K Visa Questions

[langl3y]

Hello everyone, I have a fiancee in the Philippines and we would like to know the best way for her to come to the U.S.

Here are some of the questions we have:

She currently holds a multiple entry B1/B2 tourist visa, what will happen to that visa is she gets a K1 visa?

We absolutely have to hold the wedding ceremony in the Philippines. Will we be able to have a wedding over there first and then come to the U.S. right away for a second civil wedding on a K1 visa? Will there be problems later on in the petition?

If we have to get married in the U.S. first, will she be able to go back to the Philippines right away on "Advance Parole" so we can hold the actual wedding ceremony over there? Hopefully in a matter of weeks, not months.

If we get married in the Philippines first and I petition her for the K3 spousal visa. Will she be able to come to the U.S. with her B1/B2 visa while the petition is pending?

And finally, would you recommend that we file the petition using third party Visa Services or with an Immigration lawyer or do you think they are not necessary for K1/K3 visas.


Thank you for your time and help.

Sincerely,

Robert T
New York

 

[Triple Citizen]

The consul may cancel it.

She currently holds a multiple entry B1/B2 tourist visa, what will happen to that visa is she gets a K1 visa?

Reverse the order. Have a civil ceremony in the US. File her AOS. Acquire an AP for her and then have the ceremony in the Phillippines.

We absolutely have to hold the wedding ceremony in the Philippines. Will we be able to have a wedding over there first and then come to the U.S. right away for a second civil wedding on a K1 visa?

Yes, but give yourself a little more time to get the AP. Give it 90 days in my opinion.

If we have to get married in the U.S. first, will she be able to go back to the Philippines right away on "Advance Parole" so we can hold the actual wedding ceremony over there? Hopefully in a matter of weeks, not months.

She might be turned away at the airport, bear that in mind.

If we get married in the Philippines first and I petition her for the K3 spousal visa. Will she be able to come to the U.S. with her B1/B2 visa while the petition is pending?

Your case is straight forward. I recommend a DIY.

And finally, would you recommend that we file the petition using third party Visa Services or with an Immigration lawyer or do you think they are not necessary for K1/K3 visas.