t over stay? I only ask out of curiosity, thanks.

 

 

[Cyberfx1024 7,980]

4 minutes ago, LarryHickman said:

Just curious looking down the road, my fiancé and I do not at the moment have a need to leave the United States after she gets here to the US on a K1 visa we know you have to wait for a green card or do advanced parole however she does have a valid/current B2 visa  and she just visited me but went back to her home country until we get approved K1......my question is after she gets here on the K1 does it limit her/us going back to her home country or us going on a honeymoon out of the USA before green card or advanced parole?  Does the K1 somehow supersede a current B2 visa where you can come and go as long as you don’t over stay? I only ask out of curiosity, thanks.

 

 

This is in fact a very common question here on VJ. Yes K1 does in fact supersede any other type of visa that you may have for the USA. So if you get a K1 visa then your tourist visa is null and void at this point, and once in the country she can not leave until she has the Green Card or the Advance Parole. So you would have to do the Honeymoon somewhere in the USA. 

[Ben&Zian 4,398]

5 minutes ago, LarryHickman said:

Just curious looking down the road, my fiancé and I do not at the moment have a need to leave the United States after she gets here to the US on a K1 visa we know you have to wait for a green card or do advanced parole however she does have a valid/current B2 visa  and she just visited me but went back to her home country until we get approved K1......my question is after she gets here on the K1 does it limit her/us going back to her home country or us going on a honeymoon out of the USA before green card or advanced parole?  Does the K1 somehow supersede a current B2 visa where you can come and go as long as you don’t over stay? I only ask out of curiosity, thanks.

 

 

 

K-1 over rides the B2. Upon receiving the K-1 visa, or at entry into the US using the K-1 the B2 should be voided/canceled.

[LarryHickman 181]

5 minutes ago, Cyberfx1024 said:

This is in fact a very common question here on VJ. Yes K1 does in fact supersede any other type of visa that you may have for the USA. So if you get a K1 visa then your tourist visa is null and void at this point, and once in the country she can not leave until she has the Green Card or the Advance Parole. So you would have to do the Honeymoon somewhere in the USA. 

Thank you I didn’t see an answer to this so I wanted to ask.

[LarryHickman 181]

6 minutes ago, Ben&Zian said:

 

K-1 over rides the B2. Upon receiving the K-1 visa, or at entry into the US using the K-1 the B2 should be voided/canceled.

Thanks 

[Cyberfx1024 7,980]

2 minutes ago, LarryHickman said:

Thank you I didn’t see an answer to this so I wanted to ask.

Not a problem sir and I am happy to help. It is good that you are finding out what is the process before you found out the hard way. 

[LarryHickman 181]

Just now, Cyberfx1024 said:

Not a problem sir and I am happy to help. It is good that you are finding out what is the process before you found out the hard way. 

lol, yeah that would ruin my day for sure!

[geowrian 22,337]

SOP is to cancel other non-immigrant visas when they issue the K-1.

Even if they didn't do so for some reason, she would almost certainly have the K-1 used upon her first entry into the US with it in her passport. The K-1 is single-use, so she wouldn't be able to re-enter with intent to stay anyway.

Once you marry, you cannot enter on a K-1 anyway, so there's no way to marry and take a honeymoon and then come back to the US with intent to stay (barring getting a CR-1 visa abroad...ETA: another 12-16 months).

 

tldr: Enter on the K-1, marry, file for AOS + AP + EAD, then wait until you receive AP to leave the US.

[LarryHickman 181]

4 minutes ago, geowrian said:

SOP is to cancel other non-immigrant visas when they issue the K-1.

Even if they didn't do so for some reason, she would almost certainly have the K-1 used upon her first entry into the US with it in her passport. The K-1 is single-use, so she wouldn't be able to re-enter with intent to stay anyway.

Once you marry, you cannot enter on a K-1 anyway, so there's no way to marry and take a honeymoon and then come back to the US with intent to stay (barring getting a CR-1 visa abroad...ETA: another 12-16 months).

 

tldr: Enter on the K-1, marry, file for AOS + AP + EAD, then wait until you receive AP to leave the US.

Thanks, I didn’t see an answer to this anywhere officially and I glad my buds here on VJ can help out!

[TM92 527]

14 minutes ago, LarryHickman said:

Thank you I didn’t see an answer to this so I wanted to ask.

Since your K-1 has already been pending for 2.5 months it is highly recommended to stick with the K-1 and honeymoon in the US (or postpone honeymoon abroad until she has received AP). But if you had asked this question before filing the K-1 I would have mentioned the following:

The marriage for the CR-1 can take place anywhere (US, Bolivia, or somewhere else). Your fiancé can enter the US with a tourist visa in order to marry you and then return to her country to initiate the CR-1 process. This route also provides more honeymoon options. Check out thread below:

 

[LarryHickman 181]

6 minutes ago, TM92 said:

Since your K-1 has already been pending for 2.5 months it is highly recommended to stick with the K-1 and honeymoon in the US (or postpone honeymoon abroad until she has received AP).

 

We will definitely stick with the K1 thanks for your reply.

[T_P 872]

Even not being capital case I think it applies to this one. Just keep in mind.

 

"One of the cardinal rules of writing online, whether in an email or instant message or on an online forum or social networking website, is to never use all capital letters in your posts or messages. This is known as writing in ALL CAPS. If you make this mistake, you may quickly be told to stop shouting or be booted out of a game or forum. Even though writing in all caps attracts the attention of the reader, that attention is often accompanied by annoyance, which is probably not the effect you intended and rarely desirable." https://www.lifewire.com/why-not-to-write-in-all-caps-1173242

[LarryHickman 181]

5 hours ago, T_P said:

Even not being capital case I think it applies to this one. Just keep in mind.

 

"One of the cardinal rules of writing online, whether in an email or instant message or on an online forum or social networking website, is to never use all capital letters in your posts or messages. This is known as writing in ALL CAPS. If you make this mistake, you may quickly be told to stop shouting or be booted out of a game or forum. Even though writing in all caps attracts the attention of the reader, that attention is often accompanied by annoyance, which is probably not the effect you intended and rarely desirable." https://www.lifewire.com/why-not-to-write-in-all-caps-1173242

Sorry about that didn’t notice it was gonna be big characters as I used my cell not my normal laptop....not sure why it came out like that:P anyway thanks

[Diane and Chris 651]

4 hours ago, LarryHickman said:

Sorry about that didn’t notice it was gonna be big characters as I used my cell not my normal laptop....not sure why it came out like that:P anyway thanks

I didn’t see it as yelling. It was a simple mistake that you didn’t even realize was happening.  No worries. Take care.