Visit the USA on ESTA with K1 granted

[rob999 51]

can't you just go on a short holiday in a nearby country? Like see each other in Toronto or something for a long weekend? Sounds a lot of risk when you've gone through the whole K1 process.

[jamesuk113 5]

I've booked my flight already The airline are very inflexible, I've tried before.

What risks are you referring to? Is it just the risk that I'll have no choice but to use the K1? If so that isn't the end of the world, like I mentioned earlier, just a wasted flight and inconvenient.

I'll be sure to bring the entire K1 pack with me.

[aruadha 58]

I've booked my flight already The airline are very inflexible, I've tried before.

What risks are you referring to? Is it just the risk that I'll have no choice but to use the K1? If so that isn't the end of the world, like I mentioned earlier, just a wasted flight and inconvenient.

I'll be sure to bring the entire K1 pack with me.

I think (correct me if I am wrong ) the risk he is referring to, is that you enter for your little vacay, but they use the K1. You are then required to marry within 90 days, and cannot return to your country to finalize anything.

You will have to marry, then apply for AOS, EAD and AP, in order to return to your country. This can take time.

So, yes, having the packet is good, and means you will likely gain entry at the POE, but you will not be able to easily return to your country for months.

Edited September 25, 2015 by aruadha

[jamesuk113 5]

I think (correct me if I am wrong ) the risk he is referring to, is that you enter for your little vacay, but they use the K1. You are then required to marry within 90 days, and cannot return to your country to finalize anything.

You will have to marry, then apply for AOS, EAD and AP, in order to return to your country. This can take time.

So, yes, having the packet is good, and means you will likely gain entry at the POE, but you will not be able to easily return to your country for months.

Oh sorry, I forgot to mention I was coming form the UK (I'm not sure that changes anything though).

Six months, even a year is fine. I believe that is an acceptable risk. All I stand to lose is £480 worth of flights (or not, as I will be with her depending on the way you think about it).

My partner phoned CBP at the airport and they said it definitely complicates things, but would be ok providing I give satisfactory evidence I would return in-line with the VWP (I'll have a letter from my University + evidence of the January flight tickets) and a satisfactory reason as to why I'm not discharging the K1 on this visit (vital experiments for my phd scheduled to take place before writing up from the USA, one last Christmas with ageing family before I move indefinitely - in particular my grandfather who I'm not likely to ever see again

She said the officer knew exactly what was being asked and was very helpful. This brings the total of US officials asked up to 7, none have which have ever said its not legally possible, all of which have said it depends on your circumstances and that the officers decision is final.

I am prepared to risk using the K1 early (in fact, its quite an exciting prospect!). I'll be sure to report back.

Thanks again everyone for your advice.

[acgmph 42]

Here's another option, maybe it'll work: you can try getting in on an ESTA - tell the CBP officer before handing in your passport that you have a valid K1 but you want to enter using the ESTA as your affairs are not in order back home and you would like to be able to return before being stuck in the US. If he is not OK with that and you have to use the K1, then maybe try getting the AP immediately (marriage, file for AOS, get NOA1, info pass at local USCIS office) so you can travel back as scheduled. Ask your supervisor to write a letter substantiating extreme financial loss if you cannot get back to the UK quickly (or you have a house for sale or something of that nature) and try to get an expedited AP based on "extreme financial loss to company or individual" so you can travel back. Don't know if it'll work, but it might reduce your time in the US so you can get your stuff arranged before moving. Just my two cents

Good luck and congrats!

[jamesuk113 5]

Here's another option, maybe it'll work: you can try getting in on an ESTA - tell the CBP officer before handing in your passport that you have a valid K1 but you want to enter using the ESTA as your affairs are not in order back home and you would like to be able to return before being stuck in the US. If he is not OK with that and you have to use the K1, then maybe try getting the AP immediately (marriage, file for AOS, get NOA1, info pass at local USCIS office) so you can travel back as scheduled. Ask your supervisor to write a letter substantiating extreme financial loss if you cannot get back to the UK quickly (or you have a house for sale or something of that nature) and try to get an expedited AP based on "extreme financial loss to company or individual" so you can travel back. Don't know if it'll work, but it might reduce your time in the US so you can get your stuff arranged before moving. Just my two cents

Good luck and congrats!

