K1 approved, can I still enter as a tourist on a visa waiver ?

[Harpa Timsah 13,258]

OP: You may be able to enter on the VWP with a K-1 in your passport, but you seemed to indicate your plan was to enter on the VWP, marry, have honeymoon, then return on K-1 visa.

You cannot use a K-1 visa as a married person. If you tried to enter while already being married you will be banned for life for misrepresentation.

If I misread, please, explain your plan.

[Merrytooth 5,748]

You could come back and update us your detailed experience on how it goes for you

Good Luck. YMMV

[lechatpito 0]

Harpa, I do not intend to marry before entering as a K1, just to go on a holiday/pre-honeymoon trip. We originally planned it to be our honeymoon but it won't really be the case and after this we won't have other options because of my fiancé's job.

So my current position is to try it annyways but be honest right away with the officer about the fact that I have a K1 in my passport.

[PhilLuv 43]

Hi PhilLuv, any chance you remember the name of the forum or even better the link or title of the post ?

http://britishexpats.com/forum/forumdisplay.php?f=57

[lechatpito 0]

http://britishexpats.com/forum/forumdisplay.php?f=57

All right, here is the thread I found on the topic: http://britishexpats.com/forum/showthread.php?t=527772

One guy mention he did it but entering from Canada with an ID card, not having to show his passeport.

[PhilLuv 43]

You found it

[lechatpito 0]

You found it

This other one is interesting, the guy succeded to enter after the officer saw his visa and ask the supervizor who said it was fine. However it was a different visa: IR-1.

[SparklePony 238]

If you want to go on a pre-honeymoon, then why not travel directly to South America and then enter the US on the K1 for good?

[christeen 966]

Both cited cases above (Canadian allowed to enter without showing passport) and the IR1 (where, if they entered using the visa they would still be able to exit immediately with the I551 stamp acting as temporary GC) are different than your situation... I agree with the suggestion of Sparkle's suggestion to fly directly to South America, then end in USA to activate the K1?

[Avery Cates 1,141]

Why is it that risky ?

Because you're giving someone bum advice.

Only one visa at a time is valid for admittance to the US. If you have a K-1, then that one MUST be used when you come into a PoE. There's no two ways about it. If you come in, use it, and then leave before AoS, then your petition/visa is considered abandoned, and then you have to start the whole process over from Day 1.

[lechatpito 0]

Hello everyone,

based on your recomandations I have entered at the POE showing my K1 and not asking questions.

Everything went fine, and I guess we'll have our dream honeymoon later...

thanks for all the advices and wish me good luck with the AOS ;-)

[trevstrish 0]

We are in similar situation so just looking for clarity. My fiancé will have K1 in passport but will not be moving here till Dec. However, he is going in a family vacation in November and one of his connections from Canada to MX is through Houston. We are afraid they will force him to activate his K1 but he is merely only in the IS airport for a 47min connection the ought to MX.