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Can you hold a K1 Visa and Visitor ESTA at same time?

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  • Can you hold a K1 Visa and Visitor ESTA at same time?

    Hi,

    I would appreciate if anyone familiar with immigration laws could give their advice on this situation.

    My fiance has her K1 visa, she will be coming into the US on 1/27. We will be getting married on 3/25. However, we have plans to go on our honeymoon outside of the US on 4/15. We have already purchased tickets and accommodations.

    From what I've been reading:
    1) The K1 Visa is valid for only 1 entry. If she leaves the US she will not be allowed back in unless she is granted Advance Parole.
    2) Advance Parole takes 45-90 days to process and granted when you are pending Adjustment of Status (waiting green card)?

    Can my fiance enter on 1/27 with a visitor ESTA, we have a ceremony but do not get legally married, we leave for our honeymoon (outside of US) on 4/15, and when she returns from the honeymoon to the US she will use her K1 fiance visa. Upon returning, we will go through the legal marriage process and apply for AoS. Is this okay?

    also,
    Can she apply for Advance Parole before we are married?

    Thanks,
    B

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