VWP after K1

[jkminney 30]

If my fiance entered on a K1 visa but due to family circumstances had to return home is he still able to travel here under the VWP? I realize he would still need to provide plenty of evidence showing ties back home....but other than that can he just come over like he used to or apply for a tourist visa?

[Otto 83]

If my fiance entered on a K1 visa but due to family circumstances had to return home is he still able to travel here under the VWP? I realize he would still need to provide plenty of evidence showing ties back home....but other than that can he just come over like he used to or apply for a tourist visa?

Has this happened? Or are you thinking of this happening? (Its important to know) The short answer is 'probably not in the way you think.'

[jkminney 30]

It is happening. He will be going back in a couple days. I realize he wouldnt be able to come back for us to use the K1 visa again. I'm just wondering if he's able to come back and visit like a normal visit for a wk or 2 like he used to do PRIOR to having had the K1. Like I said I realize he would have to bring proof of ties to the UK with him but I just don't want to have to worry about him having a bad time getting in. He never has had any issues before and he's stayed a whole lot longer than a couple wks but I'm worried about that visa being in the passport and them thinking he's trying to pull a fast one which he wouldnt be

[Otto 83]

It is happening. He will be going back in a couple days. I realize he wouldnt be able to come back for us to use the K1 visa again. I'm just wondering if he's able to come back and visit like a normal visit for a wk or 2 like he used to do PRIOR to having had the K1. Like I said I realize he would have to bring proof of ties to the UK with him but I just don't want to have to worry about him having a bad time getting in. He never has had any issues before and he's stayed a whole lot longer than a couple wks but I'm worried about that visa being in the passport and them thinking he's trying to pull a fast one which he wouldnt be

This is NOT advisable if at all possible.

Is there some emergency? Am not trying to pry but what could end up happening is, if he returns right now - he would need to get the Visa revalidated/reaffirmed at the Embassy and they'll ask for good reason to do so.

The best thing to do - if the need to return is not urgent is get married as soon as possible and file the AOS (and AP). With AP (Advance Parole) he could travel back with much less hassle.

Edited May 14, 2010 by Otto und Karin

[jkminney 30]

It's not urgent but it's something he needs to do. We won't ever be going the K1 route. Unfortunately due to his mothers health he feels he needs to be with her and I'm not the type of person to say he has to choose. We are going to continue our relationship long distance and ultimately live in Ireland so I'm not worried about getting the K1 extended or anything like that...just need to know if he would from here on out need to have a visitors visa or is he still able to enter the U.S. on under the VWP...getting married and staying here isn't ever going to be the situation...does that make sense? lol

[Usui Takumi 1,562]

It's not urgent but it's something he needs to do. We won't ever be going the K1 route. Unfortunately due to his mothers health he feels he needs to be with her and I'm not the type of person to say he has to choose. We are going to continue our relationship long distance and ultimately live in Ireland so I'm not worried about getting the K1 extended or anything like that...just need to know if he would from here on out need to have a visitors visa or is he still able to enter the U.S. on under the VWP...getting married and staying here isn't ever going to be the situation...does that make sense? lol

Ah I see. It shouldn't be a problem if he leaves within 90 days of his entry on the K1. A few things you can do to be safe in the future is if he brings proof of ties to the UK and try to fly via one of the Irish airports that has a US port of entry. That way if for some reason he is denied entry he'll be close to home.

[Rebecca Jo 1,962]

I've followed your story a bit and just want to add some advice for you as you have plans of moving abroad.

I've never been able to tell for certain if you fiance resided in the North or in the Republic. If he resides in the North and it is your plan to reside there, I'd suggest you visit uk-yankee.com and learn about the UK immigration system. UK immigration is changing dramatically and it may be a good idea for you to immigrate before July of next year.

As far as your original question, if your man leaves before the date on his I-94, he should be able to use the VWP in the future. Whether or not the K1 in his passport could be a potential barrier, I doubt. If I were him, when I got back home I'd go ahead and get myself an ESTA approval. I would guess that any entry he attempts in the future WILL be heavily questioned.

[payxibka 10,045]

When in doubt, have him apply for a tourist visa

[jkminney 30]

I've followed your story a bit and just want to add some advice for you as you have plans of moving abroad.

I've never been able to tell for certain if you fiance resided in the North or in the Republic. If he resides in the North and it is your plan to reside there, I'd suggest you visit uk-yankee.com and learn about the UK immigration system. UK immigration is changing dramatically and it may be a good idea for you to immigrate before July of next year.

As far as your original question, if your man leaves before the date on his I-94, he should be able to use the VWP in the future. Whether or not the K1 in his passport could be a potential barrier, I doubt. If I were him, when I got back home I'd go ahead and get myself an ESTA approval. I would guess that any entry he attempts in the future WILL be heavily questioned.

If he has a prior ESTA approval...they are good for 2 years I believe he shouldnt have to do it again should he?

[Rebecca Jo 1,962]

If he has a prior ESTA approval...they are good for 2 years I believe he shouldnt have to do it again should he?

I'd suggest you have a look at the actual ESTA application. I don't know if it queries for past US visa issuance.

Below is a link for Q&A on ESTA. There are times when it needs to be updated.

http://www.cbp.gov/linkhandler/cgov/travel/id_visa/esta/about_esta/esta_faq.ctt/esta_faq.pdf