K3 travel restrictions

G

GlobalTraveller

Registered Users (C)
Hello all,

does anyone know the travel restrictions attached to K1 and K3 visa, with regards to traveling to and from the US for business on a B1 whilst the visa application is pending?

I travel to the US frequently for business and so would need to be able to use my B1 until such time as the K3 is issued.

My fiancee (USC) and I are planning to marry in March 2008, in the US, and then apply for a K3 as oppossed to applying for a K1 and then marrying, as with the K1 I then have to apply for advance parole to leave the US (for how long do I have to do this?), whereas the K3 (once I have it) is a multiple re-entry.

Many thanks
 
You can travel whilst the application is in process. Though be aware that the officer at POE may be aware that you have a K3 pending, therefore it is highly advised that during each visit you bring with you strong ties to your home country to prove that you are going to leave the states when you say you will (eg, mortgage papers, rental/lease agreements, car loan payments, letter from employer about when youre due back etc). Though never show this evidence unless youre asked for it.
 
I traveled to the US while my K-1 was in the works and I even traveled after I was issued my K-1 without using my K-1 visa.

GlobalTraveller said:
does anyone know the travel restrictions attached to K1 and K3 visa, with regards to traveling to and from the US for business on a B1 whilst the visa application is pending?
Click to expand...
 
yes I have annually get issued a B1 on a 12 month basis. It is due to be renewed in October. We will then apply for the k3 in March 2008 after the wedding. The wait time is such that I will definitely have to renter the US for business in June 2008, well before the k3 is likely to be issued. I do not want to be penalised for entering the US on a non-immigrant visa whilst an immigrant visa is pending. I have searched for this information from official sources but it is always difficult to assertain exactly the rules.

As long as I can travel on a B1 whilst the k3 is pending, then I can go ahead and start organising the paperwork and wedding etc.
 
You can travel on B-1 while K-3 is pending.
You can travel on B-1 while an immigrant visa is pending.
If at the border you are asked about K-visa or immigrant visa, your entry will most likely be denied
 
I have an email from an immigration attorney that seems to suggest that if we marry then we can apply directly for AOS and I may not have to leave the US at all (unless I need to with advance parole, of course).

Does anyone have any experience with this? Does it negate the need for applying for the K3 visa?
 
That is not the right way to do things. If they suspect you will have entered US in order to apply for AOS, you may be in trouble
 
Yeah, that's what I figured, but it came from an attorney, so I thought it was worth checking out. This stuff is a nightmare! I think we are just going to have to go to a lawyer and get some proper legal advice.
 
An attorney cannot give a legal advice like that. If he does, he does not looks like an honest attorney
 
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