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beeb

Visa Conflict? B-2 vs K-3

By beeb in K-3 Spouse Visa Process & Procedures

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beeb Newbie

beeb   0

Posted
Filed: Country: Thailand
 Timeline
Posted

Newbie here, first post, so I hope this is the right forum. Great info on the site.

My wife has a B-2 Visa, valid for 7 more years. What happens to that Visa if we

apply for a K-3 Visa for her? I am concerned that it will be invalidated.

Thanks for any and all info - beeb

pushbrk Grand Master

pushbrk   13,625

Posted
Filed: Other Country: China
 Timeline
Posted
Newbie here, first post, so I hope this is the right forum. Great info on the site.

My wife has a B-2 Visa, valid for 7 more years. What happens to that Visa if we

apply for a K-3 Visa for her? I am concerned that it will be invalidated.

Thanks for any and all info - beeb

The K3 visa is dead and gone as of Feb 1, 2010 after being in a virtual coma for three years.

You are asking the most FAQ. Please do some reading. Start with the guides.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

tigerlily Contributor

tigerlily   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
The K3 visa is dead and gone as of Feb 1, 2010 after being in a virtual coma for three years.

You are asking the most FAQ. Please do some reading. Start with the guides.

K3 is administratively closed when it is approved with 1-I-130.

My I-130 was approved last week. K3 is pending. Yesterday my husband received letter from USCIS for RFE.

I dont know if its possible to request them to close K3 since we are already starting the process of I-130. I just hope that our I-130 will not be affected if K3 will be denied.

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
Newbie here, first post, so I hope this is the right forum. Great info on the site.

My wife has a B-2 Visa, valid for 7 more years. What happens to that Visa if we

apply for a K-3 Visa for her? I am concerned that it will be invalidated.

Thanks for any and all info - beeb

My wife has a B-2 visa in her passport, and it is still valid (all though - she now has the green card - so makes it irrelevant)

The real question is why you would be concerned about it being invalidated? You would use the GC to get in the US - not the B-2.

If she doesn't get the other visa, it will not invalidate the existing B-2 (that is, as long as the reasons behind not getting the new visa are not "criminal", for example.)

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

thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted
My wife has a B-2 visa in her passport, and it is still valid (all though - she now has the green card - so makes it irrelevant)

The real question is why you would be concerned about it being invalidated? You would use the GC to get in the US - not the B-2.

If she doesn't get the other visa, it will not invalidate the existing B-2 (that is, as long as the reasons behind not getting the new visa are not "criminal", for example.)

That being said, what would prevent the OP's wife from just going straight for AOS if the B-2

is still valid? They are married.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
That being said, what would prevent the OP's wife from just going straight for AOS if the B-2

is still valid? They are married.

Nothing - other than the law.

If they follow it - no issues.

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

pushbrk Grand Master

pushbrk   13,625

Posted
Filed: Other Country: China
 Timeline
Posted
That being said, what would prevent the OP's wife from just going straight for AOS if the B-2

is still valid? They are married.

The fact that she's not in the USA would prevent her first. Then, if she were to use the B-2 to enter with the intent to stay and adjust status, she would be denied for visa fraud.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted
The fact that she's not in the USA would prevent her first. Then, if she were to use the B-2 to enter with the intent to stay and adjust status, she would be denied for visa fraud.

You're right, but his concern that the B-2 would be invalidated

does not appear to be a statement to the effect that she is outside the US.

I think the OP should clarify that first.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

pushbrk Grand Master

pushbrk   13,625

Posted
Filed: Other Country: China
 Timeline
Posted
You're right, but his concern that the B-2 would be invalidated

does not appear to be a statement to the effect that she is outside the US.

I think the OP should clarify that first.

Yes, better knowledge of the case would be helpful. However, visas are used to enter countries. Once inside the visa itself is meaningless. Visitor status is derived from the I-94. If in the USA already, filing a petition does not nullify the already granted length of stay. Whether the visa will get her into the USA again is up to the CBP officer at the POE. The visa is only invalidated by issuance of a spouse visa. Be aware that a valid visa is not assurance of entry.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Sc0tt28 Enthusiast

Sc0tt28   26

Posted
Filed: K-3 Visa Country: Canada
 Timeline
Posted
My wife has a B-2 Visa, valid for 7 more years. What happens to that Visa if we

apply for a K-3 Visa for her? I am concerned that it will be invalidated.

It won't be invalidated. It is reasonable to expect your wife to be able to visit you while the K visa is in the application process.

 
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