Leaving the US on a K1 Visa

[Almaviva 1]

Yep, that ship has sailed. I would think with a history of visiting, you shouldn't have too much trouble getting a B2 again.

I figured that too, but our next visit would be in 2 months and considering how long they take with visas, I figured ESTA would be my only option now.

[Hypnos 6,578]

It will be, since a K-1 is a single-use visa that expires the moment you use it to enter the US once.

[Almaviva 1]

It will be, since a K-1 is a single-use visa that expires the moment you use it to enter the US once.

Hi, yes I'm aware of that. Which is why I'm not planning on returning on the K1 but using Esta instead

[SunflowerSweet 1,321]

All these post telling OP that he could have just used the VWP...

-He clearly already knew this, and mentioned it in his first post.

-He already has the K-1 so even if he didn't know, your "advice" is irrelevant.

Must be a slow day on VJ...

Anyway, OP I would not be worried if I were you. You will no longer have a valid visa when you of course so you can't just walk right back in, but you already knew that! While I don't think it will be harmful, I am not sure the fact that you had a K-1 and left will really "help" you at all. The facts still remain that you have a USC wife and unfortunately that is most likely always going to count against you for visiting. However, the fact that you have been living with your wife out of the country for so long and have been responsible with your visits thus-far leads me to believe you both have set up some pretty strong connections for yourself to satisfy the suspicions.

Edited April 28, 2016 by MorganandMichael

[Almaviva 1]

All these post telling OP that he could have just used the VWP...

-He clearly already knew this, and mentioned it in his first post.

-He already has the K-1 so even if he didn't know, your "advice" is irrelevant.

Must be a slow day on VJ...

Anyway, OP I would not be worried if I were you. You will no longer have a valid visa when you of course so you can't just walk right back in, but you already knew that! While I don't think it will be harmful, I am not sure the fact that you had a K-1 and left will really "help" you at all. The facts still remain that you have a USC wife and unfortunately that is most likely always going to count against you for visiting. However, the fact that you have been living with your wife out of the country for so long and have been responsible with your visits thus-far leads me to believe you both have set up some pretty strong connections for yourself to satisfy the suspicions.

Yeah, people telling me what I should have done are not really helping me but I still appreciate every opinion I can get.

I guess that just to be safe I'll bring with me - on this trip and any other ones in the future- all the necessary proof to show that I'm coming back to my country. I mean, after all they should see that I had a K1 visa that allowed me to stay and chose not to, why would I do it illegally now? Also, traveling with my Fiance (wife for all the other trips), might help me with my case because I don't have to prove that part since she'll be with me on every trip. Do they let your wife come with you if they send you to second screening or something? I've never been sent to a second check.

In the end, I won't find out how it goes until it happens. That means, my trip in a week to get married and leave, another trip at the end of July and any other visit we might want to do

[NigeriaorBust 4,087]

I guess the biggest punishment is the cost and hassles you already went through

[Michael and Ganna 104]

My wife and I travel quite a bit to the US together. We have a pending Cr-1. Our POE is Detroit Mi. My wife has gone through secondary screening a couple of times. They don't allow me in with her, but seat me just outside of the screening area. They ask her questions, then come ask me questions.....I guess to verify. The biggest problem that we have encountered is why my passport does not have a marriage stamp in it. We were married in Ukraine, and she uses her birth name. She has the marriage stamp, but I don't....But we are always allowed to enter

[JFH 12,191]

I mean, after all they should see that I had a K1 visa that allowed me to stay and chose not to, why would I do it illegally now? .

You'd be surprised (or maybe not surprised) at the things people do. Applying for a K-1 demonstrates immigration intent, as far as the CBP officer is concerned. How are they to know you had no intention of staying and adjusting with the K-1? And how are they to be certain that you have no immigration intent when you come back again?

[Almaviva 1]

You'd be surprised (or maybe not surprised) at the things people do. Applying for a K-1 demonstrates immigration intent, as far as the CBP officer is concerned. How are they to know you had no intention of staying and adjusting with the K-1? And how are they to be certain that you have no immigration intent when you come back again?

That's when I bring proof that we have strong ties to Chile so it's not just my word. Like I said before, we have lived for a couple of years together down here, we have our own apartment, car, pets, I've worked at my company for years, just got a promotion, we have good jobs, make good money, I just finished my masters here and will probably go for my MBA soon, I don't have any relatives in the US, etc. Hopefully stuff like that is enough for the CBP officer to see that we are not intending on moving to the States...

I was just worried about getting some kind of flag or something for leaving on a K1 visa without even trying to adjust my situation. But it seems that there is no "punishment" for it so that makes me feel way better.

My wife and I travel quite a bit to the US together. We have a pending Cr-1. Our POE is Detroit Mi. My wife has gone through secondary screening a couple of times. They don't allow me in with her, but seat me just outside of the screening area. They ask her questions, then come ask me questions.....I guess to verify. The biggest problem that we have encountered is why my passport does not have a marriage stamp in it. We were married in Ukraine, and she uses her birth name. She has the marriage stamp, but I don't....But we are always allowed to enter

Oh great, thanks for the information! I guess that makes sense so I'll keep it in mind if I'm ever sent for secondary screening.

[Mollie09 1,543]

Also important to note for those of you who may be confused that Chile only recently joined the ranks of ESTA countries, thus the need for a B2 previously.

[Almaviva 1]

Also important to note for those of you who may be confused that Chile only recently joined the ranks of ESTA countries, thus the need for a B2 previously.