Thanks for that, I really appreciate your comments.

I will certainly request entry under the VWP before presenting my passport.

However naive it is though, I don't want to abuse the extreme hardship routes for fear it may disadvantage others by forcing harsher criteria in future. I want to do everything by the book, I am so lucky to be given the opportunity to marry the woman of my dreams in the US and live and work there. If I've made a mistake by not understanding the procedure then that's on me I suppose. To use the K1 early just costs me money. So be it.

Thanks for the good luck wishes. Like I say, I'll be sure to report back and hopefully others will be a lot smarter than me.

[Lowlie 191]

Thanks for that, I really appreciate your comments.

I will certainly request entry under the VWP before presenting my passport.

However naive it is though, I don't want to abuse the extreme hardship routes for fear it may disadvantage others by forcing harsher criteria in future. I want to do everything by the book, I am so lucky to be given the opportunity to marry the woman of my dreams in the US and live and work there. If I've made a mistake by not understanding the procedure then that's on me I suppose. To use the K1 early just costs me money. So be it.

Thanks for the good luck wishes. Like I say, I'll be sure to report back and hopefully others will be a lot smarter than me.

Excellent attitude Best of luck to you.

[TBoneTX 45,319]

1. Also, remember that AP doesn't mean you are guaranteed to be able to return. It is (once again) up to the

CBP officer to decide on that.

2. In general, only "use" AP in situations where you *had* to leave the U.S., for

example, in case of home-country family emergencies. That way, you can tell the CBP officer what happened. Relying on AP to just "pop back" to your home-country is kinda risky!

1. True.

2. Worrying about straw dogs.

[acgmph 42]

Hi OP. I thought of updating you with something that might be of interest: I have received my passport back from the consulate with the K1 in it and then I saw all my other visas were stamped with "Cancelled without prejudice" (I had both a B1/B2 which I used all the time; and an L1 which I didn't use). Basically this means next time I fly to the US I can only use the K1. So this might mean that your ESTA was cancelled or will be cancelled at the POE, as K1 supersedes all other visas apparently. So if I were you I would get ready to stay in the US for a while... Good luck either way

[jamesuk113 5]

Just an update for future travellers,

I landed at SFO a couple of nights ago and handed the border officer my passport with the K1 page visible. I explained that I had the K1 visa, but that I wanted to use it in January and that this trip was just a visit. The officer asked why I didn't want to use the visa right away. I explained that there was a few things I needed to do back home towards my phd before I could be free to move permanently to the USA. He said that makes sense.

The officer was really nice, as usual for SFO. He said it would be no problem, but they would need to ask a few more questions and take a look at the documents I brought, so he sent me to secondary.

I handed my passport to the officers in the secondary interview waiting area. I explained the situation and he said that it would be no problem. His exact words were "you're free to choose which one you want to use". This is the same as what we were told over the phone by immigration at the airport and in person by officers at the airport when my partner returned home in August.

We got talking about the visa, they said I'd get the K1 pack soon, I replied that I had it right here with me just in case and they both chuckled. Anyway I took a seat and waited for my name to be called. It took about 40 minutes, then I simply approached the desk and they handed back my passport stamped with the VWP entry clearance stamp. It was smiles all around, the officer said congratulations and "see you in January". It was such a great feeling

I wasn't asked to present any documents and had no probing questions. The officers were all very nice and professional. Man I love this country! What a contrast from the s*** storm of abuse my partner got from the Heathrow border officers when she came to visit.

Anyway, thanks for everyone's advice.

And in return, my advice for future travellers is to try and avoid doing what we did, as it was worrying (but I do worry more than the average person). If you decide to go for it, remember that the officer at the airport has absolute power. Prepare your evidence in advance (to give yourself confidence if nothing else) be polite and respectful. Be prepared to wait and go home with a smile if necessary (don't do anything to compromise your marriage visa)!

[TBoneTX 45,319]

Thanks for the update. Glad that it worked out for you.

[MiNMiLove 33]

Aww! Got me choked up. So happy you had no issues. Thanks for the update. Blessings and Congrats on y'all's approval.