Entering the US to visit WITHOUT "using" the K1 visa

[vocal 41]

Hi all, this is my first post here so I hope I'm on-topic.

Assuming I got my K1 visa and I now have it with me, I want to visit my fiancee in the US, but I do not want to get married on this specific trip.

Is that possible? Can I enter with my B1/2 and not present my K1 for this trip? (because if I do, then I will have to get married on this trip within 90 days...)

Thank you

[Transborderwife 4,666]

I've heard that it depends on the cbp officer. Some will not allow you to do that while others will.

[Kastrs 723]

Also, typically a B1/2 visa is canceled when a K1 is issued

[vocal 41]

Also, typically a B1/2 visa is canceled when a K1 is issued

I would love to get some references about this, as it is a major claim...

[AstroCanada 206]

Also, typically a B1/2 visa is canceled when a K1 is issued

Exactly, you're generally only allowed to possess one US visa at a time. Also put yourself in the shoes of the CBP officer...they would probably have quite a few questions as to why your're doing it this way. You'd want to have a very concrete and well-documented explanation.

[Transborderwife 4,666]

Also, typically a B1/2 visa is canceled when a K1 is issued

I think that it depends on the consulate

[vocal 41]

Exactly, you're generally only allowed to possess one US visa at a time. Also put yourself in the shoes of the CBP officer...they would probably have quite a few questions as to why your're doing it this way. You'd want to have a very concrete and well-documented explanation.

I want to visit my fiancee, but still keep working at my job (meaning, to come back to my country). Also my stocks are in vesting period and I will suffer financial damages for leaving my place of work prematurely (that is also why I want to keep working "a little longer"..).

Also she wants to visit me during that period (that wouldn't be a problem obviously).

It is a 6 month period that I can use the K1 visa, and we would typically want to plan our wedding and have it during the last month of the visa validity, while still visiting each other in the interval.

Good enough?

Edited May 24, 2016 by vocal

[rutabaga 209]

Any particular reason why your fiancee wouldn't visit you instead? Since that's fairly straightforward compared to you visiting and having to explain/prove you don't intend to get married on that particular trip since proving non-immigrant intent might be a hard thing to do when you basically have a visa in your passport demonstrating that you have considerable immigrant intent. (And that's provided your B visa doesn't get CWOP once they issue your K visa.)

Edited May 24, 2016 by rutabaga

[AstroCanada 206]

I want to visit my fiancee, but still keep working at my job (meaning, to come back to my country). Also my stocks are in vesting period and I will suffer financial damages for leaving my place of work prematurely (that is also why I want to keep working "a little longer"..).

Also she wants to visit me during that period (that wouldn't be a problem obviously).

It is a 6 month period that I can use the K1 visa, and we would typically want to plan our wedding and have it during the last month of the visa validity, while still visiting each other in the interval.

Good enough?

Makes sense. I found a few links regarding this, such as

http://www.jamaicaobserver.com/news/ask-us-embassy/You-are-allowed-to-have-multiple-visas_17265404

The tricky thing is that holding a non-immigrant visa is predicated upon demonstrating intent not to immigrate. By definition, once you have the K visa you don't meet that test.

If you can clearly demonstrate your plans to the CO during the interview then you can possibly avoid getting the K1 canceled. Also when you visit you'd want to bring proof of clear ties to your home country, e.g., proof of continuing employment, lease, mortage, etc. Probably also very specific plans for what you're going to do in the US when you visit: meet with a caterer, etc.

[vocal 41]

Any particular reason why your fiancee wouldn't visit you instead? Since that's fairly straightforward compared to you visiting and having to explain/prove you don't intend to get married on that particular trip since proving non-immigrant intent might be a hard thing to do when you basically have a visa in your passport demonstrating that you have considerable immigrant intent. (And that's provided your B visa doesn't get CWOP once they issue your K visa.)

You ask a good question. I guess there isn't much reason other than the fact that we wish to explore each other's countries and bond with our families etc...

My fiancee will visit me, but I also would like to visit her.

I was just wondering if it was even possible, or would they deny my entry? Can they even do that? Because if I bring my K1 visa with me then they wouldn't...

[Unlockable 7,315]

ANY person with a visa can be denied at any time. There is never a 100% guarantee of entry in the US with a visa.

[TabeaK 517]

Which country are you from? I have seen one or two cases where Canadians managed to avoid activating the K1 while crossing a land border. But they obviously do not need visa to begin with. Having a K1 and a B1 in parallel is not possible - the B1 will be invalidated upon K1 issue - I have seen this in passports from visa applicants who were interviewed at the same time as I and also was told by the consular officer.

K1 is a single entry visa. You cannot use it to travel back and forth. Why don't you push back your interview at the embassy to a date that better fits your needs? Then you can travel in the meantime.

[vocal 41]

Which country are you from? I have seen one or two cases where Canadians managed to avoid activating the K1 while crossing a land border. But they obviously do not need visa to begin with. Having a K1 and a B1 in parallel is not possible - the B1 will be invalidated upon K1 issue - I have seen this in passports from visa applicants who were interviewed at the same time as I and also was told by the consular officer.

K1 is a single entry visa. You cannot use it to travel back and forth. Why don't you push back your interview at the embassy to a date that better fits your needs? Then you can travel in the meantime.

Thank you for your input! I am from Israel.

Let me ask you a follow-up, will they revoke my visa only after they issue me the K1? Or is it revoked immediately when I file for the K1 (the beginning of the process)?

[TabeaK 517]

When they issue the K1 visa sticker - so all the way at the end.

[Caykay1 71]

I want to visit my fiancee, but still keep working at my job (meaning, to come back to my country). Also my stocks are in vesting period and I will suffer financial damages for leaving my place of work prematurely (that is also why I want to keep working "a little longer"..).

Also she wants to visit me during that period (that wouldn't be a problem obviously).

It is a 6 month period that I can use the K1 visa, and we would typically want to plan our wedding and have it during the last month of the visa validity, while still visiting each other in the interval.

Good enough?[/quote

You can't be visiting and hold on the 90 day period for marriage. moment you enter, you 90 days starts from there. You don't want to contradict yourself and case. You could have waited to start this K1 process until your stocks were plumed or good to be sold. There are millions of people waiting for your opportunity.

Edited May 24, 2016 by Caykay1