Is our tourist visa still active?

[BigBen17 1]

Hi,

 

My wife a filipino national had a tourist visa prior to our marriage. We filed for a K1 and got approved and is waiting for her green card here in the states. We did not file for AOS for her tourist Visa, but for her K1.

 

When she got her K1 does that automatically cancel out her tourist visa or can she have two concurrent visas?

 

Asking because we have a trip for a wedding in Mexico and did not know that Filipino Nationals needed a tourist visa for Mexico. She is legally able to be here in America and has her EAP card and her advance parole to re-enter the United States. I know she cannot enter Mexico with just a EAP card because it is not a permanent resident card.

 

We tried calling the Mexican Consulate all over California to ask questions but we just talk to a robot and get hung up on before even talking to a person.

 

I do know if she holds a US Visa (her tourist visa) that is not expired she can enter Mexico easily. 

 

Thank you!

[Chancy 6,233]

9 minutes ago, BigBen17 said:

When she got her K1 does that automatically cancel out her tourist visa or can she have two concurrent visas?

 

Even if her B visa was not physically cancelled, it was very likely cancelled in the DOS system when she was issued her K1 visa.

 

[BigBen17 1]

8 minutes ago, Chancy said:

 

Even if her B visa was not physically cancelled, it was very likely cancelled in the DOS system when she was issued her K1 visa.

 

Would the Mexican government have this info our would they just simply look at the visa and be okay?

[JeanneAdil 6,259]

Again,  as a great fan of youtube border patrol ,if the B2 visa is cancelled ,  she can not return to the US

the K1 , itself ,  is a 1 time entry US CPB would not have to let her back in

 

and Mexico border patrol can look up all kinds of records from your passport bar code itself ,  so,  yeah,  if B2 cancelled by US ,  its going to show as soon as passport is scanned.

[Chancy 6,233]

2 minutes ago, JeanneAdil said:

Again,  as a great fan of youtube border patrol ,if the B2 visa is cancelled ,  she can not return to the US

the K1 , itself ,  is a 1 time entry US CPB would not have to let her back in

 

US re-entry is not going to be an issue for the OP's wife.  First post states that she already has AP.

 

[beloved_dingo 1,939]

38 minutes ago, BigBen17 said:

Hi,

 

My wife a filipino national had a tourist visa prior to our marriage. We filed for a K1 and got approved and is waiting for her green card here in the states. We did not file for AOS for her tourist Visa, but for her K1.

 

When she got her K1 does that automatically cancel out her tourist visa or can she have two concurrent visas?

 

Asking because we have a trip for a wedding in Mexico and did not know that Filipino Nationals needed a tourist visa for Mexico. She is legally able to be here in America and has her EAP card and her advance parole to re-enter the United States. I know she cannot enter Mexico with just a EAP card because it is not a permanent resident card.

 

We tried calling the Mexican Consulate all over California to ask questions but we just talk to a robot and get hung up on before even talking to a person.

 

I do know if she holds a US Visa (her tourist visa) that is not expired she can enter Mexico easily. 

 

Thank you!

I don't know if I'm missing something here but can she not apply for a Mexican tourist visa with her passport from the Philippines? Her prior U.S. tourist visa is non-existent at this point. 

 

Mexico and Canada have a lot of access to U.S. immigration info because of course, it is necessary for border countries to have this info.

[Timona 3,970]

Her US B-2 visa has nothing to do with Mexico. She needs to apply for a Mexican visa if her Filipino PP doesn't give her visa free entry. 

 

That B-2 that she has was already voided when she got K-1. 

 

She has AP. So she can leave and come back to US. No problem. However, wherever she goes to, she needs to get proper visa for that particular country. That has nothing to do with her US AP. 

[BigBen17 1]

14 minutes ago, beloved_dingo said:

I don't know if I'm missing something here but can she not apply for a Mexican tourist visa with her passport from the Philippines? Her prior U.S. tourist visa is non-existent at this point. 

 

Mexico and Canada have a lot of access to U.S. immigration info because of course, it is necessary for border countries to have this info.

She can apply but we are leaving next week and did not know she needed a visa.

[Boiler 43,764]

Some countries will give people a pass if they have a US visa

 

Sometimes they cancel a B when issuing a K but not it appears always

 

I am not aware of any rule on this

[beloved_dingo 1,939]

26 minutes ago, Boiler said:

Some countries will give people a pass if they have a US visa

 

Sometimes they cancel a B when issuing a K but not it appears always

 

I am not aware of any rule on this

Yes if she did have a valid U.S. tourist visa she could use that to enter Mexico (or Canada): https://help.cbp.gov/s/article/Article-751?language=en_US

 

It is a gray area on whether the B will be canceled in the system or not. A visa is valid until expiration unless canceled or revoked...but she can no longer claim to be a U.S. tourist after entering on a K-1 and filing AOS. Also, they are pretty far into the AOS process - already have EAD and AP. I think the odds of that tourist visa being viable has gone down considerably the longer she has been in the U.S. 

 

@BigBen17 What is the expiration date on her tourist visa?

Edited July 13, 2022 by beloved_dingo

[Boiler 43,764]

As far as I can tell the Consulate cancel it or do not

 

They should have marked it if they did.

[beloved_dingo 1,939]

Just now, Boiler said:

As far as I can tell the Consulate cancel it or do not

 

They should have marked it if they did.

I've been researching the issue and cannot find a clear answer, especially since the visa in question is being used to enter a different country and not the U.S. Visa holders can have more than one valid visa (tourist + student visa, for example) and can just use whichever one is appropriate when entering the U.S. Not relevant to the OP, because she doesn't need her tourist visa to enter the U.S. since she has AP (and they wouldn't let her enter on the tourist visa if she tried - that ship has sailed). So logically, if she cannot use that visa to enter the U.S., she should not be able to use it to enter Canada or Mexico. But "shouldn't be able to" doesn't necessarily equate to "won't be able to".

 

Personally, I wouldn't risk it but if OP doesn't mind the potential risk of her being denied entry to Mexico, they can try. 

[BigBen17 1]

15 minutes ago, beloved_dingo said:

Yes if she did have a valid U.S. tourist visa she could use that to enter Mexico (or Canada): https://help.cbp.gov/s/article/Article-751?language=en_US

 

It is a gray area on whether the B will be canceled in the system or not. A visa is valid until expiration unless canceled or revoked...but she can no longer claim to be a U.S. tourist after entering on a K-1 and filing AOS. Also, they are pretty far into the AOS process - already have EAD and AP. I think the odds of that tourist visa being viable has gone down considerably the longer she has been in the U.S. 

 

@BigBen17 What is the expiration date on her tourist visa?

Expiration isn't until 2026 not sure of month i think Oct. She's only been in the US since last year.

[Boiler 43,764]

I doubt it will be an issue as she has a visa and AP and if it is $20 will fix it

[BigBen17 1]

8 minutes ago, Boiler said:

As far as I can tell the Consulate cancel it or do not

 

They should have marked it if they did.

There are no markings on the Visa. The Visa is on her old passport, for she got a new one recently because the other one. We sent them both in before she got her K1 and no marks to her B2