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Multiple entry visit plus K1 visa

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Filed: K-1 Visa Country: Russia
Timeline

Hello everyone,

My fiance has a current multi-entry visa. We applied for a K1 visa. My fiance wants to enter on K1, get married in a civil court and fly back to her home country to get married in a church. Once she gets her K1, will that cancel out her other visa? I know that you can only enter US on a K1 visa once but can she then use her other visa? Will we be able to travel on that visa while we are legally married? Thank you.

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Filed: Citizen (pnd) Country: Germany
Timeline

You do realize you'll have to apply for travel authorization (advanced parole) before she can travel outside the US? K-1 is valid for one entry and then after marriage you appy for Adjustment of Status, as I'm sure you know. Then if she leaves the US without travel authorization they'll likely deem her "efforts abandoned" and you'd have to either get her visa revalidated in Russia again or restart the process.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Lift. Cond. (apr) Country: Spain
Timeline

If she enters the country with the K1 and she leaves then you have to apply for a spouse visa. That will take about a year. She can't come back with a tourist visa and keep with the K1 visa process because this will be abandoned once she leaves the country!

She has to wait after married in court file for AOS inmediately, apply for Advance Parole to be able to travel, once she has AP approved then she can fly before she has the green card.

AP is usually approved before 90 days.

If she leaves you will ask to apply for a spouse visa and start all over again, I wouldn't want to be another year apart


y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Filed: Country: Mexico
Timeline

Hello everyone,

My fiance has a current multi-entry visa. We applied for a K1 visa. My fiance wants to enter on K1, get married in a civil court and fly back to her home country to get married in a church. Once she gets her K1, will that cancel out her other visa? I know that you can only enter US on a K1 visa once but can she then use her other visa? Will we be able to travel on that visa while we are legally married? Thank you.

When you enter the US with the K-1 visa, you must marry within 90 days and file for AOS to become a permanent resident. When you file for AOS, you will also file for an EAD and AP. If you leave the US without having AP or the green card first, then your eligibility to adjust status will be gone. You would then have to begin a new process for a visa, this time a spousal visa would be needed to enter the US again.

You do realize you'll have to apply for travel authorization (advanced parole) before she can travel outside the US? K-1 is valid for one entry and then after marriage you appy for Adjustment of Status, as I'm sure you know. Then if she leaves the US without travel authorization they'll likely deem her "efforts abandoned" and you'd have to either get her visa revalidated in Russia again or restart the process.

The K-1 visa could not be 're-validated'. A K-1 visa can only be reissued if someone had to leave the US before they married. The consulate has say over whether or not to re-issue one, and you still have to be back in the US and get married to the USC petitioner within the same 90 day period from when the original K-1 was first issued.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: Other Country: Philippines
Timeline

Hello everyone,

My fiance has a current multi-entry visa. We applied for a K1 visa. My fiance wants to enter on K1, get married in a civil court and fly back to her home country to get married in a church. Once she gets her K1, will that cancel out her other visa? I know that you can only enter US on a K1 visa once but can she then use her other visa? Will we be able to travel on that visa while we are legally married? Thank you.

The multi-entry visa will be cancelled once the K-1 visa is issued. No travel outside the USA until after AOS.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: AOS (apr) Country: Russia
Timeline

Hello everyone,

My fiance has a current multi-entry visa. We applied for a K1 visa. My fiance wants to enter on K1, get married in a civil court and fly back to her home country to get married in a church. Once she gets her K1, will that cancel out her other visa?

Yes

I know that you can only enter US on a K1 visa once but can she then use her other visa?

It will be cancelled. She should marry here, AOS, receive the AP or GC and then fly back for another ceremony. That is the only way.

Will we be able to travel on that visa while we are legally married?

No

Thank you.


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

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

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Filed: AOS (apr) Country: Argentina
Timeline

As everyone else said, no.

