I was just approved k-1 visa but I need help

[Lelyze 49]

It is legal, and it is procedure, they cancelled my 10 year tourist visa too. Don't worry, just apply for AOS and AP as soon as possible and you will be able to travel again

[Ksenia1985 37]

That is interesting to read, because I have a different situation. CO wanted to cancel my visa once he approved my K-1 and he already had a big stamp in his hand to put on my B-2 at the time saying: I'm going to go ahead and cancel your tourist visa and then he suddenly stopped and said... you know what, I will think about it, cuz K-1 is a non-immigrant visa and just in case something will not work out with your fiance you can still visit your former host family ( I am a former exchange student) since your visa is still valid for a long time. Just make sure you enter the country on K-1.

I still thought he will put the stamp on my visa later, but I received my passport yesterday and no stamps.

[yuna628 9,528]

That is interesting to read, because I have a different situation. CO wanted to cancel my visa once he approved my K-1 and he already had a big stamp in his hand to put on my B-2 at the time saying: I'm going to go ahead and cancel your tourist visa and then he suddenly stopped and said... you know what, I will think about it, cuz K-1 is a non-immigrant visa and just in case something will not work out with your fiance you can still visit your former host family ( I am a former exchange student) since your visa is still valid for a long time. Just make sure you enter the country on K-1.

I still thought he will put the stamp on my visa later, but I received my passport yesterday and no stamps.

Well that doesn't matter too much, because you cannot use/have both at the same time, once you enter the US on the K-1 that's it. The visit visa is essentially void.

[Ksenia1985 37]

Well that doesn't matter too much, because you cannot use/have both at the same time, once you enter the US on the K-1 that's it. The visit visa is essentially void.

That's not the point of my post. Just giving a real example to those who are interested. Besides it becomes void when I adjust status, not when I enter according to CO.

[Villanelle 4,121]

ugh fizzle fazzle. Im simply stuttering here with my foot in my mouth here. (That was me on page one back there- making a clarification here for those interested)

I rarely venture into the process and procedure section of the forums and this is a reminder why- the technical and legal jargon--- its not my thing...

I understand all the laws and have no trouble reading the adjudicator manuals and the bulletins and the briefs- I just find the wording to be so so so incredibly painful. Its like mumbo jumbo and repeat double negatives that contradict themselves sometimes. It makes you wonder if they intentional write it so as a joke (?)

But this is really a case of- everyone is right in a different way because its so complex various laws apply depending on how you view it.

SO for clarification: and please note I am using plain old English terms here- they may not be the correct immigration terms found in the law. If anyone up on their high horse passing by would like to pause and post the correct terminology- feel free to, otherwise, continue on by. This is just a basic explanation for clarity purposes only.

You can technically have more then one visa active. Active meaning valid. Each visa class has their own rules for obtaining and their own periods of expiration and their own rules for use. It is up to you (the visa holder) to use them as intended. You can have a valid tourist visa and a valid business visa if by some chance you had applied for and been approved for both at different times and they overlapped.

On the page before I said' (snip)he took away her B and did not explain you can not legally hold both at the same time.'

This is true and not true. You can physically have the B and the K active at the same time. The K visa is unique. We all know this. It is a one time use visa. One way only. It is valid for six months from the date of issue.

If you have a valid B visa at the time your K is issued, you can visit before you travel on the K if you are so inclined. You could go and visit for 3 months and then return home before flying back out again on the K permanently.But who has that kind of money and who would really want to? Most people get the K and cant wait to go once and for all. They dont get it and say--hmmm one more vacation trip and then Ill move.

But as I said the K visa is unique. Once you use it and are in the US you are to marry with in 90 days and file for AOS. If you leave the US you are considered to have abandoned it.

So the presumption is: Once you activate the K visa by using it, you will be filing AOS with in the next 90 days. By filing AOS you are requesting USCIS to give you a GC. They will then cancel out any other visas you have. You can not legally hold the GC and visas.

So the assumption is- if you take the K you are on the path to the card and you are giving up all your other visas.

Most COs will cancel out your other visas because of said assumption and because well- a huge percentage of people are sloppy and clueless about the immigration procedure in general. They blindly take whatever paper is given to them and hand over their passport to whomever is asking and assume the person knows why they are there and will stamp it according.

