K-1 Did I screw up?

[Unlockable 7,314]

2 hours ago, SarahSwede said:

Yeah - at this point the money (while it sucks) it just something that we can't dwell on. Definitely not moving to the US for at least another 2 years. Do you know if it's possible to cancel the Visa even though it has basically been approved (the Embassy has his Visa right now)? Will cancelling the visa affect his ESTA?

I don't know if anyone can surely say whether his ESTA status will be affected because of the K1. Even if you cancel it could have an impact. Only way to find out is to cancel the K1 and try but that in itself is another risk because then he may end up without a ESTA nor K1.

 

 

Edited February 24, 2017 by NuestraUnion

[JE57 239]

Different Consulate but we were able to re-do the medical which essentially extended the time that she had to enter the USA that might be an option for you so as to enter on a K-1 in July. Others may be able to offer an opinion on this.

[Dashinka 24,494]

If you do cancel the K1 and he is able to travel on an ESTA/VWP, and you get married in July, make sure he has plenty of evidence showing no intent to stay when attempting to enter on an ESTA.  As others have said, no one knows if canceling the K1 will have an impact on an ESTA/VWP, but if he attempts to enter in July for the purpose of getting married and he is truthful when CBP ask him the reason for his visit, they may choose to deny him entry since he already had a now canceled K1.  He should have rock solid proof he has no intention of staying during that trip, and they may still deny him entry.

 

Good Luck!

[SarahSwede 55]

Thank you everyone!! We have a meeting set up with a lawyer - who apparently just had a similar client - so hopefully we will get this straightened out soon.  I will post an update once we figure it out.  We definitely plan on always traveling with a letter from his employer stating when they expect him back as well as the contract for our apartment. Hopefully that will be enough to prove no intent to stay.  (Any other suggestions of evidence will be greatly appreciated!)  **I will say that I got the Nolo book on fiance visas and while it mentioned that we could get married on the VWP it suggested the fiance visa so that there would be no problems at the border - guess I should've come to VisaJourney much much much sooner.**  

[IcezMan_IcezLady 582]

15 hours ago, mallafri76 said:

Wow, you wasted a lot of time and money on something that you're not gonna use or need. ? You could have just gotten married on the VWP. 

 

So you've decided you're not moving to the US, right? I think if you cancel/withdraw the visa due to changed plans, it won't affect his ability to travel on the VWP. You could probably double check that with the US embassy in Sweden. They're very approachable.

 

 

I would doubt it wouldn't. He will apply for ESTA and this application process will be on his records  file. Cancellation doesn't erase it.

 

[IcezMan_IcezLady 582]

13 hours ago, NuestraUnion said:

I don't know if anyone can surely say whether his ESTA status will be affected because of the K1. Even if you cancel it could have an impact. Only way to find out is to cancel the K1 and try but that in itself is another risk because then he may end up without a ESTA nor K1.

 

 

My thoughts exactly.

 

[mallafri76 1,012]

1 hour ago, IcezMan_IcezLady said:

I would doubt it wouldn't. He will apply for ESTA and this application process will be on his records  file. Cancellation doesn't erase it.

 

Yes but the ESTA application is concerned about whether or not OP have a denied visa or have had a denied entry to the US.

 

OP's not moving to the US so he can either cancel the k-1 visa OR enter on the k-1, marry and then go back to Sweden. Personally, I would think cancelling the visa ahead of time shows that OP has changed his mind and is not moving to the US, whereas entering on the k-1 and then leaving the country could then be seen as OP trying to immigrate without a visa when he returns to the US to visit in the future.

 

OP, that's why I said it's better to contact the US embassy in Sweden, explain your situation and ask how best to handle it.