Applying for B2 Visa while waiting for K1? Advance Parole to leave states while on AOS?

[Dani717 0]

We received our NOA1 a few weeks ago for the K1 visa. Based off current processing times it seems like we won't get an NOA2 until November. I want to get my fiance over to the US before then, and we're thinking about applying for the B2 while waiting for the K1 to process.

 

Going to be honest and forthright in the interview for it- we want to get over to the US on a B2 simply because getting over on a K1 will take way too long, and I want my fiance to be able to meet my family and all that. There's other reasons as well for why we don't want to have to be out of the country for so long. I know it's probably a long shot, but I figured we'd give it a try anyways. Questions we have:

 

1. Has anyone successfully gotten a B2 while waiting for the K1?

2. Would applying for the B2 jeopardize our K1 application? I'm in inclined to think that it wouldn't.

3. Let's say we do miraculously get the B2, then decide to get married in the states while on the B2. What issues would this present?

4. Let's say we wait and come in on the K1, then apply for AOS. The AOS also takes a long time (1 year plus)- would we be able to use the advance parole application to get out of the US to travel/honeymoon?

5. Is it worth it to get an immigration lawyer for all of this?

 

Thank you in advance!!

[Allaboutwaiting 2,503]

1. I've never seen that in the forum.

2. Applying for a B1/B2 does not affect the K1.

3. You can marry but your fiancé/ fiancee must leave. If she stays and adjusts, it's fraud -don't do it-.

4. Yes

5. No

Edited January 25, 2022 by Allaboutwaiting

[Dani717 0]

2 minutes ago, Allaboutwaiting said:

1. I've never seen that in the forum.

2. Applying for a B1/B2 does not affect the K1.

3. You can marry but your fiancé/ fiancee must leave. If she stays and adjysts, it's fraud -don't do it-.

4. Yes

5. No

Hi, thank you for the timely response. So it sounds like there's really no way of getting in sooner using a B2 while waiting for the K1 to process. Tbh my fiance was very unlikely to get a B2 in the first place (they've never left their home country, have minimal ties, etc). We'll try applying for a B2 anyways, but it sounds like the odds are near zero.

 

I am glad to hear though that it is possible to use the advance parole to exit the country while on AOS. Even that takes a long time to process, so we'll probably have to get on that soon.

 

Another question, if you don't mind: Is it possible to apply for advance parole while waiting for the K1 to process? This way, we get the K1 and enter some time in November, get married, apply for AOS, then have the advance parole ready to go to leave whenever we'd like.

 

Thanks again!

[Allaboutwaiting 2,503]

2 minutes ago, Drew991 said:

Hi, thank you for the timely response. So it sounds like there's really no way of getting in sooner using a B2 while waiting for the K1 to process. Tbh my fiance was very unlikely to get a B2 in the first place (they've never left their home country, have minimal ties, etc). We'll try applying for a B2 anyways, but it sounds like the odds are near zero.

 

I am glad to hear though that it is possible to use the advance parole to exit the country while on AOS. Even that takes a long time to process, so we'll probably have to get on that soon.

 

Another question, if you don't mind: Is it possible to apply for advance parole while waiting for the K1 to process? This way, we get the K1 and enter some time in November, get married, apply for AOS, then have the advance parole ready to go to leave whenever we'd like.

 

Thanks again!

No, you file for advance parole along with AOS and it takes 8 months on average. But you can travel within the US with no issue.

If your spouse leaves the country, the process would be considered abandoned and you'd need to start from scratch. 

 

[Dani717 0]

3 minutes ago, Allaboutwaiting said:

No, you file for advance parole along with AOS and it takes 8 months on average. But you can travel within the US with no issue.

If your spouse leaves the country, the process would be considered abandoned and you'd need to start from scratch. 

 

Dang, okay. Yes I'm aware that if we leave during AOS it'll be considered abandoned. We really wanted to get married in the US on the fiance visa and then be able to leave and travel on our honeymoon...but now I'm wondering if it's just better for us to abandon the fiance visa altogether and go for the spousal visa. Our long term plan is live abroad anyway for the next couple years, so maybe that will make more sense. I'm guessing we did get married and just applied for the CR1, it wouldn't have any effect on the K1?

