Nat&Amy

1 minute ago, Greenbaum said:

http://www.saculbreathlaw.com/blog/?p=93

https://www.immigrationvisaattorney.com/blog/can-a-revoked-visa-be-reinstated/

https://visarefusal.com/214b/

 

I'm not an attorney but what I read and what I have seen is what I have stated. I would highly suggest if there is a doubt either by you or @decfiler that you seen legal consul.

Thank you very much, Greenbaum! I agree with you about not taking any trips that have a stop in the US after your K1 is issued. Regardless of whether the B2 remains valid or not until the K1 gets validated at POE it just sounds way too risky. With all the information provided I am certain both decfiler and Jo&Ryan will be able to make wise decisions.

2 minutes ago, Greenbaum said:

 

When a new visa is issued then all old ones are cancelled. So the K1 visa, when issued, will cancel any old visa's that are still active. A U.S. consulate or embassy will mark the visa “Cancelled Without Prejudice,” which means that the cancellation does not impair your eligibility to obtain a valid visa and enter the United States. If you no longer qualify for a particular visa then the CO can and usually does revoke that visa. Once the CO has your passport they will see the other visa contained there within and they will also see from your paperwork submission and on their computer that you "own" a visa. So, always be honest and you should not have any problems.

I don't understand your post, could you please provide clarification?

Are you suggesting that decfiler will have his B2 visa cancelled but he should travel anyway, even if that is a trip he intends to take prior to going to the US to get married? The IO will see he has a visa, yes, the K1, which is a one-entry only. Is that correct?

And also, could you please point me towards the official source which states that the B2 visa will get cancelled without prejudice as soon as the K1 visa is issued? I am asking because that contradicts information shared by other Brazilian travellers so I find it important to know all the facts

50 minutes ago, Jo&Ryan said:

I'm concerned about this too. I have my tourist visa as well

Hi Jo&Ryan, are you also planning to take an international trip prior to travelling to the US on a K1 visa? 

I know flights without a stop in the US tend to be more expensive but if you book them in advance you might find some good deals.

27 minutes ago, decfiler said:

This was one of my concerns. I do have a tourist visa valid for 10 years to the US but I understand this will be cancelled when k1 is issued right ? 

Not necessarily. In Brazil, for example, K1 holders don't always have their B2 visa cancelled.

As to how things work in other Embassies, I recommend contacting them directly  (I have contacted the Consulate in Rio more than once and they have always been very helpful). 

The issue remains, though, what will happen when you go through Immigration once you get to the US.

I have a valid B2 visa too and if I were in your shoes I would not risk it, but maybe other VJers here have successful stories they would like to share.

2 hours ago, decfiler said:

Hello fellow December filers! Just wanted to see if you have some thoughts about my query. I am currently residing in Bermuda but Im a Filipino citizen, say I get the K1 visa issued here in Bermuda. Is the visa only valid entry from Bermuda to US or I can go home to the Philippines and POE would be Philippines to US? 

The visa does not specify where your journey should begin, but be careful when planning international trips after your visa is issued. If by any chance your flight from Bermuda to the Philippines makes a stop in the US, airlines will check if you have a valid American visa for transit and even if they accept your K1, chances are your visa will be activated when you go through Immigration in the US (which would be a huge problem if you continued your trip to the Phillipines because the K1 is a one-entry only visa).

Your safest option would be to book a flight that does NOT stop anywhere near the US until you are ready to stay for good.

41 minutes ago, Ducker said:

Hi folks, my dearest sympathies to those with RFEs, denials, and no NOA2 yet.  I suppose I should feel very fortunate.  

 

Has anyone in NOA2 had their case assigned but sit "at NVC" for over two weeks?  I was hoping to breeze through this step, but still waiting for it to be sent overseas since case assignment on July 5th.

 

I am in the same situation. NOA 2 on June 15, case assigned on July 6.

Still 'at NVC'. Next available date for interview in my country is Aug. 21 and at this rate I'd be lucky to get an appointment in early or mid Sep...

7 hours ago, A_R said:

 

 

1.Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

I answered YES giving the explanation that my current case details – case id, recd date, etc.

 

The correct answer is actually NO.

The K1 visa is a non-immigrant visa (with the intent to immigrate). Your current petition does not count.