Can my wife travel with Tourist Visa?

[DanMeirian 10]

My wife arrived in the U.S. in 2018 from Brazil with a Tourist Visa for a visit. The Visa expires in 2028. She then arrived in January of this year on a K-1 Visa. We were married in March. We have filed the authorization to travel and the change of status. We were told today that it would be another 4-6 months before her paperwork is processed.  She planned on traveling in November, 3 months from now because of a court date.  My question is karma is she able to still travel with her tourist Visa while awaiting the processing of her paperwork? Any assistance would be greatly appreciated.

[Quarknase 1,072]

5 minutes ago, DanMeirian said:

My wife arrived in the U.S. in 2018 from Brazil with a Tourist Visa for a visit. The Visa expires in 2028. She then arrived in January of this year on a K-1 Visa. We were married in March. We have filed the authorization to travel and the change of status. We were told today that it would be another 4-6 months before her paperwork is processed.  She planned on traveling in November, 3 months from now because of a court date.  My question is karma is she able to still travel with her tourist Visa while awaiting the processing of her paperwork? Any assistance would be greatly appreciated.

No. If she travels before she has her advance parole in hand, her AOS is considered abandoned and you will have to start over with a spousal visa while she is abroad.

With a court date, I could imagine that it’s possibly a valid reason to expedite the AP. Have you tried that?

[Letspaintcookies 2,197]

24 minutes ago, DanMeirian said:

My wife arrived in the U.S. in 2018 from Brazil with a Tourist Visa for a visit. The Visa expires in 2028. She then arrived in January of this year on a K-1 Visa. We were married in March. We have filed the authorization to travel and the change of status. We were told today that it would be another 4-6 months before her paperwork is processed.  She planned on traveling in November, 3 months from now because of a court date.  My question is karma is she able to still travel with her tourist Visa while awaiting the processing of her paperwork? Any assistance would be greatly appreciated.

Her travel visa is basically not existent anymore. Even if it says it's valid till 2028 it got revoked by the time she got the K1.

Edited August 7, 2020 by Letspaintcookies

[aaron2020 11,651]

Once she filed for AOS, she needs AP in hand before leaving the US in order to be able to return to the US.

A tourist visa requires non-immigrant intent.  So, it's useless since she has demonstrated immigrant intent.

Edited August 7, 2020 by aaron2020

[DanMeirian 10]

26 minutes ago, Quarknase said:

No. If she travels before she has her advance parole in hand, her AOS is considered abandoned and you will have to start over with a spousal visa while she is abroad.

With a court date, I could imagine that it’s possibly a valid reason to expedite the AP. Have you tried that?

We called USCIS and she told us they couldn't do anything as of yet but we would like to purchase tickets. Can't do that unless we know she can travel. So we're stuck. Who would we contact to expedite?

[Quarknase 1,072]

Just now, DanMeirian said:

We called USCIS and she told us they couldn't do anything as of yet but we would like to purchase tickets. Can't do that unless we know she can travel. So we're stuck. Who would we contact to expedite?

You can call the hotline and give them the receipt number of your I-131 application and state that you would like to put in a request for expedite. You can explain the reasons. They might contact you afterwards to provide proof (court date documentation).

[Greenbaum 12,258]

6 hours ago, DanMeirian said:

We called USCIS and she told us they couldn't do anything as of yet but we would like to purchase tickets. Can't do that unless we know she can travel. So we're stuck. Who would we contact to expedite?

Anyone can ask for their case to be expedited but must follow certain criteria. https://www.uscis.gov/forms/expedite-criteria  If accepted or denied neither have an impact on any other process toward a visa. 

 

1. For USCIS refer to https://www.uscis.gov/forms/forms-information/how-make-expedite-request
2. For NVC they expedite K-1 visas already.
3. For Embassies; An expedited request requires you to contact them either through email or a phone call. Most embassy don't grant expedited visas but only in the case of an emergency. Check with your embassy for additional details.

 

 

Chapter 5 - Requests to Expedite Applications or Petitions

 

Benefit requestors may request USCIS to expedite the adjudication of their applications or petitions. USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS.

[DanMeirian 10]

8 hours ago, Greenbaum said:

Anyone can ask for their case to be expedited but must follow certain criteria. https://www.uscis.gov/forms/expedite-criteria  If accepted or denied neither have an impact on any other process toward a visa. 

 

1. For USCIS refer to https://www.uscis.gov/forms/forms-information/how-make-expedite-request
2. For NVC they expedite K-1 visas already.
3. For Embassies; An expedited request requires you to contact them either through email or a phone call. Most embassy don't grant expedited visas but only in the case of an emergency. Check with your embassy for additional details.

 

 

Chapter 5 - Requests to Expedite Applications or Petitions

 

Benefit requestors may request USCIS to expedite the adjudication of their applications or petitions. USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS.

Thank you all.

[geowrian 22,335]

First, upon exit from the US without valid AP, her AOS application will be automatically abandoned. She must have AP to leave without abandoning the process.

 

With a K-1 visa and recent AOS application:

1) The validity of her visa (if not marked as such yet) is questionable.

2) Entry on a tourist visa with a recent AOS application is highly unlikely due to immigrant intent.

3) Entry on a tourist visa with intent to stay is fraud. That's why she had to get a K-1 visa in the first place....it allows you to enter with intent to stay.

 

Moving forward...

1) Try to expedite AP.

2) Hope for AP approval before that date.

3) Don't go. Or go but be willing to start over with a spousal visa (and likely not being able to visit the US in the meantime).

Edited August 7, 2020 by geowrian

[JFH 12,189]

*~*~*moved from “K-1 fiancé visa progress reports” to “working and traveling”*~*~*

[Amadia 711]

If she arrived here using K1, even though she held a B1/B2 visa, wasn't her B1/B2 visa stamped over as CANCELED WITHOUT PREJUDICE?

Not sure how it works for K1 applicants but I know if you have a B1/B2 visa and come in on a IR1/CR1 visa, it gets stamped over and basically makes it null and void.

[geowrian 22,335]

SOP is to cancel any other NIV when issued a K visa. Although it is not technically required or automatically done...and I can think of at least a handful of cases where it has happened and people actually visited -> returned abroad -> came back with the K-1 fine.

The visa could have been canceled in the system and just nothing marked on the physical visa.

 

Either way, a tourist visa is not going to address any of the items she needs here. She needs AP to leave and return. Or if not, she will need to start over with a spousal visa if she exits without AP.