Entering with another visa before K1 complete?

[derky 0]

Hi y'all,

This may have been answered already, but i couldn't find a appropriate thread after hrs of searching. My fiancée is planning to come to the U.S. prior to the completion of our K1 visa & we are already at the P3 stage of the K1 visa process. Would this delay the approval or even deny our visa process?

After searching the following is all I found, although it does not exactly fit my case. "When someone comes to the USA with the intent to marry you on anything but a K-1 visa, it can be a very big problem. The government regards this old shortcut as fraud and many times it results in deportation. Even attempting to apply for another type of Visa before the K-1 could damage your chances. There is really only one right way." - http://www.easyfiancevisa.com/fiance-visa-faqs.html

If anyone has the right answers, suggestions or want to correct my understanding, please feel free to comment. Thanks!

-Der

[payxibka 10,045]

visa does not guaranty entry... and entry could always be a problem

[SabrinaFrance 8]

Hi y'all,

This may have been answered already, but i couldn't find a appropriate thread after hrs of searching. My fiancée is planning to come to the U.S. prior to the completion of our K1 visa & we are already at the P3 stage of the K1 visa process. Would this delay the approval or even deny our visa process?

After searching the following is all I found, although it does not exactly fit my case. "When someone comes to the USA with the intent to marry you on anything but a K-1 visa, it can be a very big problem. The government regards this old shortcut as fraud and many times it results in deportation. Even attempting to apply for another type of Visa before the K-1 could damage your chances. There is really only one right way." - http://www.easyfiancevisa.com/fiance-visa-faqs.html

If anyone has the right answers, suggestions or want to correct my understanding, please feel free to comment. Thanks!

-Der

I can certainly not pretend to have the right answer. But I am wondering why take the risk to delay your K1 process with applying for another visa in the meantime when you are already at the P3 stage?! Correct me if I am wrong but your fiancée is only a couple months away from getting her visa K1 and getting to the States.

[Carlawarla 1]

Hi y'all,

This may have been answered already, but i couldn't find a appropriate thread after hrs of searching. My fiancée is planning to come to the U.S. prior to the completion of our K1 visa & we are already at the P3 stage of the K1 visa process. Would this delay the approval or even deny our visa process?

After searching the following is all I found, although it does not exactly fit my case. "When someone comes to the USA with the intent to marry you on anything but a K-1 visa, it can be a very big problem. The government regards this old shortcut as fraud and many times it results in deportation. Even attempting to apply for another type of Visa before the K-1 could damage your chances. There is really only one right way." - http://www.easyfiancevisa.com/fiance-visa-faqs.html

If anyone has the right answers, suggestions or want to correct my understanding, please feel free to comment. Thanks!

-Der

Well, firstly, if you're already at the P3 stage, then you're almost at the Embassy stage, so coming for a visit might compound problems insofar as getting back in time for the interview!

If she has a visitors visa, and wants to come visit prior to her interview in China, as with anyone processing a K-1, she might be turned back at the border if she doesn't have enough ties to her home country. There are many threads here on VJ about what proof of her ties she needs to bring if coming for a visit. If she is denied entry on her visitors visa she will be turned away, and will have to fly back home (very costly). It will not however delay or cause denial of her K-1 for that reason.

As you posted above, coming into the US with the intent to marry and stay and adjust status while here, without having been issued a K-1 or other such family based visa is fraud. But in your case, if she's just coming to visit while her K-1 is being processed, and she has full intentions of returning to China to have her interview before returning if granted her K-1 visa to marry etc., then it's not fraud.

You should check the timelines however for China and see how long you have to wait for an interview now that you're this far along, it probably won't be long!

[VanessaTony 3,567]

Hi y'all,

This may have been answered already, but i couldn't find a appropriate thread after hrs of searching. My fiancée is planning to come to the U.S. prior to the completion of our K1 visa & we are already at the P3 stage of the K1 visa process. Would this delay the approval or even deny our visa process?

After searching the following is all I found, although it does not exactly fit my case. "When someone comes to the USA with the intent to marry you on anything but a K-1 visa, it can be a very big problem. The government regards this old shortcut as fraud and many times it results in deportation. Even attempting to apply for another type of Visa before the K-1 could damage your chances. There is really only one right way." - http://www.easyfiancevisa.com/fiance-visa-faqs.html

If anyone has the right answers, suggestions or want to correct my understanding, please feel free to comment. Thanks!