The K1 is a one-time entry visa. She is to enter the US, you both need to marry within 90 days, and it's recommended that you apply for the Adjustment of Status (AoS) before the 90 days is up. When you apply for the AoS you should also apply for the Employment Authorization Document (EAD) which allows her to work once it's in her hands, and the Advance Parole (AP) which grants her permission to leave the US while her AoS is processing. The AP & EAD take up to 6 months to show up at your door if granted (often much less). If you file the EAD and AP with or after filing the AoS the fees for the EAD and AP are waived, so they're "free".

If she leaves the country without an AP, the government will consider her abandoning her right to adjust her status on the K1 visa. The consequence is that you will have to start the process for a spousal visa (CR-1), which takes at least a year.
The K1 takes about 8 months, so if you're willing to wait a few more months for her to immigrate to the US you could travel to Russia to be married and apply for a CR-1.

The pluses to a CR-1 is less fees in the long run, and that you will not have to apply to adjust her status. She will be eligible for a green card upon entry via the CR-1, the green card also gives her permission to work and leave the country without additional documents. The minuses is that it takes longer than a K1, so it depends on whether you're willing to wait. I have heard of many people who apply for a CR-1 while living with their spouse in their spouse's country; you'll need to check her local US embassy to see if you can apply for a CR-1 with US spouse abroad.

The pluses to a K-1 is that it's usually significantly faster, and you'll get your love in your arms sooner! The minuses are additional costs and travel restrictions for several months after entering the US.

Good Luck.

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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Filed: AOS (apr) Country: Russia
Timeline

, and the Advance Parole (AP) which grants her permission to leave the US while her AoS is processing.

Wrong.....it allows re-entry back into the US. Anyone can leave at any time without any permission or document.

The AP & EAD take up to 6 months to show up at your door if granted (often much less).

Usually 3 months.

If you file the EAD and AP with or after filing the AoS the fees for the EAD and AP are waived, so they're "free".

If she leaves the country without an AP, the government will consider her abandoning her right to adjust her status on the K1 visa.

Not really. If she leaves, she can't get back in. One can not receive her AP or GC and mail it abroad; as stated, her leaving would be documented and that would trigger the inability to adjust.

The consequence is that you will have to start the process for a spousal visa (CR-1), which takes at least a year.

The K1 takes about 8 months, so if you're willing to wait a few more months for her to immigrate to the US you could travel to Russia to be married and apply for a CR-1.

The pluses to a CR-1 is less fees in the long run, and that you will not have to apply to adjust her status. She will be eligible for a green card upon entry via the CR-1, the green card also gives her permission to work and leave the country without additional documents. The minuses is that it takes longer than a K1, so it depends on whether you're willing to wait. I have heard of many people who apply for a CR-1 while living with their spouse in their spouse's country; you'll need to check her local US embassy to see if you can apply for a CR-1 with US spouse abroad.

The pluses to a K-1 is that it's usually significantly faster, and you'll get your love in your arms sooner! The minuses are additional costs and travel restrictions for several months after entering the US.

Well stated.

Good Luck.


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

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

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Filed: K-1 Visa Country: Russia
Timeline

As everyone else said, no.

The K1 is a one-time entry visa. She is to enter the US, you both need to marry within 90 days, and it's recommended that you apply for the Adjustment of Status (AoS) before the 90 days is up. When you apply for the AoS you should also apply for the Employment Authorization Document (EAD) which allows her to work once it's in her hands, and the Advance Parole (AP) which grants her permission to leave the US while her AoS is processing. The AP & EAD take up to 6 months to show up at your door if granted (often much less). If you file the EAD and AP with or after filing the AoS the fees for the EAD and AP are waived, so they're "free".

If she leaves the country without an AP, the government will consider her abandoning her right to adjust her status on the K1 visa. The consequence is that you will have to start the process for a spousal visa (CR-1), which takes at least a year.

The K1 takes about 8 months, so if you're willing to wait a few more months for her to immigrate to the US you could travel to Russia to be married and apply for a CR-1.

The pluses to a CR-1 is less fees in the long run, and that you will not have to apply to adjust her status. She will be eligible for a green card upon entry via the CR-1, the green card also gives her permission to work and leave the country without additional documents. The minuses is that it takes longer than a K1, so it depends on whether you're willing to wait. I have heard of many people who apply for a CR-1 while living with their spouse in their spouse's country; you'll need to check her local US embassy to see if you can apply for a CR-1 with US spouse abroad.

