Visits after the wedding- before status change

[ManyPlanstoMarry 0]

Hey everyone!!! This visa process is very time consuming, but well worth it!! I have done so much research that I am tired of looking at a computer!

However, I have a question that I can't seem to get the answer to. My fiance has a tourist visa, but we are working on his K-1 visa that will allow us to get married in the USA. We are planning to get married in the USA and the very next day head to his home in Mexico to have a reception and a religious ceremony with his family. However, I read that he will not be able to leave the country and re-enter the USA on his K-1 visa anymore after the wedding. Can he use his tourist visa? How long will we have to wait for him to be able to leave the country and return to the USA? How long is the status change process?

Any information about the visa process is greatly appreciated!!!

Thank you!!

[LORIEandPHIL 123]

The K-1 visa is a one time only visa, it expires once he enters the USA. If he leaves without AP, or his green card, you will have to file again for a spouse visa.

[2far 185]

It's good that you are asking this question now. If he were to leave the USA prior to receiving Advanced Parole, you would have to start the visa process over and file for a CR-1 visa. That process could take about a year. It is likely his visitors visa will be cancelled when he receives the K-1 visa. The K-1 visa will be invalid after he enters the USA.

After you marry on the K-1, you have to apply for Adjustment of Status. At the same time, apply for the Advanced Parole and Work Authorization (fees are waived if filed with the Adjustment of Status for a K-1). He will do a biometrics appointment, and then he should receive Advanced Parole and Work Authorization about 60-90 days after application. THEN you can go and have a reception in Mexico!

My suggestion is to either have the party in Mexico prior to entering the USA on the K-1 or waiting a few months after the wedding until he receives the Advance Parole.

EDIT: I see now that you wish to have a religious ceremony in Mexico. You should wait until after you have the Advanced Parole for this. Sometimes this type of religious ceremony in seen by the Embassy as a wedding even if it's not a legal ceremony. It has the potential to put you in the position where the K-1 is denied because they believe you to be married. Too married for a K-1, but not married enough for a CR-1. It's best to avoid this confusion if at all possible.

Edited December 10, 2015 by 2far

[ManyPlanstoMarry 0]

Thank you so much for your help this far!!!

Could he use his tourist Visa for after the wedding?!?

[LORIEandPHIL 123]

Thank you so much for your help this far!!!

Could he use his tourist Visa for after the wedding?!?

No, if he leaves before getting either AP, or his green card, you will need to start over again by applying for a CR-1 visa.

Edited December 10, 2015 by LORIEandPHIL

[Lynkali 163]

It's extremely likely that when he gets the K-1 visa, his tourist visa will be cancelled. He won't be able to re-enter the USA if he leaves before getting Advanced Parole, which takes about 3 months after your wedding in the USA. Really, it is dangerous to do what you're planning -- the likelihood that he would be refused entry after your religious ceremony in Mexico is extremely high, and you would have to start all over and file for the CR-1, which is a much longer process right now than the K-1.

Wait a few extra months: get married in the USA, file for his travel documents after that marriage, they'll arrive 2-3 months later, and THEN you can travel freely and have whatever ceremony you like. What is a few months' wait in this whole process? Much better than the chance of having to start all over again and wasting an entire year or more!

[KayDeeCee 4,899]

Thank you so much for your help this far!!!

Could he use his tourist Visa for after the wedding?!?

The K-1 is a one time entry visa. You cannot just use it to enter the US and then come and go as you please. After you enter with the K-1, you must marry in the US within 90 days, then file for AOS. If you leave before filing for AOS and having AP or the green card in hand first, then you will abandon your eligibility to AOS. You would then need to start again with another immigration process if you wish to return to the US, which in your case would be a spousal visa.

The tourist visa will most likely be canceled when the K-1 visa is approved anyway.

[NatashaSah 3]

I had a B1/2 tourist visa and when I received the K1 visa stamp, my tourist visa was cancelled with a big cancelled written across it.

So no, he cannot leave the country and return on the tourist visa. He will have to apply for the Advance Parole, which takes around 90 days.

[baron555 934]

Hey everyone!!! This visa process is very time consuming, but well worth it!! I have done so much research that I am tired of looking at a computer!

However, I have a question that I can't seem to get the answer to. My fiance has a tourist visa, but we are working on his K-1 visa that will allow us to get married in the USA. We are planning to get married in the USA and the very next day head to his home in Mexico to have a reception and a religious ceremony with his family. However, I read that he will not be able to leave the country and re-enter the USA on his K-1 visa anymore after the wedding. Can he use his tourist visa? How long will we have to wait for him to be able to leave the country and return to the USA? How long is the status change process?

Any information about the visa process is greatly appreciated!!!

Thank you!!

Once the K-1 visa is placed into his passport, the Embassy will void out the tourist visa.

After marriage, you file for AOS along with AP and EAD. The AP is what you want and usually takes 2-3 months to obtain.

Once the K-1 visa is placed into his passport, the Embassy will void out the tourist visa.

After marriage, you file for AOS along with AP and EAD. The AP is what you want and usually takes 2-3 months to obtain.

but we are working on his K-1 visa that will allow us to get married in the USA. We are planning to get married in the USA and the very next day head to his home in Mexico to have a reception and a religious ceremony with his family.

So you change your plans to:

Get married in the US.

File for AOS and wait to receive the AP

Then go to Mexico and has the reception and ceremony.

[IcezMan_IcezLady 582]

Hey everyone!!! This visa process is very time consuming, but well worth it!! I have done so much research that I am tired of looking at a computer!

However, I have a question that I can't seem to get the answer to. My fiance has a tourist visa, but we are working on his K-1 visa that will allow us to get married in the USA. We are planning to get married in the USA and the very next day head to his home in Mexico to have a reception and a religious ceremony with his family. However, I read that he will not be able to leave the country and re-enter the USA on his K-1 visa anymore after the wedding. Can he use his tourist visa? How long will we have to wait for him to be able to leave the country and return to the USA? How long is the status change process?

Any information about the visa process is greatly appreciated!!!

Thank you!!

SO your fiance has a tourist visa and you are going through K-1 process. But you want your fiance to come visit on the tourist visa and you two get married while waiting for the K-1 visa?

IT DOES NOT WORK LIKE THAT.

The moment you get married, the K-1 process is over. Even if your fiance has the K-1 visa in hand and you go over there to get married before your fiance moves here (US), if the embassy finds out, they can invalidate your K-1 visa.

Be patient and finish the K-1 process, and get married per the K-1 visa requirement.

[ManyPlanstoMarry 0]

NO! I do not want him to come over on his tourist visa and is get married while he is visiting. I had a question if he could still use his tourist visa after the wedding or if we had to wait for the AP. I really appreciate the help given.

[NigeriaorBust 4,087]

A person can't hold 2 open visas so they cancel any current visa when they issue the K1

[Rick&Alina 6]

This isnt true my fiancee was just approved for her K1 visa and the CO at the embassy said they do not cancel the B2 should she decided not to marry her B2 will be still good for 10 years..should she get married it will be canceled.

[Rick&Alina 6]

This isnt true my fiancee was just approved for her K1 visa and the CO at the embassy said they do not cancel the B2 should she decided not to marry her B2 will be still good for 10 years..should she get married it will be canceled.

Both her visa's the B2 did not get canceled :joy: :joy:

Edited December 11, 2015 by Rick&Alina

[kzielu 1,154]

A person can't hold 2 open visas so they cancel any current visa when they issue the K1

Not true at all, I held L-1 and B-1/B-2 at the same time.