Using K-1 Visa from any country?

[Zeviktor 0]

So I have a question... I hope you can help me with it!

I'm scared that the 90 days I get to get married once I enter the USA utilizing my K-1 will not be enough, as little to nothing of it is planned at this point. Me and my fiancee want it to be a special day, after going through so much to get to this point, and we don't want to either risking not having time or, for example, having to settle for something smaller.

So, I was wondering if I could enter the US utilizing my ESTA, for example, and use 1 or 2 months that I get from it to plan my wedding, take a flight to somewhere in Canada, spend a few days there as a small vacation, and then re-enter the US, this time utilizing the K-1 visa? Do you think it would be feasible?

So, in short, could I use an European K-1 visa, that I obtained from the Paris embassy, to enter the US from Canada, for example?

Thanks!

[TBoneTX 46,194]

Don't try it via the ESTA. It smacks of playing with the rules for your own purposes, and if CBP sniffs it out, you'll regret it. Enter once, in straightforward fashion, with use of the K-1 visa.

As has been recommended a staggering number of times in the forums, get married within the 90 days via an efficient civil ceremony (by a Justice of the Peace, for example), and plan a proper "celebration" ceremony for later, at your leisure and arranged to your liking. The important thing is to get married legally, get the all-important marriage certificate, and apply for Adjustment of Status absolutely as soon as possible.

Among a great many other couples here, Mrs. T-B. & I did it this way and had no regrets whatsoever.

As a future hint, ask the officiant at your civil ceremony if you can hand-carry the signed marriage license to the courthouse yourselves, so that you can obtain marriage certificates (plural -- you'll need them) on the spot. This will shave days off the time that you'd otherwise have to wait for the marriage certificates.

Edited May 26, 2016 by TBoneTX

[Zeviktor 0]

I see. I didn't really think it would sound that shady.

Does the time I take to file for Adjustment of Status count for the 90 days? Or is it fine as long as I get MARRIED in those 90 days? Just want to be sure!

At any rate, I'll try to convince my fiancee to do just that.

Once more, thanks!

Edited May 26, 2016 by Zeviktor

[TBoneTX 46,194]

You're welcome. Just to be clear, you can enter the U.S. from any country with use of the K-1 -- for example, if the K-1 was issued in France, you can travel from France to Mexico or Canada or England or any other country, spend time there, and then go to the U.S. -- you need not fly from France directly to the U.S.

Remember, too, that the K-1 visa has several months of validity, usually 6 months from the date of the pre-interview medical exam. You can wait for (say) 5.5 months before using it to enter the U.S., and use those 5.5 months to do more wedding-planning, so that when you actually do use the visa to enter the U.S., you can hit the ground running.

You must MARRY within 90 days of the beneficiary's U.S. entry. There's technically no deadline to file for AOS, but most seek to do this as soon as possible, if only to get Advance Parole to enable travel out of and back into the U.S. before the green card arrives.

Edited May 26, 2016 by TBoneTX

[Zeviktor 0]

I understand. That's why I didn't think it would come off as shady if I tried to enter with my ESTA before. I just saw it as something normal I guess. I guess it's not?

Do you think it would be incredibly dumb of me to ACTUALLY ask the border officer at the USA, when I initially enter? Or perhaps email the CBP?

I wouldn't worry much about the Canadian side of things, to be honest. I have a couple of friends there and I wouldn't mind visiting them. it would be a genuine vacation, you know. It's the entry with ESTA then going into the K-1 entry that kind of scares me - that it is somewhat illegal or could ruin my chances of being accepted.

Planning the wedding away is hard. My fiancee basically works overnight, 10 to 12 hours a day, meaning that on her two days off, she has the worst sleep schedules and has very little willpower to get anything accomplished. Even with her mother's help, it's hard to do anything hands-on in this situation.

Edited May 26, 2016 by Zeviktor

[TBoneTX 46,194]

1. I understand. That's why I didn't think it would come off as shady if I tried to enter with my ESTA before. I just saw it as something normal I guess. I guess it's not?

2. Do you think it would be incredibly dumb of me to ACTUALLY ask the border officer at the USA, when I initially enter?

3. I wouldn't worry much about the Canadian side of things, to be honest. I have a couple of friends there and I wouldn't mind visiting them. it would be a genuine vacation, you know.

4. It's the entry with ESTA then going into the K-1 entry that kind of scares me - that it is somewhat illegal or could ruin my chances of being accepted.

5. Planning the wedding away is hard [...] t's hard to do anything hands-on in this situation.

1. Well, some people might have pulled this off, but in my extensive experience in dealing with CBP, the agents are typically bored, in foul humor, and looking to nail someone.

2. You can go on www.cbp.gov and ask a question via their website (good luck getting an answer). Your fiancee can phone the actual port of entry that you foresee using, ask for the shift supervisor, and pose the question. Be sure to write down the agent's name and the time & date of the answer.

3. That sounds great!

4. See 1. & 2. above. Leave nothing to speculation, and don't trust a good result when merely showing up at port of entry.

5. Understood and understandable. Proceed via earlier suggestion -- quick civil ceremony to make things legal, celebration ceremony later when you're ready.

Edited to add: I might be overly pessimistic in how CBP would deal with your plans, but consult them in advance nevertheless. It might be wise to call TWO ports of entry to see if the answers match.

Edited May 26, 2016 by TBoneTX

[TBoneTX 46,194]

There's a "contact us" link atop the main cbp.gov page.

Here's the link to find POEs: https://www.cbp.gov/contact/ports

[Zeviktor 0]

I will do just that after discussing this with my fiancee. Like everything, it seems, this is just terribly complicated. I'll see if my fiancee can call the ports and figure it out. I sent an email to the CBP but just like you, i don't expect a reply in time.

Thank you so much for all your help!

[TBoneTX 46,194]

Welcome. Let us know what you learn and how things progress.