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Filed: Country: Brazil
Timeline
Posted

My fiance has her K1 interview in Brazil on Jan 7. We plan on getting married in the US in April, however, she needs to be in Brazil in March for her college graduation.

Is it possible for her to travel as a tourist, without using her K1 visa, to visit me for a few weeks in January/February after getting her visa (she already has a tourist visa)? She would return to Brazil, and then the next time she comes to the US it would be using her K1. Is this too risky?

Thanks for the help,

Drew

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

My understanding is that once the K visa is issued it can't be "held back" when entering the US. You could delay the interview so that the visa would be issued later.

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Posted
The answer is pretty much 'No' - can't pick which visa to use upon entering the US - the only possible exception are folks from Canada and even that isn't 100% these days. Best to come up with an alternate plan.

I could of sworn there was a poster here that used the visitors visa (while having the K-1) and was successful in doing so...

I know that Umit's B-2 is still valid in her passport (it didn't get cancelled/withdrawn when issued the K-1)- interesting question this is...

I would think if you present yourself as a "visitor" using the "visitor visa", it would not invoke the K-1 visa.

However....

(researching)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

Found this snippet on the State website:

My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?

No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.)

I know the question is about two passports - but the reasoning is there. If you have a valid passport/visa - you can use it.

(still researching)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted
I could of sworn there was a poster here that used the visitors visa (while having the K-1) and was successful in doing so...

That poster was Canadian.... Canadians seem to have different "priveleges" than most citizens from other countries

YMMV

Posted
That poster was Canadian.... Canadians seem to have different "priveleges" than most citizens from other countries

ah...

:)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

I don't think it's possible, I think they revoke any previous visas once you get the K1 on the passport, and at immigration they'll look at the latest visa. I'd just wait in Brasil till the graduation ceremony and fly to the US after.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Posted
I don't think it's possible, I think they revoke any previous visas once you get the K1 on the passport, and at immigration they'll look at the latest visa. I'd just wait in Brasil till the graduation ceremony and fly to the US after.

Umit's visa is still valid (B2) - not revoked at all.

K-1 - of course - is date dead. (plus it was used once - so that makes it dead)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Kenya
Timeline
Posted
My fiance has her K1 interview in Brazil on Jan 7. We plan on getting married in the US in April, however, she needs to be in Brazil in March for her college graduation.

Then just have her go to the interview, get the K-1 visa. She then has six months in which to leave. She stays until graduation and then comes over to you. If you can't be without her for that long, then you hop on a flight and go visit her while she waits. Very simple

Is it possible for her to travel as a tourist, without using her K1 visa,

No, the K-1 would trump the visitors.

Thanks for the help,

Drew

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Posted

Just wanted to add that she CAN travel to a 3rd country and you could meet her there for a visit between the K1 issue date and her travel date if it's cheaper. The only place she can't travel is the US until she's ready to use her K1.

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

Where's the problem? She goes to her interview in January, attends her graduation ceremony in March, flies out the next day and you have plenty of time to get married in April.

The K-1 can be used till 180 days after its issuance.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
Umit's visa is still valid (B2) - not revoked at all.

K-1 - of course - is date dead. (plus it was used once - so that makes it dead)

I think I saw them revoking visas during my interview experience there, but I could be wrong. Mine was voided but it was already expired anyway.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

 
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