K-1 fiance can enter on a B-2 visa?? anyone heard of this?

[jess100 53]

I just read this under the heading of K-1 visas

Note: if the alien can establish the existence of a residence abroad to which he or she intends to return after the wedding, the alien may enter the United States as a B-2 visitor for pleasure. In such a case, the alien may leave the United States after the wedding and apply abroad for an immigrant visa as a spouse rather than as a fiance(e).

It was written in 2011 in an online article "K Status for Fiances and Spouses of United States Citizens" Written by Henry J. Chang

http://www.americanlaw.com/fiance.html

Has anyone ever heard of this? Would the spouse visa process start all over from the beginning, and take another year? If so, might it still be faster (but more expensive) as far as getting adjustment of status, etc. ? That is we would not have to go through all of this again in 2 years. Anyone have any information or experience with this?

[Pitaya 2,576]

~Moved from K1 Process to Working & Traveling During US Immigration~

~Inquiry about post K1 international travel~

[Georgia16 2,858]

I just read this under the heading of K-1 visas

Note: if the alien can establish the existence of a residence abroad to which he or she intends to return after the wedding, the alien may enter the United States as a B-2 visitor for pleasure. In such a case, the alien may leave the United States after the wedding and apply abroad for an immigrant visa as a spouse rather than as a fiance(e).

It was written in 2011 in an online article "K Status for Fiances and Spouses of United States Citizens" Written by Henry J. Chang

http://www.americanlaw.com/fiance.html

Has anyone ever heard of this? Would the spouse visa process start all over from the beginning, and take another year? If so, might it still be faster (but more expensive) as far as getting adjustment of status, etc. ? That is we would not have to go through all of this again in 2 years. Anyone have any information or experience with this?

Once the K-1 is in the passport they will cancel the B-2 visa. The other thing is YES he/she can always leave the country it's the getting back in there will be a problem. Search the forum there have recently be post about this too.

If she/he leaves before he/she got the AP card they will not be allowed back in and then yes you'll have to start a spousal visa CR-1 and it takes about a year to get.

Don't understand you last questions. Spouse visa again?? K-1 is not spouse visa it's a Fiancé visa. CR-1/IR-1 is spouse visa.

If you have been married under two years or doing the AOS from K-1 he/she will get a 2-year conditional green card married more then two years he/she will get the 10-year green card.

[awaywego 28]

One does not need a special visa to marry in the US. If a non-USC fiance(e) has a B2 and is allowed entry to the US, then, sure, the couple can marry in the US and return home for the spousal visa process.

If the couple is in the K-1 process, they would cancel – a married person does not qualify. They would then start the CR-1 process from the beginning. There is no AOS with CR-1, as it is an immigrant visa. However, there is still ROC two years after receiving the conditional green card. (If the immigrant spouse enters after two years of marriage, he/she receives a ten-year green card, which is not conditional, so no ROC.)

Whether continuing with the K-1 or marrying and starting the CR-1 process is a better choice for the two of you depends on your situation. There's a comparison in the Guides section (menu at top of page) that might help.

[dwheels76 5,462]

I just read this under the heading of K-1 visas

Note: if the alien can establish the existence of a residence abroad to which he or she intends to return after the wedding, the alien may enter the United States as a B-2 visitor for pleasure. In such a case, the alien may leave the United States after the wedding and apply abroad for an immigrant visa as a spouse rather than as a fiance(e).

It was written in 2011 in an online article "K Status for Fiances and Spouses of United States Citizens" Written by Henry J. Chang

http://www.americanlaw.com/fiance.html

Has anyone ever heard of this? Would the spouse visa process start all over from the beginning, and take another year? If so, might it still be faster (but more expensive) as far as getting adjustment of status, etc. ? That is we would not have to go through all of this again in 2 years. Anyone have any information or experience with this?

Read the paragraph above what you posted. What it boils down to is any Tourist Visa granted on showing strong ties. Many get denied the B2 because well the Tie is in the US your hunny. Those who can travel usually with not too much issue are those from the VWP or ESTA countries. Getting a B2 with a Fiance' in US is not easy at all.

If you did come to US engaged and decided to marry (this after filing your I-129F) the marriage cancels out the K1 you would need to withdraw and than file a I-130 to get a CR1/IR1 Visa.

The prospective spouse of a U.S. citizen or lawful permanent resident may, however, be classified B-2 visitor in cases where the consular officer is satisfied that the fiance(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:

1. Simply to meet the fiance(e)'s family;
2. To become engaged;
3. To make arrangements for the wedding;
4. To renew a relationship with the prospective spouse; provided the consular officer is satisfied the fiance(e) intends to return to his or her residence abroad.

N11.1-2.--Fiance(e) of Nonimmigrant Alien in the U.S. Fiance(e)s who establish a residence abroad to which they intend to return, and who are otherwise qualified to receive visas, would be eligible for B-2 visas if the purpose of the visit is to marry a nonimmigrant alien in the United States in a valid nonimmigrant F, H, J, L or M status. The consular shall advise the fiance(e) to apply, soon after the marriage, to the nearest office of Immigration and Naturalization Service to request a change in nonimmigrant status to that of the alien spouse.