During K3 waiting/decision process

[Confused73 0]

Hello! Thank you for helping me sort my brain out. 

 

1) does my fiancé’s tourist visa become void when we apply for a K3? At any point- except when he gets his “green card” obvisouly. 

2) if not, I’m assuming that if we decide to have a sentimental “wedding” in Mexico, he can leave the country and return with me with no problem? All this while we wait for decisions, or any communication from USCIS? 

 

We have to have the wedding in a country where his family can get to. Not all his family- grandmother for instance-can go through the entire tourist visa process so we would like to make it easier for those on the same boat to be able to attend our special day. 

 

Thank you! 

[MrHanky 1,377]

K3 is obsolete 

[JE57 239]

You'll apply for a K-1 visa or you'll get married in Mexico and then apply for a spousal visa.  K-3 as mentioned above is not a viable option for 99.9% of those applying.   Once you apply his entry and exit on his tourist visa may be more difficult as he'll potentially may be required to prove at the border that he has valid reasons to return to Mexico and not stay.  That becomes more difficult when he's also concurrently applying for a visa to immigrate to the USA.   Once he gets his K-1 Visa and enters the USA you'll have 90 days to get married and file adjustment of status.  Entering on the K-1 will cancel the tourist visa and your idea of using the tourist visa to go back to Mexico for a wedding won't work as he'd subsequently be denied re-entry to the USA.  If you get married before he enters on the K-1 then use of the K-1 would be fraud.   If you get married in Mexico and apply for a spousal visa then once he gets to the USA he can travel back to and forth to Mexico and can work in the USA immediately.  The Marry in Mexico and then apply for a spousal visa is the cheaper and safer way to go although longer than the K-1.   Once you get married in Mexico and apply for the spousal visa his tourist visa is not automatically canceled although as above he may need to prove reasons that he'll  return to Mexico when he presents at the US Border.   Hope that helps

 

[Ryan H 3,790]

Moved from K3 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.