That's correct, Chile joined the Visa Waiver program 2 years ago, starting May 2014.

[Almaviva 1]

Just a little update in case anyone goes through the same situation:

- We entered the US on May 6th using the K1 visa. I was sent to secondary screening for the first time. They asked me to wait for my turn, so I went inside and waited, with my now wife. 10 mins after, they called me and told me to have a good day and gave me my passport back without any questions.

- We got married on May 13th and got our PA marriage certificate. I believe they send a definitive one after to the mail, I'll post about it once we get it.

- We left the US on May 15th as intended. We didn't start any process for naturalization.

- I got my new Chilean passport today (I had an old one with my K1 visa on it, an another one with my B1/B2 cancelled visa on it) and got the ESTA, so now we are going back in July to have our ceremony and then leave the country a week after for our honeymoney and then come back to our lives in Chile.

So that's about it. Like I said, I'll keep updating this in case it's useful for anyone!

[Almaviva 1]

I'm just updating this in case anyone faces something similar and needs some orientation about it, since I couldn't find any.

- I entered the US at JFK in May with my K1 visa with no problem. We got married a few days after in PA (just some sort of courthouse wedding). I left the country 10 days after I arrived

- Came back to Chile, got a new passport and applied for the ESTA. The request was approved.

- Flew back to the states 3 weeks ago using my brand new Passport/ESTA. Entered the country with no problem. Finally had our ceremony in the US, left for our honeymoon 10 days after we entered.

And now I'm back in Chile to our normal lives with my wife.

So, in a nutshell, there was never a problem with anything. I realize now that the K1 visa wasn't necessary but hindsight is always 20/20 right? If you find yourself in a similar situation, my recommendation would be to not get the K1 visa. If you already did, just relax because besides blowing some money, nothing really happened.

Hope this is helpful for someone!

[Emilythorne 0]

I'm just updating this in case anyone faces something similar and needs some orientation about it, since I couldn't find any.

- I entered the US at JFK in May with my K1 visa with no problem. We got married a few days after in PA (just some sort of courthouse wedding). I left the country 10 days after I arrived

- Came back to Chile, got a new passport and applied for the ESTA. The request was approved.

- Flew back to the states 3 weeks ago using my brand new Passport/ESTA. Entered the country with no problem. Finally had our ceremony in the US, left for our honeymoon 10 days after we entered.

And now I'm back in Chile to our normal lives with my wife.

So, in a nutshell, there was never a problem with anything. I realize now that the K1 visa wasn't necessary but hindsight is always 20/20 right? If you find yourself in a similar situation, my recommendation would be to not get the K1 visa. If you already did, just relax because besides blowing some money, nothing really happened.

Hope this is helpful for someone!

Well with your K1 visa it was clear that you intended to enter US legally to Marry your USC wife so there should be no questions on that part, For you not wanting to do the AOS after marriage was also your choice, and marrying while on k1 is not an issue as well, that is what k1 visa is for. I see no problem with this as this are all pure intentions and you have a genuine relationship.

When i first entered US with k1 visa our plan was to get married within 90 days but we did not! because i thought i was ready until i see how it is here i did not want to live here in US and i did not know better back then (that i can travel with AP) i thought i am stuck for 3-5 years here. So i left without marrying my now Husband and since he's a dual citizen (USC and Philippines) he travels a lot to Philippines and also have tried to do business there, we continued this kind of relationship for 9 years.

When i applied for Visitors Visa back in 2010 it was not easy for me as i needed to proved that my intention was to just travel, which is true (but i can't blame them for thinking that i might just go, marry and stay here, specially with my previous K1 visa on their record). You are lucky to have an ESTA. For me i needed to try not just once but twice to get a US travel Visa, I remembered the first time i got rejected, went home sad and thought that was it i can't travel because of my past visa, my husband needed to console me and encouraged me to go back. i was lucky to see that there's a open appointment for the next day (you are not supposed to apply right away after being rejected, you have to wait 6 months but i didn't) i went back the next day with an attitude, thinking i don't really care if they will reject me again, that i am wasting money for application, i just really need to vent and speak my mind, complaining about how i felt discriminated and not treated fairly, how the other officer didn't even give me a chance to show how i qualify to travel. This is what i have to go through just to get a US travel VISA (My USC husband had taught me how to act and be tough and how to deal with Americans) and he was right! i got Approved!

5 years of Traveling back and forth, we really have no plans marrying and staying here in US our life in the Philippines is just as good. Everyone's circumstances changes, life could really surprise you, things happen when you least expect it! Now we are here and happily married, going through AOS (which we should've done 10 years ago, i could've been a US citizen now, and maybe just maybe i am free from all this "needing approvals" before you make a move life of a immigrant).

Piece of advise to you, although you have no plans in staying and living in america, try to start with paperwork. IR1 or Cr1 (if I'm correct? for USC spouse). Because with ESTA your chance of going in and out of US is going slimmer and slimmer every time you enter all it takes is a non-believing IO sometimes just one that is having such a bad day and decided to take it out on you) i remember how anxious i feel every time i will travel, i always worry that my time and my luck might end or come (worrying not to be admitted in due to the fact that i entered with k1 before, specially still dating that same USC). It would've been nice if we all can come and go free of judgement but that unfortunately my friend is not the way this world is set up. Government controls our lives.

Sorry for unnecessary sharing of my experience, i feel that i owe this forum some useful info. to help out other people who are also in the same boat or have a unusual cases like we do.