The pluses to a K-1 is that it's usually significantly faster, and you'll get your love in your arms sooner! The minuses are additional costs and travel restrictions for several months after entering the US.

Good Luck.

Thank you so much, a lot of really good information that I didn't even think about!

, and the Advance Parole (AP) which grants her permission to leave the US while her AoS is processing.

Wrong.....it allows re-entry back into the US. Anyone can leave at any time without any permission or document.

The AP & EAD take up to 6 months to show up at your door if granted (often much less).

Usually 3 months.

If you file the EAD and AP with or after filing the AoS the fees for the EAD and AP are waived, so they're "free".

If she leaves the country without an AP, the government will consider her abandoning her right to adjust her status on the K1 visa.

Not really. If she leaves, she can't get back in. One can not receive her AP or GC and mail it abroad; as stated, her leaving would be documented and that would trigger the inability to adjust.

The consequence is that you will have to start the process for a spousal visa (CR-1), which takes at least a year.

The K1 takes about 8 months, so if you're willing to wait a few more months for her to immigrate to the US you could travel to Russia to be married and apply for a CR-1.

The pluses to a CR-1 is less fees in the long run, and that you will not have to apply to adjust her status. She will be eligible for a green card upon entry via the CR-1, the green card also gives her permission to work and leave the country without additional documents. The minuses is that it takes longer than a K1, so it depends on whether you're willing to wait. I have heard of many people who apply for a CR-1 while living with their spouse in their spouse's country; you'll need to check her local US embassy to see if you can apply for a CR-1 with US spouse abroad.

The pluses to a K-1 is that it's usually significantly faster, and you'll get your love in your arms sooner! The minuses are additional costs and travel restrictions for several months after entering the US.

Well stated.

Good Luck.

Thank you for clarifying some things. I have a much better understanding of how to proceed.

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Filed: AOS (apr) Country: Argentina
Timeline

, and the Advance Parole (AP) which grants her permission to leave the US while her AoS is processing.

Wrong.....it allows re-entry back into the US. Anyone can leave at any time without any permission or document.

The AP & EAD take up to 6 months to show up at your door if granted (often much less).

Usually 3 months.

If you file the EAD and AP with or after filing the AoS the fees for the EAD and AP are waived, so they're "free".

If she leaves the country without an AP, the government will consider her abandoning her right to adjust her status on the K1 visa.

Not really. If she leaves, she can't get back in. One can not receive her AP or GC and mail it abroad; as stated, her leaving would be documented and that would trigger the inability to adjust.

The consequence is that you will have to start the process for a spousal visa (CR-1), which takes at least a year.

The K1 takes about 8 months, so if you're willing to wait a few more months for her to immigrate to the US you could travel to Russia to be married and apply for a CR-1.

The pluses to a CR-1 is less fees in the long run, and that you will not have to apply to adjust her status. She will be eligible for a green card upon entry via the CR-1, the green card also gives her permission to work and leave the country without additional documents. The minuses is that it takes longer than a K1, so it depends on whether you're willing to wait. I have heard of many people who apply for a CR-1 while living with their spouse in their spouse's country; you'll need to check her local US embassy to see if you can apply for a CR-1 with US spouse abroad.

The pluses to a K-1 is that it's usually significantly faster, and you'll get your love in your arms sooner! The minuses are additional costs and travel restrictions for several months after entering the US.

Well stated.

Good Luck.

Poor wording on my part, thanks for clarifying. I'm technically at work and sometimes rush through a post. :oops:


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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Filed: Country: Mexico
Timeline

Poor wording on my part, thanks for clarifying. I'm technically at work and sometimes rush through a post.

Leaving without AP or the green card will abandon the AOS process. You were correct about that. The EAD/AP only takes 60-90 days to receive. That was the only thing I saw really worth correcting in your post besides the minor mistake about AP being permission to leave instead of permission to re-enter.

Caution

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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