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JenAndKatie

Once a K-1 visa is received, does foreign fiancee have to use it if entering to visit?

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I received my NOA2 yesterday for my fiancee who lives in the UK. It is good through August 16th, 2015. From reading some other posts, it seems like she will most likely get her consulate interview within this period of time. We didn't realize this would go as quickly as it has and my fiancee has already booked a trip to visit here in August for my family's yearly beach vacation. My question is, if she gets approved for the K-1 before the date of this vacation (August 1-10) is she obligated to use it to enter the U.S.? I know the K-1 visa is good for 6 months, so we were hoping to have a visit and then she would subsequently come here for good prior to the 6 month expiration date.

Thanks for your help!

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Its a frequently asked question here.

Generally once the k1 is granted you can no longer use ESTA - your k1 will be activated when you next enter the US, and from there you have 90 day to get married.

So best option - enter prior to august, enjoy the vacation, and arrange the wedding for right after that.


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAP and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017

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Or you could stall your visa application at the embassy. You'd more than likely pass the NOA2 expiration, but that's a quick fix at London, just a new fiance letter of intent restating that you're free and legal to marry. You'd probably be best to do some things in order to show the Embassy that you're still pursuing it-DS-160 and medical stretched out over time. And then just before heading back to the UK submitting your readiness form.

But since it's only late April, you still have 3 months-you could have the whole process done.

Edited by chrismorrison

-Christopher (P/USC)

Removal of Conditions Timeline

  • 11 SEPTEMBER 2017 (MONDAY) - FILE I-751 TO CALIFORNIA SERVICE CENTER

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The K1 visa will be activated as soon as she enters for the first time after receipt of visa and cannot be re-used. You might be able to stall the process but not sure if that long is possible - check what the current time between NOA2 and visa in hand is for London embassy. Maybe it would be worth it to get in touch with the embassy once they have received the file and see if you can push your interview until after the vacation (or if it would be possible to keep your - hopefully approved - file on hold until after the vacation and then send in the passport when returned to get the visa into it).

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I received my NOA2 yesterday for my fiancee who lives in the UK. It is good through August 16th, 2015. From reading some other posts, it seems like she will most likely get her consulate interview within this period of time. We didn't realize this would go as quickly as it has and my fiancee has already booked a trip to visit here in August for my family's yearly beach vacation. My question is, if she gets approved for the K-1 before the date of this vacation (August 1-10) is she obligated to use it to enter the U.S.? I know the K-1 visa is good for 6 months, so we were hoping to have a visit and then she would subsequently come here for good prior to the 6 month expiration date.

Thanks for your help!

If the K-1 visa is in the passport, it will be used upon entry to the US.

Your best option is to delay the interview until after the Aug vacation. The NOA2 can be extended for up to one year so don't worry about the Aug 16 expiration date.

Edited by Zedayn

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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