Well, big surprise, it doesnt work that way. No one is responsible for you but you. How many people have posted on this board about immigration issues through out the years? When they use to hand out I94 that the immigrant didnt get one, or missing a stamp or the dreaded my fiance opened the gosh darn packet even though it stated right on it do not open this packet... People missing medical forms or giving it to the customs man by mistake and not getting it back, or the airlines stewardess with the declarations form. Sad truth is no one knows about you and no one cares...

So I freely admit I took a leap of words there with the whole 'holding a K1' vs actually using it. Technically you can hold them both, but once you 'use it/file AOS' you cant have them both. And really now? Who just gets the K1 and holds on to it?

Anyways...

The CO advised the poster above to make sure he travels on his K and not the B because he didnt cancel it (as a favor). I personally do not see it as a favor but a huge potential mistake waiting to happen if he is not careful. What a horror story waiting to happen if he accidentally does not get 'stamped through' on the K.

And then oh geez, if he applies for AP and travels on it and somehow in the flurry of activity at the airport they admit him back in on his B and not his AP. What happens then? A huge mess- thats what.

(the advantage to the CO not taking it? Besides the crazy potential travel scenario above-The other advantage is like he said, if you do come to the US and it doesnt work out you can return home before your AOS is complete and still have your B, because the chances of getting a B again would be slim for someone who just moved back with no ties.)

For the poster this is in regards to- for me personally it seems as if the CO did not have a very optimistic view of your future relationship to do such a thing. (sorry) Perhaps because you are young? He did approve your petition though, so thats good news. I would advise, and you can disregard this if you want, but I would advise as I dont recall who the member was but someone had recommended getting a recycle type bin and designating it the ROC BOX. Toss in every so often something. Junk mail, photos, letters, anything that can be proof for later on, as he may have tagged your file. K1s have a 50/50 shot at interview. You may get one.. Having a ROC BOX that you started when you arrived will make it far less stressful.

[Ksenia1985 37]

For the poster this is in regards to- for me personally it seems as if the CO did not have a very optimistic view of your future relationship to do such a thing. (sorry) Perhaps because you are young? He did approve your petition though, so thats good news. I would advise, and you can disregard this if you want, but I would advise as I dont recall who the member was but someone had recommended getting a recycle type bin and designating it the ROC BOX. Toss in every so often something. Junk mail, photos, letters, anything that can be proof for later on, as he may have tagged your file. K1s have a 50/50 shot at interview. You may get one.. Having a ROC BOX that you started when you arrived will make it far less stressful.

Hello, Damara

Thank you for taking your time and writing all of this. I do believe your post will be very helpful to many if they read and comprehend this, because just like you mentioned a lot of people get so carried away with happiness that they do silly things at the airport or later. And I can't agree with you more that it is a person's responsibility to make sure he/she is admitted on the right type of visa in this case.

By the way I am a she

I would like to offer you another perspective on the CO's decision however: A lot of couples don't make it to wedding and (wow, a big surprise) not only the international ones. The only reason he mentioned the "just in case" is because I did have the valid visitor's visa. I didn't need the "favor" and I was completely convinced he would cancel it. I do appreciate your concern and advice though. Since you based your advice on no information about our relationships I will add that there's nothing that could possibly suggest we don't have an optimistic future and I can go into details if you want, but just like you said above no one cares.

I appreciate your time and attention.

[baron555 934]

Thank you guys for replying!!! I understand I don't need cause I will live in United States, but I have a truthful relationship with my future husband

Great, that's why the K-1 is for couples that have a legitimate relationship and are fully ready to commit......it is not a 'let's get to know each other" visa.

and I know there is always a chance it might not work and if it doesn't work with my husband I will have to come back to my country and I will have to do visitor visa all over again, even if I live with my husband and everything goes well,

Yep.

I just felt it was my visa and they shouldn't take it away until I actually get my status change, that's all

Nope, it's a privledge not a right.

[jan22 2,898]

Sorry you got a rude officer, as the US tax payer, pays them! with him working at the embassy. Not USCIS, which is "supposed to be" self sufficient.,.,.,which I doubt! Hahaha, they do not approve enough petitions, at TSC to make any money!

No worries, you have a K-1, and is the thing you seek, and I hope the rest of your journey goes well.

Congrats, and welcome to the USA! I hope you are happy.

I'm sorry you got a rude officer, too, but want to clarify something. Visa services are also funded by visa fees paid by the applicant and not the US taxpayer -- been that way for quite a few years. Like USCIS, that allowed visa operations to continue when the government shut down during the budget crisis. No appropriated funds (i.e., taxpayers money) goes to support visa operations. Doesn't mean that the officers should be rude, of course!