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Visiting on a B1 with K1 visa in hand?

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Filed: Citizen (apr) Country: Thailand
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Is it possible for someone with a K1 visa (not yet used) to apply for and enter the US on a B1 for a visit, then leave the US and return on the K1 before it expires?

Why in the world would you want to do that? :unsure:

That makes no sense at all!

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

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Filed: Timeline
Its my understanding that you are allowed to posses only one vailid visa at a time.

I'm sorry, but your understanding appears incorrect according to FAM 41.113. It seems possible for one person to hold multiple simultaneous visas so long as they are not in the same class. I would think that B1 and K1 are in different classes but I cannot be certain.

Why in the world would you want to do that? :unsure:

That makes no sense at all!

When a fiancee enters the US on a K1, she needs to legally marry, then apply for AP and receive it before being able to leave the US without abandoning her status...a period of 2-4 months, optimistically. If such a person needs to be somewhere outside the US within that timeframe, then the only options are to 1) enter on the K1 and apply for a legitimate emergency AP; 2) delay entry into the US on the K1; or, 3) enter the US on a different visa. This is certainly an unusual circumstance but not an insensible one.

I would think that applying for a B1 with a K1 in hand would be legitimate if the fiancee does not have sufficient grounds for an emergency AP (e.g. illness or death). The fiancee would enter for a visit on a B1 with the intent to leave and return later on a K1. The proof of non-immigrant intent on the B1 at the POE would seem quite logical: the fiancee has already been granted a K1 which is essentially an immigrant visa, and not only does she have to leave the US in order to use it, she has no incentive at all to falsely represent herself on the B1.

I thought I had seen a prior VJ post by someone who had successfully entered the US on a B2 with an approved K1, but I believe that person had the B2 already in hand.

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Filed: Other Country: Germany
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A B1 is a business-travel visa and is only issued if you can show that you want to visit the US for business reasons. As such you would need an invitation from a company or a letter from a client indicating the purpose of your journey.

If you want to visit as a tourist, you need a B2-visa. I don't know what the procedures would be for someone from Korea or if you need an invitation. However, even if the visa were granted, you will need to be prepared to by denied at POE or that you will have to produce evidence of your intention to return to your home country.

Permanent Green Card Holder since 2006, considering citizenship application in the future.

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Filed: Citizen (apr) Country: Canada
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Is it possible for someone with a K1 visa (not yet used) to apply for and enter the US on a B1 for a visit, then leave the US and return on the K1 before it expires?

I have read on here before where someone did exactly that - they went to the POE and told the USCIS agent that they intended to return later and bring all their belongings, obviously unaware that the K-1 is a single entry visa. The agent informed them of this fact, and granted them entry on a B-2 instead, so that they could use the K-1 when they entered along with their belongings.

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Filed: Timeline
A B1 is a business-travel visa and is only issued if you can show that you want to visit the US for business reasons. As such you would need an invitation from a company or a letter from a client indicating the purpose of your journey.

If you want to visit as a tourist, you need a B2-visa. I don't know what the procedures would be for someone from Korea or if you need an invitation. However, even if the visa were granted, you will need to be prepared to by denied at POE or that you will have to produce evidence of your intention to return to your home country.

Yes, you're right. I meant B2 (tourist) not a B1 (business). That'll teach me to post something in the wee hours of the night... :blink:

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You don't have to use the K-1, you have up to 6 months to use it.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: Citizen (apr) Country: Thailand
Timeline
When a fiancee enters the US on a K1, she needs to legally marry, then apply for AP and receive it before being able to leave the US without abandoning her status...a period of 2-4 months, optimistically. If such a person needs to be somewhere outside the US within that timeframe, then the only options are to 1) enter on the K1 and apply for a legitimate emergency AP; 2) delay entry into the US on the K1; or, 3) enter the US on a different visa. This is certainly an unusual circumstance but not an insensible one.

For this reason it makes sence, but it sounds like it would be much easier, and cheaper, to just wait and have your fiancee enter after what ever even she is waiting for to occur, i.e. your option 2, but that is definitely your decision.

Good luck with what ever option you decide to try.

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

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Is it possible for someone with a K1 visa (not yet used) to apply for and enter the US on a B1 for a visit, then leave the US and return on the K1 before it expires?

Reportedly, when you get a K1, your tourist visa is cancelled. However, I am planning to ask the consular officer to leave my B1/B2 alone, just in case.

Bartek

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