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K&D2020

no tourist visa or VWP, can he travel on pending K1?

By K&D2020 in K-1 Fiance(e) Visa Process & Procedures

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K&D2020 Apprentice

K&D2020   15

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Filed: K-1 Visa Country: Mexico
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Hi all, I scoured the forum but it seems most answers didn't directly apply since most people already had a B1/B2 tourist visa or Visa waiver when they applied for a K1. So here I go:

 

I want to have my Fiancee visit the USA in April 2020 so he is going to apply for a passport in January, ok so step one is done.  At the same time in January we will be submitting the application for I-129 (K-1) Fiancee visa. I would like to know if he can travel to the USA with a pending K-1 as his visa, aka without having a visa waiver (mexico not eligible) or having a B1/B2 tourist visa of any kind. For example, Does he have to have a visa of some sort since the pending K-1 is not technically a visa because it is not yet approved. FYI, I understand he could still be denied a POE, but he must visit once before we begin this 9 month K-1 journey! (visit USA once at my request not to satisfy the in-person i-129 requirement, the in person has already been satisfied)

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mogiftney
mogiftney

I highly recommend against this and I speak from personal experience here. My fiancée was denied a B2 visa from London (very low risk country compared to others) because she has a US partner (me) and

aaron2020
aaron2020

A denied visitor visa has no bearing on a K-1 visa application.   You don't have to explain a denied visitor visa at the K-1 interview.   No one can give anyone the odds of getting a visitor

SanjaAlex
SanjaAlex

No. He needs a valid visa to enter US, such as visitor visa. Pending K1 doesn't allow entrance. 

aaron2020 Grand Master

aaron2020   11,651

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7 minutes ago, K&D2020 said:

(visit USA once at my request not to satisfy the in-person i-129 requirement, the in person has already been satisfied)

What do you mean by this?  Have you met face to face within the last two years?

 

Applying for a K-1 does not grant any benefits.  He can not travel to the US with a pending K-1 since simply applying grants no benefits.  He has to wait for a K-1 visa to enter the US. 

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K&D2020 Apprentice

K&D2020   15

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Filed: K-1 Visa Country: Mexico
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1 minute ago, aaron2020 said:

What do you mean by this?  Have you met face to face within the last two years?

 

Applying for a K-1 does not grant any benefits.  He can not travel to the US with a pending K-1 since simply applying grants no benefits.  He has to wait for a K-1 visa to enter the US. 

Yes I have traveled there several times, I just want him to visit USA. I guess we will be applying for a B2 in hopes that it gets approved! I hope the B1/B2 visa approval rates are good for Mex-USA travel these days  :(

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payxibka Grand Master

payxibka   10,045

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Just now, K&D2020 said:

Yes I have traveled there several times, I just want him to visit USA. I guess we will be applying for a B2 in hopes that it gets approved! I hope the B1/B2 visa approval rates are good for Mex-USA travel these days  :(

With a pending k1 petition,  it is very difficult to overcome immigrant intent.   

YMMV

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aaron2020 Grand Master

aaron2020   11,651

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2 minutes ago, K&D2020 said:

Yes I have traveled there several times, I just want him to visit USA. I guess we will be applying for a B2 in hopes that it gets approved! I hope the B1/B2 visa approval rates are good for Mex-USA travel these days  :(

Best of luck on the visitor visa.  It's difficult to get one with a pending K-1, but not impossible.  

 

Have you considered marrying in Mexico and doing the CR-1 spousal visa?  

Do you understand that by going the K-1 route, he will need to wait around 6 months for an EAD to legally work and AP to travel internationally without abandoning the entire process?  

 

I am asking because you were really confused about waiting for a K-1 visa before he can travel to the US.  

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K&D2020 Apprentice

K&D2020   15

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Filed: K-1 Visa Country: Mexico
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27 minutes ago, payxibka said:

With a pending k1 petition,  it is very difficult to overcome immigrant intent.   

No we have not applied K1 yet. Maybe he will just apply for the B2 and we will wait on the K1 until later down the line for more funds to pay for the processing, tickets, and possible hiccups.

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debbiedoo Experienced

debbiedoo   2,339

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Filed: AOS (apr) Country: Canada
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no.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Boiler Grand Master

Boiler   44,873

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CR1 sounds the better bet for you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

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1 hour ago, K&D2020 said:

No we have not applied K1 yet. Maybe he will just apply for the B2 and we will wait on the K1 until later down the line for more funds to pay for the processing, tickets, and possible hiccups.

If money is a problem, you need to consider going with the CR-1 spousal visa instead of the K-1 fiance visa.  The K-1 route means he will not be able to work for at least 6 months while waiting for his EAD.  

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FreyandRyan Enthusiast

FreyandRyan   330

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You can try to apply for a separate tourist visa while the K! is pending, but it may be denied. We recently tried and they immediately denied it. 

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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If money is a huge issue then you may want to hold off on immigration for a few years as there are many fees and you can obtain a better job or can increase your savings.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Boiler Grand Master

Boiler   44,873

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She isn't.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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