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I-129 Approved. Once K1 approved, can you use Visitors Visa?

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  • I-129 Approved. Once K1 approved, can you use Visitors Visa?

    Hello,
    Our I-129 was approved and we are now going thought phase two via the US embassy in the UK. My question is once K1 is approved, can my fiancé use a Visitor’s Visa to come over to the US to visit and go back to UK without jeopardizing K1 Visa? Thanks for your help!

  • #2
    A visitor visa is hard to use when there is immigrant intent present. Your fiancee should not attempt this, there is a high risk of being denied entry and though it may not jeopardize the K1 application, it surely will be a waste of time and money.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thank you so much for your input. Since she is from the UK, she does not even need to apply for it, as it is granted upon travel at the Airport. The idea was that she is needed in the US as we are planning the wedding and we wondered if she can travel via Visitors Visa, since K1 can only be used to enter US once.

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      • #4
        That is not a Visitor Visa, that is the Visa Waiver Program and it also requires non-immigrant intent. She is no longer a visitor, she plans on getting married and living in the USA.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          So someone who could have gone to the US at any given moment via the Visa Waiver Program can no longer use that to visit the US, if K1 is in the process? She would still be “non-immigrant intent”, as she would be going back to the UK. It’s not like she is going to stay in the US before K1 is granted. Should she just wait till K1 is approved then? Thanks!

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          • #6
            She can try to come, but like I said the chances of being granted entry are very low. I would just wait for the K1
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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