Does canceling K1 affecting visiting on B1/B2?

[fz95 0]

Hi Everyone,

 

I have read many similar threads, but I feel our situation is just slightly different...

 

I am a US Citizen, living in the US. Girlfriend has B1/B2 and has visited the US a few times.  I applied for K1. Just a few days ago got I-797 NOA approval and that the next step is with NVC. We have not received anything from the consulate yet and she has her passport.

 

Now the reality has kicked in that she can't avoid travel for 7 months if we marry on K1. So we are considering withdrawing K1 by sending a letter to the consulate/embassy, then have her visit the US on B1/B2, marry in the US, she returns to her country and we apply for C1. Based on everything I have read here this should be fine and we are ok going to the back of the line.

 

I have two questions:

1. Are there any issues with the steps we are planning to take?

2. Is she now at a bigger risk of being denied entry to the US on her B1/B2? Her visa doesn't expire for many years.

 

Much thanks

F.

[NandV 87]

Marry first and then withdraw the K1. You're so far in the process already. I don't think that this is illegal since she is planning on going back home. #2, not sure

[powerpuff 6,747]

Yes, they might scrutinize her more because they know she has an immigrant intent (K-1). She will need to show strong ties to her country (employment, etc.). Be prepared for that. 

[Greenbaum 12,259]

8 hours ago, fz95 said:

Hi Everyone,

 

I have read many similar threads, but I feel our situation is just slightly different...

 

I am a US Citizen, living in the US. Girlfriend has B1/B2 and has visited the US a few times.  I applied for K1. Just a few days ago got I-797 NOA approval and that the next step is with NVC. We have not received anything from the consulate yet and she has her passport.

 

Now the reality has kicked in that she can't avoid travel for 7 months if we marry on K1. So we are considering withdrawing K1 by sending a letter to the consulate/embassy, then have her visit the US on B1/B2, marry in the US, she returns to her country and we apply for C1. Based on everything I have read here this should be fine and we are ok going to the back of the line.

 

I have two questions:

1. Are there any issues with the steps we are planning to take?

2. Is she now at a bigger risk of being denied entry to the US on her B1/B2? Her visa doesn't expire for many years.

 

Much thanks

F.

 

 

The best way is to travel on the B1/B2 and in the likelihood that you marry than she returns to her country and you file a CR-1/IR-1. Much faster and the two caveats is that she will have a GC and SSN shortly after arriving with the CR-1/IR-1 visa. A K-1 right now are waiting up to a year for employment authorization and not able to get an SSN because the SS offices are not taking in person meetings. Last benefit of the CR-1/IR-1 is that it is less expensive than the K-1.

 

Edited January 16, 2021 by Greenbaum