VWP -> K1, B2 -> K1 re-entry times

[Archeon 0]

Hi Everyone,

I am aware that if I enter the states under the VWP I am able to leave for a few days then re-enter, again under the VWP at the discression of the boarder guard. However my questions are as follows, as I have been led to believe that different circumstances apply:

1) If I enter America under the VWP to visit my fiancé, then the K-1 visa gets granted, how long do i have to stay outside of america, before re-entering with the K-1 visa?

2) Same question, but if i enter on a visitor visa (b-2), how long do i have to leave america for before re-entering with my K-1?

Many regards,

Arch

[Otto 83]

Hi Everyone,

I am aware that if I enter the states under the VWP I am able to leave for a few days then re-enter, again under the VWP at the discression of the boarder guard. However my questions are as follows, as I have been led to believe that different circumstances apply:

1) If I enter America under the VWP to visit my fiancé, then the K-1 visa gets granted, how long do i have to stay outside of america, before re-entering with the K-1 visa?

The K-1 won't be granted while you're in the US - you'd need to attend the interview and they would keep your passport long enough to issue the Visa and send it back to you.

2) Same question, but if i enter on a visitor visa (b-2), how long do i have to leave america for before re-entering with my K-1?

same as above.

As far as I know there is no time limit to be outside the US when intending to re-enter with the K-1. Theoretically you could leave and return in a matter of days.

[Rosie and David 1]

move visitors Visas are good for 10 years. But visiting is only to be for a short time 2 or 3 months. But you I have heard of people using them to stay up to 6 months. Problem is you can not using it like a PASS and visit time and time again. They think 3 or 4 time over the 10 years is normal.

Also i dont think UK has visa to the U.S. dont they have the NEW E_VISA online and that is an automatic thing for more European countries ??

NOTE the Visitors visa does not do anything to change the K-1 VISA.

As long as you are back in the U.K. for the interview .. no problems.

NOTE the K-1 visa is VALID for 6 months but can only be used ONCE and the clock starts the 90days in which to get married and fill AOS papers, etc.

Rosie and David

[Archeon 0]

Hi Everyone,

I am aware that if I enter the states under the VWP I am able to leave for a few days then re-enter, again under the VWP at the discression of the boarder guard. However my questions are as follows, as I have been led to believe that different circumstances apply:

1) If I enter America under the VWP to visit my fiancé, then the K-1 visa gets granted, how long do i have to stay outside of america, before re-entering with the K-1 visa?

The K-1 won't be granted while you're in the US - you'd need to attend the interview and they would keep your passport long enough to issue the Visa and send it back to you.

2) Same question, but if i enter on a visitor visa (b-2), how long do i have to leave america for before re-entering with my K-1?

same as above.

As far as I know there is no time limit to be outside the US when intending to re-enter with the K-1. Theoretically you could leave and return in a matter of days.

Just to clarify I am aware i need to be in my home country for the interview etc, was just a case of if i went out for 6 months on a tourist visa, came back, did all the interview etc etc which im hoping wont take >6 months, would i have to wait 6 months to then re-enter the states on the K-1

After 5 or 6 phone calls regarding this to various us state departments, regarding VWP, they say u have to be out of america for 90 days after using VWP before re-entering with a K-1 visa, however i find no evidence to back this up anywhere, and would seem odd that to re-enter under VWP u can do after a day of being away, but not with a K-1?

Regards,

Arch

[Lona.C. 16]

I used to use I94 wvp visa wich was good for 90 days , what i was told was you cant stay longer in the US then you stay in your country ,

so for 3 years before we filed for K1 and my K1 was aproved i always calculated how long I stayed in the US

then stayed in my country the same amount + few extra days or a week more ,

kept every recive always had my passport stamped when enter and exit the US ,

told them i needed the stamp for prove I left the US on time and showed it at the K1 interview

[Otto 83]

Just to clarify I am aware i need to be in my home country for the interview etc, was just a case of if i went out for 6 months on a tourist visa, came back, did all the interview etc etc which im hoping wont take >6 months, would i have to wait 6 months to then re-enter the states on the K-1

I kind of figured that - the answer is no, you wouldn't have to wait. Not that I've ever seen anyway - the visa is valid for travel the day it is issued.

[Richard-Joanna 1]

Just to clarify I am aware i need to be in my home country for the interview etc, was just a case of if i went out for 6 months on a tourist visa, came back, did all the interview etc etc which im hoping wont take >6 months, would i have to wait 6 months to then re-enter the states on the K-1

After 5 or 6 phone calls regarding this to various us state departments, regarding VWP, they say u have to be out of america for 90 days after using VWP before re-entering with a K-1 visa, however i find no evidence to back this up anywhere, and would seem odd that to re-enter under VWP u can do after a day of being away, but not with a K-1?

Regards,

Arch

I find that odd as well... but to be honest, I havent looked into it.