K-1 will cancel my girlfriends current 10 year B-2 visa?

[Sarah&Facundo 599]

15 minutes ago, elkski said:

do you mean can not leave and re-enter? Just have to hope no family emergency.  Thai families are close. I  hate to even  imagine this scenario .

Between entering on the K1 and receiving AP (at least 5-7 months FROM FILING), the beneficiary can not leave (unless they intend on not returning). My husband arrived in March and did not have AP with the ability to leave or work until September. This was in 2018, so I think the wait is a bit longer now in 2020 from what I have read. I agree that it is not ideal. My husband is extremely close to his family and has aging parents and was worried too. It was very painful for him to be away. We just had to hope for the best. Fortunately, nothing bad happened and we went to his home as soon as AP was received. We are fortunate to be in the financial position to do that, as many aren't since the beneficiary can not work for many months and the sponsor needs to support everything. It is definitely a draw back of the K1 visa option, as opposed to doing the CR1. 

[Mike E 11,742]

7 hours ago, elkski said:

do you mean can not leave and re-enter? Just have to hope no family emergency.  Thai families are close. I  hate to even  imagine this scenario .

For certain family emergencies an emergency Advance Parole document can be issued.

 

That said, I would have done everything in my power to keep my wife in the USA before she got AP, regardless of the emergency in her country of birth. 

[guitardaniel 0]

Thank you for some information about if a K-1 visa "Application" will cancel my girlfriends current 10 year B-2 visa. 

From a couple responses I got on the Thread Topic it sounds like it will NOT cancel it by just applying, but it WILL cancel it if it gets approved.

SO - All I can conclude so far is since my sweetie already has a visa in good standing, it is better for us to use her current visa as needed and possibly get married this June in America.
At which time we can take further steps as needed... following the guides for Spousal permanent residence, etc.

I will open another thread for clarity on those steps - if needed, and unsubscribe to this hijacked thread.

 

[carmel34 3,651]

On 2/21/2020 at 3:19 AM, guitardaniel said:

All I can conclude so far is since my sweetie already has a visa in good standing, it is better for us to use her current visa as needed and possibly get married this June in America.
At which time we can take further steps as needed... following the guides for Spousal permanent residence, etc.

Keep in mind that she can enter with her B visa and get married (if allowed entry by CBP at the US POE), but will have to return to her home country to wait out the CR-1 visa process, do an interview abroad, etc., as entering the US on a tourist visa with the intention to get married and then stay and file for adjustment of status is visa fraud and could lead to serious negative consequences down the road.

[guitardaniel 0]

10 minutes ago, carmel34 said:

Keep in mind that she can enter with her B visa and get married (if allowed entry by CBP at the US POE), but will have to return to her home country to wait out the CR-1 visa process, do an interview abroad, etc., as entering the US on a tourist visa with the intention to get married and then stay and file for adjustment of status is visa fraud and could lead to serious negative consequences down the road.

Yes thank you. that is my understanding as well. unfortunately she has another friend telling her otherwise... 

 

Which is why I wanted to have started the K-1 process and not burn 6 months doing nothing until her next visit in June.

I am going to Honduras in April. A K-1 could have been in the works by now... and been on the back burner cooking this whole time...

But the fried brought in confusion telling her she already had a visa....

So I decided it is not worth it.. trying to communicate about it.. when someone is already in fear about losing their valid b2 visa, understandably... she uses it to come see her mom, brother etc.

 

That leaves us April to try and talk about it in person.. otherwise June we potentially get married here in the U.S. and start the CR-1 process (breaking the bad news to her that she will still have to return to Honduras)....which her friend is confusing her/ and this process for me saying she won't.. that she will only need to go get the other forms done etc....

I know otherwise, but I don't want to see anyone stress over it.. so we will lose time.