Visiting fiance without activating K1 visa

[Operator 1,927]

It was on a older passport, her B1/2 should be cancelled.

If she's from a VWP country would she have a visa to cancel? My understanding (which is really just a guess) is that she wouldn't.

Either way I think it would be very difficult to get through CBP on ESTA with a valid K-1 in your passport. Seems to me there has to be a better option.

[mariepear 12]

you should have visited before your interview...Once you have the K1 visa you must marry within 90 days of your entry to the USA. You have signed the letter too and sworn you would do it.

[Harsh_77 718]

If she's from a VWP country would she have a visa to cancel? My understanding (which is really just a guess) is that she wouldn't.

Either way I think it would be very difficult to get through CBP on ESTA with a valid K-1 in your passport. Seems to me there has to be a better option.

Even if she is from VWP country any non-immigrant visa issued prior to approval of K1 would be cancelled.

A person cannot have a immigrant and non-immigrant visa at a same time.

I think the best bet for OP would be to meet in 3rd country if they really want to meet or just enter on K1 and start the K1.

[Harsh_77 718]

you should have visited before your interview...Once you have the K1 visa you must marry within 90 days of your entry to the USA. You have signed the letter too and sworn you would do it.

OP did not sign to enter on K1, she sworn in and signed saying all the information presented was true to her knowledge.

[mariepear 12]

She sworn to marry her fiance within 90 days once she enters the USA.

[J & L 10]

A visa isn't exactly something that can be activated or deactivated, once you get it and it's on your passport, it's valid for 6 months -well, the K1 visa that is, other visas last for different time depending on what kind of visa it is. If you go to the USA now, once you enter, you're on the K1 visa and you have to get married and then submit adjustment of status and all that.

If the main issue is moving your stuff, then maybe you should consider paying a little extra to take more baggages with you or look into different couriers/ shipping options to mail yourself what ever it is you want to have in the USA. I do think that if you label your stuff as 'pre owned' or 'used' you may not have import fees or maybe they'd be lower (look into that to be sure).

And of course, congratulations for getting your visa!

[Harsh_77 718]

She sworn to marry her fiance within 90 days once she enters the USA.

OP was not sworn in for that, there are cases where ppl have entered on K1, married and never filed for AOS in 90 days but have done it later and been approved.

90 days rule is only applied if she enters on K1 but thats what OP is trying to do enter on other visa so her 90 days would not start.

[Eric-Pris 1,606]

I'm confused. Why would you apply for a K-1 visa when you are not ready to follow through with it?

You can settle your affairs at home within a couple of months and then you are free to go. Are you saying that 6 months is not enough? Honestly, it sounds like you are having second thoughts and if your parents are suggesting this "vacation" before you commit, either they, you, or both of you have some doubts.

The whole premise of your question is very strange and confusing. Pretty much everybody waiting for their K-1 is ready to go as soon as they get it. If there is something they need to close/cancel, they get it done quickly to be able to go. Most people who are sure about it, they start to tie up their affairs as it gets closer to the interview, so your situation is a bit unusual.

It sounds like you are having doubts about this decision.

Good luck.

Edited August 19, 2013 by Eric-Pris

[mariepear 12]

OP was not sworn in for that, there are cases where ppl have entered on K1, married and never filed for AOS in 90 days but have done it later and been approved.

90 days rule is only applied if she enters on K1 but thats what OP is trying to do enter on other visa so her 90 days would not start.

She can't enter on other visa...

[jenni17 36]

I'm confused. Why would you apply for a K-1 visa when you are not ready to follow through with it?

You can settle your affairs at home within a couple of months and then you are free to go. Are you saying that 6 months is not enough? Honestly, it sounds like you are having second thoughts and if your parents are suggesting this "vacation" before you commit, either they, you, or both of you have some doubts.

The whole premise of your question is very strange and confusing. Pretty much everybody waiting for their K-1 is ready to go as soon as they get it. If there is something they need to close/cancel, they get it done quickly to be able to go. Most people who are sure about it, they start to tie up their affairs as it gets closer to the interview, so your situation is a bit unusual.

It sounds like you are having doubts about this decision.

Good luck.

