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B2 visa granted and applying for K1 Visa

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I have been granted B2 visa and is scheduled for a US trip in February 2017. My boyfriend just proposed to me and would like to process K1 visa. Having been given the B2 visa prior to K1 visa application, will this affect the approval of the K1 visa? I am quite reluctant to proceed with the US trip if the K1 visa is still being processed at that time as the US Immigration might think that I will not go back to my country and just marry my boyfriend. Appreciate your advice.


K1 VISA

11/08/16....I-129F mailed to Lewisville, TX

11/09/16....Delivered at Dallas Lock Box - per FedEx

11/10/16....NOA1 Date on Hard Copy Notice

11/17/16....NOA1 Text and Email. Case sent to CSC

11/21/16....NOA1 Hard Copy Received


xx/xx/xx....NOA2 Text and Email

xx/xx/xx....NOA2 Hard Copy Received

xx/xx/xx....received email post decision activity

xx/xx/xx....NVC Received I-129F

xx/xx/xx....Case Number Received

xx/xx/xx....Embassy Received. Case status set as "Ready

xx/xx/xx....Received NVC letter hard copy from NVC

xx/xx/xx.....Medical

xx/xx/xx....Interview

xx/xx/xx....Visa Issued

xx/xx/xx....Visa in Hand =)

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I have been granted B2 visa and is scheduled for a US trip in February 2017. My boyfriend just proposed to me and would like to process K1 visa. Having been given the B2 visa prior to K1 visa application, will this affect the approval of the K1 visa? I am quite reluctant to proceed with the US trip if the K1 visa is still being processed at that time as the US Immigration might think that I will not go back to my country and just marry my boyfriend. Appreciate your advice.

You are more than welcome to visit the US while you have a pending K1 application. However, as a warning, you will need to show strong ties to the Philippines because you will be under higher scrutiny with the pending K1 visa (https://help.cbp.gov/app/answers/detail/a_id/1247/~/travel-while-k-1-fiance%2Ffiancee-visa-pending); there's no point in trying to lie either because they will immediately have that information in their computer. So my advice would be to either delay filing for the K1 visa until after you have returned home from your visit, or your fiance can file for the K1 now and then visit you instead. Good luck! :)


USCIS Process:
Sent I-130 (via USPS): February 20, 2016
NOA1 hardcopy received: February 26, 2016
NOA2 approval text & email: May 6, 2016 (71 days from NOA1)
Petition sent to NVC text & email: May 11, 2016

NVC Process:
Case number and IIN Assigned: May 26, 2016
Choice of Agent (DS-261) completed: May 27, 2016
AOS Fee Invoiced: May 27, 2016
Pay AOS Fee: May 27, 2016
AOS Fee appeared as PAID: June 2, 2016
IV Fee Invoiced: June 3, 2016
Pay IV Fee: June 3, 2016
IV Fee appeared as PAID: June 6, 2016
IV application (DS-260) completed: June 7, 2016
Sent AOS & IV packets (via FedEx): June 8, 2016
Scan date: June 9, 2016
CC: July 14, 2016 (FINALLY saw 3rd N/A... 35 days after scan date)
Confirmation of CC email received: July 21, 2016
Interview date received over the phone: July 26, 2016

Interview Process:
Interview letter/P4 received via email: August 5, 2016
Medical Exam (@SLEC): August 3-4, 2016

Sputum samples given: August 15-17, 2016

Pulmo Consultation: August 18, 2016 (sputum smear is NEGATIVE!)

Results of sputum culture: October 12, 2016 (NEGATIVE!)

Completed: October 17, 2016
Interview date: October 24, 2016 (APPROVED! case status ISSUED the same day) :content:

Visa ready for pickup @MOA (via 2GO tracking): October 26, 2016

Visa in hand: October 27, 2016

Pay Greencard Fee: October 27, 2016

POE: November 6, 2016 (L)

SSN received (via USPS): November 14, 2016

10-year Greencard received (via USPS): December 17, 2016 (41 days after POE) :dance:

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Thank you for your reply.

In the event though that my K1 visa gets approved prior to my US trip, would I have to get married within 90days from entry in February? Will my K1 visa supersede my B2 visa when I come visit in February? And if we do get married in February, will I be allowed to leave the US to finalize my migration (go back to my country and tender resignation) and just go back? The February trip is a leisure trip with my mom and I would like to know my options whether there is a need to delay the K1 processing so as not to complicate the February trip. Thank you for your advice in advance.


K1 VISA

11/08/16....I-129F mailed to Lewisville, TX

11/09/16....Delivered at Dallas Lock Box - per FedEx

11/10/16....NOA1 Date on Hard Copy Notice

11/17/16....NOA1 Text and Email. Case sent to CSC

11/21/16....NOA1 Hard Copy Received


xx/xx/xx....NOA2 Text and Email

xx/xx/xx....NOA2 Hard Copy Received

xx/xx/xx....received email post decision activity

xx/xx/xx....NVC Received I-129F

xx/xx/xx....Case Number Received

xx/xx/xx....Embassy Received. Case status set as "Ready

xx/xx/xx....Received NVC letter hard copy from NVC

xx/xx/xx.....Medical

xx/xx/xx....Interview

xx/xx/xx....Visa Issued

xx/xx/xx....Visa in Hand =)

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I believe if you had both a valid K1 and a valid B2 it will be up to the officer at the POE as to what you use for entry to the USA.

You should definitely be prepared for him/her to require entry on the K1.

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Thank you for your reply.

In the event though that my K1 visa gets approved prior to my US trip, would I have to get married within 90days from entry in February? Will my K1 visa supersede my B2 visa when I come visit in February? And if we do get married in February, will I be allowed to leave the US to finalize my migration (go back to my country and tender resignation) and just go back? The February trip is a leisure trip with my mom and I would like to know my options whether there is a need to delay the K1 processing so as not to complicate the February trip. Thank you for your advice in advance.

Your tourist visa would most likely be canceled when the K-1 visa is approved.

When you enter with the K-1 visa, you will need to stay and file for AOS/EAD/AP. If you leave before having AP or your green card first, then you will abandon your eligibility to AOS. You would then need to file for a spousal visa in order to return. AP takes 60-90+ days to receive.

If you will not be able to stay yet when entering, then don't. Delay your entry until you can. The K-1 is valid for entry up to 6 months after approval. Check your expiration date and enter before that date. You can also delay the interview, if you need even more time.


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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