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biloxisaint

Question about B1/B2 Visa

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I am a U.S. Citizen. My girlfriend, a Guatemalan Citizen, recently obtained a B1/B2 Visa for tourist/business travel to the U.S. It is good for 10 years and allows multiple entries. I work in Guatemala for about 3 weeks to a month and then visit the United States for about two weeks. If our relationship developes into marriage or we get engaged in the future, will filing any of the K visas jeopardize her B1/B2 visa? We have the funds to continue traveling back and further between the United States and Guatemala depending upon my work schedule and I'd like her to be able to continue to travel with me even if we get married or engaged and I file one of the K visas. Does anyone know if filing a K visa will revoke or somehow jeopardize her B1/B2 status? Thanks for you responses.

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You can apply for the K-1 visa, during the process for her traveling between countries she has to prove ties that she is coming back to Guatemala and she can be denied to enter to US.

By the time that she goes to the interview the Consular officer cancels the B1/B2 visa and then stamp the K-1 visa in the passport, that is only 1 time valid for entering to US for marriage purposes.

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You can apply for the K-1 visa, during the process for her traveling between countries she has to prove ties that she is coming back to Guatemala and she can be denied to enter to US.

By the time that she goes to the interview the Consular officer cancels the B1/B2 visa and then stamp the K-1 visa in the passport, that is only 1 time valid for entering to US for marriage purposes.

Thank you for you reply YMR. If we did decide to get married, I think we would probably get married in Guatemala since her family is here and cannot travel freely to the United States. Therefore, perhaps the K-1 visa would not be best since I'm usually not in the United States for more than two to three weeks myself and that would require a quick wedding in the U.S. Do you think any of the other visas (K-3 or IR-1/CR-1) applications would jeopardize her B1/B2 visa? I understand that she could be denied entry to the U.S. on a B1/B2 visa if she is married to a USC, but I think she could easily demostrate that she has no intent to remain in the U.S. beyond the terms of her B1/B2 visa. After all, her sole purpose of visiting the U.S. at that time would be to accompany her husband, a USC, while he visits the U.S.

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She can always try, all we can do is "guess" how her experience may be at the POE. I traveled on a tourist visa last year while our K-1 was still in process, and the CBP agent did not ask me anything about it. I know that it could be different is you guys are applying for IR/CR, but she can always give it a try.


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