K-1 visa advice

[AudiS4 3]

So I have applied for K1 visa with my Fiance'. She is Vietnamese but lives in Warsaw Poland and just came to visit me here in the states. She has a B1 visa to visit but expires end of this month. Can she renew it even though we have started the K1 visa? She wants to come in August again and I am visiting her in June. I just want to make sure she can get it and it will not cause issues with K1. Plus don't want to lose 160 dollars if they deny her because of the K1 process. We just got the NOA1 the 10th of May. So it just started.  Any help would be appreciated.

 

Thanks,

Doug

[Roel 7,193]

Honestly no one will be able to tell you if she'll be able to renew her visa or not.  Her chances are surely lower because of pending K1 visa, but it's not impossible.

[Crazy Cat 42,298]

It is possible to renew it, it will be her responsibility to answer all questions truthfully.  It will, of course, be the discretion of the consulate officer.  Her immigrant intent will be a factor.

[AudiS4 3]

Ok I wasn't sure if anyone else had any luck with it. She has been to states two times with this Visa. She never stayed always went back. She has a good job and all that. Just was curious if I should try?

 

[Crazy Cat 42,298]

1 minute ago, AudiS4 said:

Ok I wasn't sure if anyone else had any luck with it. She has been to states two times with this Visa. She never stayed always went back. She has a good job and all that. Just was curious if I should try?

 

Since approval of B2 visas surrounds the applicant's ties to his/her country, the K-1 will of course be a huge factor.......some people have had success, while others have not.......the only risk is the $160.........no risk to the K-1 itself.

[JFH 12,191]

1 hour ago, AudiS4 said:

She has a good job and all that. 

 

But she has a pending K-1 which means she is packing in her “good job” and has no intention of staying in that job. For the consular officer, the question in his mind to her will be “if you plan to leave the job anyway, what makes me certain that you won’t do it now and overstay the visitor visa?”

 

The only way to know for sure if she will be granted another visa is to pay $160 and apply. But you might want to save that money and the cost of the flight for the period of time when she cannot work and for your AOS fees. Many people who previously had good jobs in their homelands struggle during that stage of the process due to the sudden loss of a good income and the lifestyle that it brings. 

[AudiS4 3]

Sorry for delaying my reply but yes we are waiting it out and I will just visit her. Safest thing to do. Last thing I want is to have her fly over and get turned around. 

[Gomast 65]

Here is a likely scenario: 

She will apply for a b-2, gets denied because she already has an intent to immigrate. She waits in her home country 6-9 months for k-1 interview, she will be asked about the denial, but it’s not a deal breaker. 

While it’s not a terrible scenario, and there is some chance that the b-2 will be approved, it’s not worth the risk of being questioned about a possible denial.