Can I enter the US on ESTA with a K1 in my passport?

[hobbit 10]

Hi everyone,

My fiancé and I have been dividing our time between Singapore (business trips for him, college for me) and the US (where he lives and where I visit in between semesters). This year, I graduated in June and we spent the summer together in the US. Now that we are both back in Singapore, I sent off the required materials last week, and received my appointment letter a few days later- Oct 23 for my K1 visa interview. My fiancé leaves Singapore on Oct 31, and is looking to come back in early Feb 2014 for an important conference. My issue is that I might not be able to join him in Singapore if my AP doesn't come through before then (considering that we're looking at early Nov for me to get the K1 in hand).

I still have a valid ESTA and think it may be a better option for me to not use the K1 yet so I could still leave with my fiancé in early Feb. He is planning to return from Singapore to the US in late March. As such, I would then likely use my K1 to enter the US in late March as well, although I'm not sure what other implications would entail (expired medical etc.). I would really appreciate some good advice on this matter. If anyone has faced similar issues, please share as well!

[celeste15 2]

No you can't use ESTA when you have a K1,

If you enter the US the K1 will be used, and if you leave again before the AP or GC you won't be allowed back.

[Hypnos 6,576]

I don't believe that is correct; with multiple visas in a passport you can choose which you wish to present to enter, or you can elect to use the VWP if you're eligible.

[baron555 934]

I don't believe that is correct; with multiple visas in a passport you can choose which you wish to present to enter, or you can elect to use the VWP if you're eligible.

Nope wrong. The K-1 will be used they they enter; you don't get to pick.

[dwinge 34]

I would say the safest option might be to call the embassy and ask (you are more likely to reach them between 3:30-4:30pm on working days, but it is not enforced =) )... but it might also depend on the POE officer. Could ask again when you are at the embassy for the interview!

- A

[Jo Amelia Finlay 20]

I'm no expert but I'm pretty sure only one visa can be active at any one time...? I don't think it's possible to "choose" which visa you use upon entry...?!

[Merrytooth 5,748]

Read through these threads:

http://www.visajourn...vating-k1-visa/

Canada experience:

http://www.visajourn...-activating-it/

Disclaimer Your mileage may vary

[clairegie 265]

You can travel to the states with a K-1 visa in your passport and ASK to be allowed in on the ESTA instead of the K-1. The POE officer will make the decision whether to let you do that or not.

What you want is risky though, because if they chose K-1, your 90 day clock to marry will start ticking. And remember, K1 visa is a One-time entry visa.

[Hypnos 6,576]

You can travel to the states with a K-1 visa in your passport and ASK to be allowed in on the ESTA instead of the K-1. The POE officer will make the decision whether to let you do that or not.

What you want is risky though, because if they chose K-1, your 90 day clock to marry will start ticking. And remember, K1 visa is a One-time entry visa.

This is how I understand it, so I believe it is possible.

[Neonred 3,564]

Risky. It won't be your choice. It will be the POE officers choice.

[Dave&Roza 748]

You can travel to the states with a K-1 visa in your passport and ASK to be allowed in on the ESTA instead of the K-1. The POE officer will make the decision whether to let you do that or not.

What you want is risky though, because if they chose K-1, your 90 day clock to marry will start ticking. And remember, K1 visa is a One-time entry visa.

But what if they cancel the ESTA eligibility of this person and only the K-1 visa is valid. I am sure if you have two visas active you could pick, but I bet they will cancel the ESTA once the K-1 is issued. Also, you will have to be very aware of which visa they use at the POE and what if they say you have to use the K-1 and not the ESTA. Rememebr that your fate is in the hands of the CBP person you encounter when entering the US. Use the K-1 or go back home might be your options. I would use the K-1, get married and file the AOS with AP and it should be in your hands before travelling in February. That is the safest IMHO.

Good luck,

Dave

Edited September 23, 2013 by Dave&Roza

[kmiami15 8]

I would just enter on K1 and do the entire process.. you might be lucky and AOS will be completed by then... do not postpone your K1 and AOS ... I believe your K1 also has an expiration date... so be careful....

[David & Diana R 1,005]

Hi everyone,

My fiancé and I have been dividing our time between Singapore (business trips for him, college for me) and the US (where he lives and where I visit in between semesters). This year, I graduated in June and we spent the summer together in the US. Now that we are both back in Singapore, I sent off the required materials last week, and received my appointment letter a few days later- Oct 23 for my K1 visa interview. My fiancé leaves Singapore on Oct 31, and is looking to come back in early Feb 2014 for an important conference. My issue is that I might not be able to join him in Singapore if my AP doesn't come through before then (considering that we're looking at early Nov for me to get the K1 in hand).

I still have a valid ESTA and think it may be a better option for me to not use the K1 yet so I could still leave with my fiancé in early Feb. He is planning to return from Singapore to the US in late March. As such, I would then likely use my K1 to enter the US in late March as well, although I'm not sure what other implications would entail (expired medical etc.). I would really appreciate some good advice on this matter. If anyone has faced similar issues, please share as well!

IMHO I would just stay put and wait for a few months. Why risk potential problems? It sounds like the two of you are coming along in the process. Just skype every day and wait a little longer to avaoid any possible problems/suspicions, etc... In the end all the waiting is worth it. Wahtever your decision I will be praying for both of you. GOD BLESS you both.

Aloha Ke Akua

[hobbit 10]

Hi again everyone,

My fiancé says if he has to come back to Singapore alone, then he would only stay here for two weeks. And we both want to celebrate Thanksgiving in the US with his family (Nov 28 if I'm not wrong), so I don't think I would be able to stay put in Singapore for a few months. If not for the fact that we are able to travel and spend time together for months at a stretch, we wouldn't be where we are

Now I'm actually wondering another option- delaying my interview altogether until February. We actually received the NOA2 way back in May/June but Packet 3 arrived on the very day I left Singapore to the US (timing is everything!). So I wasn't able to pay the fee in Singapore and get a much earlier interview date.

Has anyone had any experience in delaying the K1 interview further so that you can still come in on the ESTA? (seems more straightforward since there isn't a risk of a K1 entry- I would never want to find myself out of status!)

[CC90 90]

The issue is that you've essentially had an immigrant petition filed for you (despite the K-1's nonimmigrant designation). You will want to update your ESTA with that fact, and it may invalidate it.

If your trip is just for leisure, it's not worth it. Signapore to the US is a long trip. You have the rest of your lives to spend summers together.