Slight change of plans

[Shemp 6]

Can a foreigner (Filipino) return home without getting married, and then reenter the US

again on same fiance visa to marry? The visa expires May 22, 2016.

thanks

[A'n'L 735]

The K1 visa is valid for one entry only.

[Pitaya 2,577]

Not likely, generally the K1 visa is a one-way, one-time visa, that is usually invalidated by the CBP at the US Port of Entry. You may want to check with the visa issuing agency, the US embassy in Manila, for further guidance.

~Moved from General Immigration-Related Discussion to Phil. Regional Forum~

~Inquiry is country-specific~

[Shauneg 762]

Can a foreigner (Filipino) return home without getting married, and then reenter the US

again on same fiance visa to marry? The visa expires May 22, 2016.

thanks

Is she here already? If so the visa is already invalidated and stamped CWOP...canceled without prejudice. It is good for one entry only. It says it on the visa I believe....I might be misremembering that part.

[Greenbaum 12,259]

The K-1 visa is good for one trip in to the US and then it's dead. You leave without proper papers and you give up your opportunity to return. The only thing you can do is enter, get married right away and then apply for AOS and once you have your EAD then use it to travel back to Phil. Turn around for this is about 2-3 months. But you can after filing, call USCIS and request that your EAD be expedited (of course you need a good reason - death in the family, someone gravely ill etc) and if granted you should have it in about 2 weeks.

[Unlockable 7,315]

All of the above information is correct. The visa is already invalid if already used to enter the US. The quickest path for your fiance to travel back home is to file AOS with AP/EAD included after marriage.

If it is a case where you and your spouse are not ready to get married yet, and she wants to return home then come back and marry at a later date, then that will require a separate and much longer timeline. You would essentially have to file for another K1. And will possibly be questioned about not using the first K1.

Edited May 1, 2016 by NuestraUnion

[Greenbaum 12,259]

Greenbaum, on 01 May 2016 - 5:29 PM, said:

The K-1 visa is good for one trip in to the US and then it's dead. You leave without proper papers and you give up your opportunity to return. The only thing you can do is enter, get married right away and then apply for AOS and then use the TD once you have your EAD then to travel back to Phil. Turn around for this is about 2-3 months. But you can after filing, call USCIS and request that your TD be expedited (of course you need a good reason - death in the family, someone gravely ill etc) and if granted you should have it in about 2 weeks.

Sorry Brain Fart.

It's the I-131, Application for Travel Document that you want to get expedited. Same thing here, call USCIS once you have filed (be sure to give them a week or two to get it into their system) your AOS then ask for the expedited TD.

[notusinganymore 31]

K1 visa can only be used once. Most people get married after use of K1 then adjust their status to get advance parole and EAD. They use the advance parole to travel outside of the US.

[Hank_ 9,174]

Can a foreigner (Filipino) return home without getting married, and then reenter the US

again on same fiance visa to marry? The visa expires May 22, 2016.

thanks

No. Visa expires upon entry at POE