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Posted

Hi.

 

I was filling out the K-1 form last couple days, and was speaking to my girlfriend and needed all of her beneficery information.

 

But the conversation got cut short, when she declared that she "spoke to a friend" and found out her current valid B-2 visa would be canceled upon me filing a K-1.

 

Is this true? It does not even make logical sense to me if it is true.

 

She had a 10 year visa before that, all entries/exits in very good standing.

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

Not true.  But every entry is at the discretion of CBP.  So she should always bring proof of her strong  ties to home in case she needs them.  I have read many people on here visiting with no issues.  However, she should be careful that she not visit for too often or stay too long.  I am only telling you what I have read from other on here.  I am sure others will come along with more information.  Good luck with your K1!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Her B-2 (and any other US visas) will be cancelled upon her K-1 being issued. And it's often quite difficult to get a new tourist visa while a K-1 is in process.

 

But her existing B-2 won't be canceled upon you filing a petition.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
6 minutes ago, elkski said:

 Does this mean she wont  be able to leave the USA while waiting for her change of status?

I worry about this. What if someone in my then wife's  family gets gravely ill or worse?

She may leave anytime she wants, but if she wants to return she will need aproved advance parole before her departure to re-enter 

 

One of the shortcomings of a k1

 

 

Edited by payxibka

YMMV

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 hour ago, guitardaniel said:

 

But the conversation got cut short, when she declared that she "spoke to a friend" and found out her current valid B-2 visa would be canceled upon me filing a K-1.

You don't file for a k1, she will later on after the petition is approved 

YMMV

Posted
1 hour ago, elkski said:

 Does this mean she wont  be able to leave the USA while waiting for her change of status?

I worry about this. What if someone in my then wife's  family gets gravely ill or worse?

If she leaves before her AP is approved, she will not be readmitted.  May want to consider spouse visa instead.

Filed: K-1 Visa Country: Thailand
Timeline
Posted

How long does it take to get an AP approved?  We didn't marry last trip  4 weeks ago.  Just sent I129F today.  I guess  we have to hope no family emergencies from time she arrives till gets the change of status.   If you file  right after married how long is this.   

Posted
4 minutes ago, elkski said:

How long does it take to get an AP approved?  We didn't marry last trip  4 weeks ago.  Just sent I129F today.  I guess  we have to hope no family emergencies from time she arrives till gets the change of status.   If you file  right after married how long is this.   

5-7 months currently according to USCIS.

Posted (edited)
20 minutes ago, elkski said:

I just research an I-131 application for advanced parole costs 575$ not sure how long it then takes to get your 1-512 form?   

A CR1 visa is looking good.  

Filing for AP and EAD is currently free when you file concurrently for adjustment of status from a K-1 ($1255).  Like I said, it is taking 5-7 months.

Edited by Jorgedig
Filed: K-1 Visa Country: Thailand
Timeline
Posted

Yes I researched the differences of k1 amd CR1.   It's not a clear cut advantage.   I recall the k1 costs more,   but it's quicker but then green card takes 5 months.  I think k1 is less demanding in liability of support.  It was 7 months between my 5th visit amd this last one.  I thought it important to make sure so I didnt want to put any  pressure on things with a marriage.   Overall it's a terrible  process.   It's sad there is such a backlog.  Could Amazon  take 4 months to look at your order?

Posted
4 minutes ago, elkski said:

green card takes 5 months.

No.  Green card takes much longer.  We waited 15 months for an interview.  5-7 months is the range for JUST the AP/EAD.

 

I suggest you do lots more reading and research.  Not doing so can result in costly mistakes and delays, as you may already be realizing.

Posted
6 minutes ago, elkski said:

I think k1 is less demanding in liability of support. 

I am not sure what you mean by this.  Eligibility to petition/sponsor an immigrant is the same for each.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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