This is an extremely unfair accusation. Not everyone is ready to just pick up and go the second their K-1 is granted. The whole process is extremely lengthy and moves very quickly as you get closer to the end its hard to tie up loose ends as you're scrambling to prepare for the interview. Not to mention the fact that it would be foolish to begin cutting ties with one's current life (ie quitting a job or dropping out of school) until the visa is officially stamped in the passport given that you never know what will happen at the interview. Many people want to use the 6 months to wrap up their lives in their own country and prepare to move/spend time with their families before making such a drastic life change. The OP's question is not at all unusual, in fact it makes sense, not ready to move permanently yet, but wants to visit in the mean time. Don't make accusations and judgements without having a full understanding of the situation.

[baron555 934]

This is an extremely unfair accusation. Not everyone is ready to just pick up and go the second their K-1 is granted. The whole process is extremely lengthy and moves very quickly as you get closer to the end its hard to tie up loose ends as you're scrambling to prepare for the interview. Not to mention the fact that it would be foolish to begin cutting ties with one's current life (ie quitting a job or dropping out of school) until the visa is officially stamped in the passport given that you never know what will happen at the interview. Many people want to use the 6 months to wrap up their lives in their own country and prepare to move/spend time with their families before making such a drastic life change. The OP's question is not at all unusual, in fact it makes sense, not ready to move permanently yet, but wants to visit in the mean time. Don't make accusations and judgements without having a full understanding of the situation.

The OP can use the option to wait the full six months the K-1 is valid for( many Embassies will extend that just by asking ) to tie up their loose ends.

What the OP CAN NOT do is enter the US on another visa prior to using the K-1. Period.

End of discussion.

[Trochilidae 0]

Thanks everyone for your replies. I already figured it wouldn't be an option but just wanted to double check with everyone.

To Eric-Pris, I'm sorry if you think my question was strange and confusing. I have zero doubts in my mind. There are just a bunch of logistical matters involved. It's a huge change in my life and everything jenni17 said is spot on. Why would I hand in my resignation BEFORE my interview? Or cancel my lease BEFORE my interview? That's more strange and confusing than anything I said in my first post.

I do come from a VWP country so I was wondering if it was possible to make a mini-trip before I make my big trip. That's all. Sounds like that's not going to happen, thank you everyone for the clarification.

[baron555 934]

Thanks everyone for your replies. I already figured it wouldn't be an option but just wanted to double check with everyone.

I do come from a VWP country so I was wondering if it was possible to make a mini-trip before I make my big trip. That's all. Sounds like that's not going to happen, thank you everyone for the clarification.

No problem, thsi process does require us to lead our lives a little differently.

What many folks do is take care of the immediate business, then the beneficiary comes tot he US, marrys, does AOS and then goes back to tidy up loose ends (maybe more trips).

You and your future spouse should have / should talk about this now.

[Eric-Pris 1,606]

This is an extremely unfair accusation. Not everyone is ready to just pick up and go the second their K-1 is granted. The whole process is extremely lengthy and moves very quickly as you get closer to the end its hard to tie up loose ends as you're scrambling to prepare for the interview. Not to mention the fact that it would be foolish to begin cutting ties with one's current life (ie quitting a job or dropping out of school) until the visa is officially stamped in the passport given that you never know what will happen at the interview. Many people want to use the 6 months to wrap up their lives in their own country and prepare to move/spend time with their families before making such a drastic life change. The OP's question is not at all unusual, in fact it makes sense, not ready to move permanently yet, but wants to visit in the mean time. Don't make accusations and judgements without having a full understanding of the situation.

Wow, a bit dramatic, aren't we? "Extremely unfair accusation"? I wasn't accusing her of first degree murder, chill out chief.

I didn't mean to imply that she should be ready to go the day after her visa is stamped in her passport. I meant that most people are so eager to go and be with their loved one that they tend to get ready and start to prepare beforehand (I wasn't suggesting people quit their job or move out of their apartment before the visa... that would be dumb, I thought that went without saying-- I guess not). Like letting your company and landlord know that you have a visa interview and will probably be moving to the US around Sept/Oct/Noc, etc Spending more time with family and friends. Things like that. I wasn't suggesting people cut all ties to their life before they have the visa.

Edited August 21, 2013 by Eric-Pris

[Harsh_77 718]

She can't enter on other visa...

That is exactly what I said in post #18 but the reason you gave was not correct.