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Return on tourist visa while having a fiance visa?


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I am trying to find out the following info and have not been able to find any info.

If my fiance has a 1 year tourist visa and then comes to the US on a fiance visa during the time the tourist visa is still valid (ie having both visas with the tourist visa obtained first), can she travel back and forth on the tourist visa between the US and China?

 

My understanding is that typically with a fiance visa one has to stay in the US until a Green Card (3-6 months+) is received otherwise there can be some issues with returning back to US for a number of years. I know that there is an appeal process, but "outstanding" reasons need to be provided.

 

Any thoughts? links would also be appreciated.

 

Thanks!

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I believe if your fiancee gets the K-1 visa after her B-2, the previous tourist B-2 visa will be void. Someone will correct me if I am mistaken.

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Traveling home after entry on K-1 without either an AP document or Green-Card will require a new visa petition to be filed either K-1 if not married, or CR-1 if married.

 

Process:

 

  1. Enter on K-1
  2. Marry
  3. File I-485/I-765/I-131
  4. Can travel home with AP doc from the I-131 filing, or Green-card from I-485 filing (Doing so prior to getting either will get adjustment of status canceled)

 

Having tourist visa will not protect Adjustment of status process.

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