-Der

There are lots and lots of threads on entering while doing the K1 process. Either way, you CAN enter as long as you have proof, BUT if you get denied entry I've read it cancels your Visa because there are special things for people getting denied a visa.

You're so close! I would just wait. if you see my timeline (you're not Australia but still) it's looking like it'll be around 2 months from P3 to my arrival *fingers crossed*

Good luck!

[Stephen + Elisha 92]

Hi y'all,

This may have been answered already, but i couldn't find a appropriate thread after hrs of searching. My fiancée is planning to come to the U.S. prior to the completion of our K1 visa & we are already at the P3 stage of the K1 visa process. Would this delay the approval or even deny our visa process?

After searching the following is all I found, although it does not exactly fit my case. "When someone comes to the USA with the intent to marry you on anything but a K-1 visa, it can be a very big problem. The government regards this old shortcut as fraud and many times it results in deportation. Even attempting to apply for another type of Visa before the K-1 could damage your chances. There is really only one right way." - http://www.easyfiancevisa.com/fiance-visa-faqs.html

If anyone has the right answers, suggestions or want to correct my understanding, please feel free to comment. Thanks!

-Der

There are lots and lots of threads on entering while doing the K1 process. Either way, you CAN enter as long as you have proof, BUT if you get denied entry I've read it cancels your Visa because there are special things for people getting denied a visa.

You're so close! I would just wait. if you see my timeline (you're not Australia but still) it's looking like it'll be around 2 months from P3 to my arrival *fingers crossed*

Good luck!

It doesn't "cancel your visa" (the K-1 has not been issued yet), but it can complicate the interview—the visa forms ask if you have ever been denied entry to the US, and a positive answer will invariably raise questions from the consular officer.

[derky 0]

wow! all good advice. Here's the short story.

-1. She's coming over on a work visa issued by the college. (I'm assuming its a government issued visa)

-2. When in the U.S., she'll only be here for only 1 week.

-3. She'll then go back to China & wait for interview.

I don't know, this visa package has been a nightmare already.

-1st USCIS got my fiancée's name incorrect. (got that fixed)

-2nd Between USCIS, NVS & U.S. consulate, our package hanged in limbo for 3 months. Nobody knew where it was & all service center blamed the other one. (somehow it got delivered, no explanations)

-3rd Now this...

A sob story.... We'll have to think this through before she agrees to come over.

[derky 0]

wow! all good advice. Here's the short story.

-1. She's coming over on a work visa issued by the college. (I'm assuming its a government issued visa)

-2. When in the U.S., she'll only be here for only 1 week.

-3. She'll then go back to China & wait for interview.

I don't know, this visa package has been a nightmare already.

-1st USCIS got my fiancée's name incorrect. (got that fixed)

-2nd Between USCIS, NVS & U.S. consulate, our package hanged in limbo for 3 months. Nobody knew where it was & all service center blamed the other one. (somehow it got delivered, no explanations)

-3rd Now this...

A sob story.... We'll have to think this through before she agrees to come over.

would like to modify item 1: she's entering the U.S. on a "Public Affair Passport", in other words, she will not be utilizing her own passport, but a govern't issued passport.

in addition, if our K1 visa is approved & she does come to the U.S. on the "public affair passport" & she returns home, does that dictate her so-called 90 days visit.? I wouldn't think so since she isn't using her own passport, but a government issued passport.?

[Otto 83]

From what I understand (which admittedly is limited for PRC) - a Public Affairs Passport is one of two kinds of 'ordinary passports' - it's still a passport issued to her by the Chinese government (presumably she works for the government or for a state-run institution, which probably covers a lot of territory in China) - she will have to enter on some type of visa issued by the US though (unless there is some sort of other process for PRC).

Not sure what you're really asking - but will it delay your K-1 process if your fiancé is successful in getting through CBP at the airport (as stated above, visa doesn't guarantee entry) for a one-week visit on some sort of visa and leaves as planned? I can't imagine it would.