 

Thank you again!

[Allaboutwaiting 2,503]

5 minutes ago, Drew991 said:

Dang, okay. Yes I'm aware that if we leave during AOS it'll be considered abandoned. We really wanted to get married in the US on the fiance visa and then be able to leave and travel on our honeymoon...but now I'm wondering if it's just better for us to abandon the fiance visa altogether and go for the spousal visa. Our long term plan is live abroad anyway for the next couple years, so maybe that will make more sense. I'm guessing we did get married and just applied for the CR1, it wouldn't have any effect on the K1?

 

Thank you again!

You can withdraw the K1, get married and file for the CR1. 

[Boiler 45,356]

Why are you going through the immigrant process if you do not intend to live in the US?

[Redro 4,611]

38 minutes ago, Drew991 said:

Dang, okay. Yes I'm aware that if we leave during AOS it'll be considered abandoned. We really wanted to get married in the US on the fiance visa and then be able to leave and travel on our honeymoon...but now I'm wondering if it's just better for us to abandon the fiance visa altogether and go for the spousal visa. Our long term plan is live abroad anyway for the next couple years, so maybe that will make more sense. I'm guessing we did get married and just applied for the CR1, it wouldn't have any effect on the K1?

 

Thank you again!

Your partner is applying for an immigration benefit. 

When they arrive in the US, they need to LIVE in the US. 

They can leave the country for 6 months or so at a time OR apply for permission to leave the country for up to 2 years once they receive the green card.

But, be advised if they receive a 2 year GC they need to remove conditions after living in the US as a resident after 2 years. 

I wouldn't pursue a fiance visa. It doesn't sound like this suits your plans. Get married in their country OR in a third country and travel and live abroad until you are ready to settle down in the US. 

[SalishSea 17,751]

15 hours ago, Drew991 said:

Hi, thank you for the timely response. So it sounds like there's really no way of getting in sooner using a B2 while waiting for the K1 to process. Tbh my fiance was very unlikely to get a B2 in the first place (they've never left their home country, have minimal ties, etc). We'll try applying for a B2 anyways, but it sounds like the odds are near zero.

 

I am glad to hear though that it is possible to use the advance parole to exit the country while on AOS. Even that takes a long time to process, so we'll probably have to get on that soon.

 

Another question, if you don't mind: Is it possible to apply for advance parole while waiting for the K1 to process? This way, we get the K1 and enter some time in November, get married, apply for AOS, then have the advance parole ready to go to leave whenever we'd like.

 

Thanks again!

You cannot use a B-2 as a way to circumvent the wait for a K-1 by entering and adjusting status.  That is immigration fraud.

[SalishSea 17,751]

15 hours ago, Drew991 said:

Dang, okay. Yes I'm aware that if we leave during AOS it'll be considered abandoned. We really wanted to get married in the US on the fiance visa and then be able to leave and travel on our honeymoon...but now I'm wondering if it's just better for us to abandon the fiance visa altogether and go for the spousal visa. Our long term plan is live abroad anyway for the next couple years, so maybe that will make more sense. I'm guessing we did get married and just applied for the CR1, it wouldn't have any effect on the K1?

 

Thank you again!

Sounds like you picked the wrong visa.

 

With the K-1, your partner will not be able to travel or work for at least 8 months after arriving.

[igoyougoduke 1,649]

19 hours ago, Drew991 said:

Dang, okay. Yes I'm aware that if we leave during AOS it'll be considered abandoned. We really wanted to get married in the US on the fiance visa and then be able to leave and travel on our honeymoon...but now I'm wondering if it's just better for us to abandon the fiance visa altogether and go for the spousal visa. Our long term plan is live abroad anyway for the next couple years, so maybe that will make more sense. I'm guessing we did get married and just applied for the CR1, it wouldn't have any effect on the K1?

 

Thank you again!

 

 

No idea why you are even applying when the intention is to live in a foreign country. complete waste of $$$$