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Business visa vs fiancée visa to enter us for visit?

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Sister of a friend has fiancée in Europe who has his consulate interview next week. They set a wedding date for August but he wants to come here for 3 months the week after his interview (March). I reminded her that the k1 is a single entry visa and that won't work if they are getting married in August. She then says he has a visitor visa and will use that instead.

Can he tell CBP on arrival at LAX in March which visa he wants to use for that entry or do they decide for him....ie could he potentially be screwed for an August wedding if CBP decides to activate the K1 on entry in March? Does he have any say in it at all?


OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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It is possible his tourist visa will be cancelled at the time of the interview.

I've only seen people being able to enter as tourists after a K-1 issuance if they are Canadian crossing at a land border

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Once he get k1 visa all others visas are canceled.

So if he go to usa with the k1 stamped on his passport he will using his k1, he cant go back home unleast that he doesnt want marry her.

Anyway if his interview is next week and he is approved he has 6 months to enter to usa.

So he can wait to enter to usa ntil june or july in that way he can marry on august.

But if he enter on april then he needs to get marry on july.

The 90 days to get marry start when he enter to usa.

His visitor visa will be canceled once he get k1.

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As already stated here.... NO, he can't do that.

Once the Consulate issues the K-1 visa, all other exisiting visas are automatically

cancelled in their system. Even if you have visas in your passport, they will no longer

be valid. Period.

So, after his interview (which, in Europe, usually means after approval/issuance) if

he goes to visit the U.S., they will **automatically** use the K-1 visa- see above why.

The CBP officer has no control over (or say in) that.

Since "using" the K-1 means it's automatically cancelled ("used up"), he'd have to

marry within 90 days of that date. Probably not what he wants, given the set date

in August...

Good luck on the interview, let's hope it works out!


SEP-1994 First met! 12-16-14 POE PHILADELPHIA

05-25-14 Engaged (what took us so looooong!!!?) 12-19-14 MARRIAGE (SIMPLE)

06-19-14 I-129F packet sent to Lewisville Lockbox (USPS overnight) 01-05-15 I-485 (AOS/EAD/AP) package mailed out

06-20-14 USPS messed up, and had to re-route! 01-12-15 NOA text/email received for AOS/EAD/AP

06-23-14 I-129F packet received at Lockbox 02-03-15 Biometrics (Indianapolis)

06-23-14 NOA1 Notice Date (routed to CSC, yay!) 04-07-15 EAD and AP approved, card ordered

06-25-14 NOA1 text/email received 04-14-15 EAD/AP Combo Card received by certified mail.

06-26-14 Check Cashed 06-15-15 Received letter about interview waiver. 6mo to go!

06-27-14 Alien Registration Number changed 08-06-15 Welcome Notice mailed, permanent status registered.

06-30-14 NOA1 hardcopy received 08-14-15 Green Card mailed to me.

09-24-14 NOA2 text/email received *APPROVED* 08-18-15 Green Card (which is green!) in hand!!

09-28-14 NOA2 hardcopy received

10-15-14 NVC received 05-17-17 Time to start ROC !

10-16-14 NVC case number assigned

10-21-14 NVC left (to Amsterdam Consulate)

10-23-14 Consulate Received

10-25-14 PACKET-3 Received (regular mail)

10-25-14 Online DS-160 submitted **** I am the Beneficiary (Fred) ****

10-27-14 Sent reply to Consulate (arrives 10-28)

10-29-14 Touched *** If you have questions about the K-1 journey coming

11-01-14 PACKET-4 Received (regular mail) *** from The Netherlands, send me a message !

11-26-14 MEDICAL *PASSED*

12-04-14 INTERVIEW *APPROVED*

12-06-14 Touched (Administrative Processing)

12-08-14 Touched (Ready)

12-09-14 Touched (Issued)

12-10-14 Received email that package was sent off

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Thanks...that's exactly what I told her but she said he asked at the embassy and they said he would be able to use his business visa! I told her that CBP is a different entity than the consulate and ultimately who determines entry to he US. Hope she listens, otherwise they will get a nasty surprise!


OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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He should postpone his interview and go visit. Then get the K1 visa when he returns.

Or postpone his visit until the planned wedding fits the 90 day schedule. May?


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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