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Filed: K-1 Visa Country: Denmark
Timeline
Posted

My fiance and I are currently waiting for our NOA2. We expect to receive it in October and then ultimately receive the K1 visa in December or January.

She finishes her internship in February and we'd like to have her move over here around that time. But recently we have been discussing wedding plans with her family and July will work best for the wedding (because of their availability and work schedules).

My question is can my fiance enter the US on a tourist visa in February even though she will have received the K1 visa in January? If we are going to have the wedding in July the 90 day period would mean that she would have to leave and re-enter the US with her K1 visa sometime in April. I don't want her to spend an additional 2-3 months away from me when she could be using that time to live over here, get adjusted and plan the wedding.

Are you required to use the K1 visa if you have received it? Or can you decide when you use it since it is only a single-entry visa?

Thanks for your help. Let me know if my question makes sense.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Have her come in with her K1, have a civil ceremony, begin the AOS, plan the wedding. That way she's here with you.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

The only folks I've seen that have do what you're asking successfully were from our neighbors from the north (Canada) and even then it is up to the CBP officer.

Can almost guarantee you an airport CBP officer will 'activate' the visa upon entry...

Filed: K-1 Visa Country: Canada
Timeline
Posted
My fiance and I are currently waiting for our NOA2. We expect to receive it in October and then ultimately receive the K1 visa in December or January.

She finishes her internship in February and we'd like to have her move over here around that time. But recently we have been discussing wedding plans with her family and July will work best for the wedding (because of their availability and work schedules).

My question is can my fiance enter the US on a tourist visa in February even though she will have received the K1 visa in January? If we are going to have the wedding in July the 90 day period would mean that she would have to leave and re-enter the US with her K1 visa sometime in April. I don't want her to spend an additional 2-3 months away from me when she could be using that time to live over here, get adjusted and plan the wedding.

Are you required to use the K1 visa if you have received it? Or can you decide when you use it since it is only a single-entry visa?

Thanks for your help. Let me know if my question makes sense.

I wouldn't count on being able to do this. Better safe than sorry it would suck to plan on a short trip and not be prepared for having your K1 used up.

K-1

05/05/2009 - NOA1

07/17/2009 - NOA2

08/27/2009 - Visa Received

10/09/2009 - Married

AOS/EAD

11/18/2009 - NOA1

01/15/2010 - EAD Approved

02/25/2010 - AOS Interview

Adjuticator's Field Manual

Old VJ Adjuticator Q/A

Disclaimer : 100% of the time I only think I know what I'm talking about.

Posted

Entering on a tourist visa after being issued a K-1 is almost definitely out of the question. I've read that standard operating procedure at the consulates is to cancel any B-1/B-2 visas in the beneficiary's passport when the K-1 is issued.

As for a visa waiver, I think everything that can be said has been said above. It's not entirely unheard of, but very unlikely.

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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