Hypothetical K1 Question

[pushbrk 12,752]

FYI a non-emergency AP should take around 3 months. Also, your planned trip is during the holidays so even if you apply for an emergency AP it make take a little longer.

Emergency AP is generally either denied or granted on the spot. The larger complication is the marriage would have to occur first.

Trying this is a bad idea, IMO unless you see the CBP in Dublin where you have the option of turning around and going home without using your ticket.

[Gage 2]

Not really a useful comment for the OP, but me just venting my frustration. This is an example of just how silly, capricious, and moribund with red rape our government has become...especially when it comes to entry. They'd like us to think it's to protect us from illegal immigrants or terrorists with briefcase nukes, but it's all just smoke and mirrors. My fiancee' and I fall in to the same category as the OP. She's got a B-2, and yet we've filed for a K-1. Even if the K-1 is approved early, we don't plan on her moving here until at least late next summer due to financial reasons and the fact I'm job hunting (already have a full time job, just looking to relocate). We'd like her to be able to come and go on her B-2 until we're ready to have her move, but I recognize that's risky since the K-1 has been filed, and probably downright impossible after it's already entered in her passport.

The big question is "why?"

The answer we're given is that the application of a K-1 (if the POE even can see a pending application, which is arguable) or the approval of same, shows immigrant intent. We wouldn't want to let you in on a B-2 because your K-1 makes it look like you want to move here! Does this just boggle everyone's mind, or is it just me? Of course there's immigrant intent, you idiots! She's been approved for a K-1, hasn't she? She's going to move here at some point or another, that much is guaranteed once the K-1 is approved. Does it truly make any difference whether she stays now or later?

Okay, I'm done venting. I feel much better now.

[Otto 83]

I was just wondering if were at all possible to enter the U.S. on the VWP, when you already have a K1 in your passport? The reason I ask, is that I won't be ready to move full-time until March, but might want to spend a week at Christmas over there.

Could that be explained at the POE, or is it simply not doable?

The only people I've ever heard to have successfully done this (entered without using the K1) were folks from Canada. I can not imagine any POE CBP officer not using the K1 Visa. Not worth the 'risk' of starting the clock earlier than intended - not if you're flying.

[Nich-Nick 3,354]

The answer we're given is that the application of a K-1 (if the POE even can see a pending application, which is arguable)

They can not see a pending K1 at the airport. I've asked the CBP national customer service rep and twice at the airport when going through immigration. Their databases are overstays, criminals, terrorists and such. Being curious and having the opportunity, I just say "so what's on your computer there? What do you look up when foreigners come through here? Do you have access to who has applied for a K visa?"

[Gemmie 142]

Yeah, it's pretty obvious they don't know about the K1 when travelling unless you tell them. I've never been asked about it, and I can tell it's something they would use if they knoew.

Also, about the arguement of "I'm going to use the K1 to move anyway, so why does it matter WHEN?" don't forget that you need to give them the appropriate paperwork when using the K1. I've heard about problems just losing that brown envelope, even.

Edited December 5, 2008 by Gemmie

[Big Papa Zone 93]

Trying this is a bad idea, IMO unless you see the CBP in Dublin where you have the option of turning around and going home without using your ticket.

Brilliant. So obvious when you think about it, but that's just it - I never would have thought about it.

Pushbrk delivers again - I'm gonna have to start calling him DHL.

The answer we're given is that the application of a K-1 (if the POE even can see a pending application, which is arguable) or the approval of same, shows immigrant intent. We wouldn't want to let you in on a B-2 because your K-1 makes it look like you want to move here! Does this just boggle everyone's mind, or is it just me? Of course there's immigrant intent, you idiots! She's been approved for a K-1, hasn't she? She's going to move here at some point or another, that much is guaranteed once the K-1 is approved. Does it truly make any difference whether she stays now or later?

Yep, we're very obviously singing from the same hymn sheet here - it's utterly retarded.