Uncommon situation

[erica_itz 5]

Hello my dear VJ'ers! I'll go through a not so common situation and would like to know if anyone can advise me on this.

I have a valid tourist visa (B2) that is good until 2014 and I'm also going through the K1 process at the moment. I've talked to the embassy in my country (I already got NOA2) and they said most likely my interview will be in the begining of december, so if everyhing goes well (hopefuly it will) I'll have my K1 visa in hands by the end of this year.

However, due to work and family issues (and very personal reasons) my fiance and I had to change our plans and I won't be able to move to the US until the end of march, which is fine, because my K1 won't have expired yet. BUT, now here's the deal! I'm planing a vacation trip to LA with my father and my sister in january! A 4 week vacation thing. My question is: is it ok to already have the K1 but enter the country on a B2 visa? I'll have my return ticktes and everything. I don't wanna "waste" my K1 on this trip because I MUST return home and I'll only be able to leave for good at the end of march. Do you think I might have problems? Do you think they can cancel my K1 because I'm trying to enter with the B2? Or do you think they might say I can't enter on a B2 because I have a K1 in my passport?

One thing I know is that it is legal to have 2 different types of visa in your passport, as in the past I've been through a situation where I had both the J1 and B2 in my passport and didn't have any problems with it. But I don't know is things are different with the K1....

Sorry if the post is a bit confusing, but I'm very confused right now. I'd appreciate any responses! Thanks!

[realizment 18]

its not confusing at all.. And sorry i dont have a definite answer.. But my guess is that it wont be possible or it could totally be at the discretion of the customs office at your POE. If it is allowed triple check before you leave border patrol they have you down as entering on B2 because any mistakes about the K1 could cause you huge delays later on.. Very good question, but if i had to guess i would think this is not possible.

[jarta 24]

i think if your K1 visa is approved, they will cancel your B2 visa in your passport by putting a stamp on it which reads - cancelled. not too sure though. get other inputs

[sachinky 465]

When my CR-1 was issued, my other visas (including an unexpired F-1) were stamped "cancelled without prejudice."

Edited September 20, 2011 by sachinky

[Anh map 2,098]

Delay the K1 interview. The K1 will be activated when you next enter after receiving the visa.

[sheepp 2]

Why don´t you try changing the date of your interview so that it´s after your trip?

[erica_itz 5]

Hi, thanks for the responses!

Well, I thought about changing my interview date, but the thing is that once you get NOA2 everything has to be done in 4 months, right? Since I got NOA2 in september my interview couldn't be later the january, and in january I would be in the states with my family... I read somewhere that i can extend this expire date 4 more months, but I'm not gonna bother. I'll skip my family trip and wait til march. At least I'll have my K1 visa in hands, that's more important.

I wrote to the american embassy in my country and they said that once I get the K1 my B2 won't be canceled and still would be valid. But they don't advise me to try and to this and they said it would totally be at the discretion of the customs office at your POE. And in the end they said the the final decision to try and do this would be mine. But I'm scared something bad will happen, so I'll skip it.

Now just one more question: is it ok to get married after the visa has already expired?? For example, if my K1 visa expires on march 15th and I enter the country on march 10th. Do I only have 5 days do get married or do I still have the 90 days to do it (even though they visa will be expired after march 15th)?

Thanks a lot guys!

[Andie 147]

You have six months to enter the US on the K1 once issued before the K1 expires.

You have 90 days from the date of entry to the U.S. on the K1 within which you have to marry.

[Mhayonaise 14]

Now just one more question: is it ok to get married after the visa has already expired?? For example, if my K1 visa expires on march 15th and I enter the country on march 10th. Do I only have 5 days do get married or do I still have the 90 days to do it (even though they visa will be expired after march 15th)?

Thanks a lot guys!

You have 90 days to get married from the date of you POE.