stop K-1 and apply for tourist visa instead?

[kenneme 2]

Greetings,

Looking for some more help on our situation.

We are waiting for our K-1 interview here in Paris (where we both live/work currently). We are planning to go to the US 1 August to get married if fiancé has the visa in time. We did K-1 because that was the best option at the time. However, my job offered me an extension to stay through the end of the year.

So, the most logical thing would be for him to come to the US for the wedding in August on a regular tourist visitors visa B1/B2 and return to France. Eventually when we decide to move to the US for good - ie probably early next year - we would do DCF or K3 spouse visa....Does this sound like the best thing to do?

and what do we do now?! I don't want to cancel the K1 until we're sure the other option would work.Should we make an apointment for the tourist visa and explain it to them at the interview that we plan to marry and then return to France? Or should we wait until we get the interview date for the K1 and explain it to them then (but then it might be too late to apply for a tourist visa if they say he can't get the K1?).... Or just go through with the K1 as normal but not apply for change of status?

Help appreciated!!! Thanks...

[YuAndDan 153]

Keep the K-1 moving, It has a 6 months validity after it is issued.

You still can visit while waiting for the K-1, however visiting AFTER one is issued without using the K-1 can be tricky, sometimes POE allows entry on VWP or a visitors visa without canceling the K-1, sometimes they don't.

OR you can do as you say "Withdraw" the K-1 petition and then later do a Spousal visa. And FORGET the OPTIONAL K-3 visa. K-3 is NOT an option when doing DCF, it requires that you file I-130 to USCIS in the USA, and then filing an I-129F to start the OPTIONAL K-3 process.

NOTE: K-3 was developed as an OPTION when I-130 was taking a year or longer to process through USCIS. Since USCIS has begun the practice of tying I-130 and I-129F together and approving them at the same time, this effectively eliminates the reason the K-3 exists (Entry to USA and WAITING for I-130 approval)

Edited June 11, 2009 by YuAndDan

[baron555 934]

[We are waiting for our K-1 interview here in Paris (where we both live/work currently). We are planning to go to the US 1 August to get married if fiancé has the visa in time. We did K-1 because that was the best option at the time. However, my job offered me an extension to stay through the end of the year.

You can not get married before the K-1 is issued and you follow it's normal process. The K-1 is for unmarried folks. By getting married you violate the purpose of that. Understand?

If me, I'd wait on the marriage until you have the K-1 in hand. Problem is, that the beneficiary will not be able to return until they have the AP in hand.

So it sounds like you may have to withdraw the K-1 and pursue a K-3 or CR1 or just DCF there.

Or just go through with the K1 as normal but not apply for change of status?

Problem I have with this, I may be wrong, is that if you both leave the US before he has the AP in hand, he may not be able to ever return to the US when your work is over.

[Nik+Heather 121]

http://www.visajourney.com/forums/index.ph...=195354&hl=

Again, I think your plan is risky. Good luck whichever way you decide.

[kenneme 2]

Thanks for your input everyone and for the practical advice.

We have decided to go ahead and move to the US this August as soon as the K1 is approved for travel! It's not ideal financially but sounds like the safest option.

Thank you very much Yu and Dan for this complete explanation and for your heads up on the POE risks. (also for clarifying K3...good to know!)