Can you still enter the US on tourist visa if you are applying for K-1?

[miromustonen 3]

Hello,

I am an US citizen and my fiance is from Finland. We both live in Malta at the moment and were planning a trip to the US for the summer (May to Aug). He would be joining me through a 90 tourist visa. However, we have recently gotten engaged and would like to be married at the end of next summer so we are filing for a K-1 visa. If the processing time takes longer than we have left here in Malta, meaning he will not have received his K-1 before our flights in May, can he still enter the US with a tourist visa to stay with me or will this be a violation of the K-1 processing?

We already have the flights to the US booked and I don't want to wait to start filing the visa paperwork so I'm hoping to hear that he can enter the US in the meantime.

Thank you!

[miromustonen 3]

Yes, I am also reading the pinned post above by Michele to check out the information there. If anything specific stands out in my question that you don't know/think is addressed in the above post, let me know.

[Penguin_ie 5,994]

Yes he can use the visa waiver program. Two considerations:

- Make sure he stays LESS than 90 days, book the flight back for a few days before, in case of weather delays etc.

- Given your timeline, if you file now, there is a good chance he will get paperwork/ an interview next summer, so make sure he has someone at home checking his mail, and is prepared to fly back at short notice if he has a medical to do.

[MADDEN 40]

Totally fine to enter on the VWP, some on here state that they have been required by CBP to show ties to their home country on arrival to the USA to prove they will be returning home however ive never had this issue while travelling to the US while my K1 was processing.

Be mindful that he will need to be in his own country for the K1 interview and medical.

Good luck.