Entering US on visa waiver WITH K1 visa in passport

[Viking 142]

Quick queation –
We are awaiting NOA 2 day 91 since NOA 1 

My question is assuming we get approved and I receive a K1 visa in my passport –

Will it be possible and within the rules to enter the US on a visa vaiver and leave again With a K1 visa in passport –

For Work related travel prior to being ready to relocate- 

prior to Entering on the K1 visa for relocation and marriage.

 

IE making use of the 180 days given 

 

[Pinkrlion 2,716]

Nope, they will stamp the K-1 visa as being used for that entry.  

[Viking 142]

20 minutes ago, Pinkrlion said:

Nope, they will stamp the K-1 visa as being used for that entry.  

Also if I identify as a Visa Waiver traveller.

and go through the visa waiver process and CBP line at the airport ???

[Just Paul 4,595]

6 minutes ago, Viking said:

Also if I identify as a Visa Waiver traveller.

and go through the visa waiver process and CBP line at the airport ???

Most likely it will depend on how CBP sees you at the POE.   Maybe . . .

 

[JFH 12,190]

7 minutes ago, Viking said:

Also if I identify as a Visa Waiver traveller.

and go through the visa waiver process and CBP line at the airport ???

You can ask to be admitted as a visitor however with a K-1 visa you have clear immigration intent so the CBP Officer doesn’t have to admit you as a visitor. 

 

Looks like you applied for the wrong visa. A CR-1 would have allowed you to enter and then leave to wrap up affairs in your home country. The alternative is to delay the medical and interview until you are actually ready to

move on the K-1.

[payxibka 10,045]

About the only ones who have reported being successful doing this are Canadians doing a land border crossing 

[Viking 142]

6 minutes ago, JFH said:

You can ask to be admitted as a visitor however with a K-1 visa you have clear immigration intent so the CBP Officer doesn’t have to admit you as a visitor. 

 

Looks like you applied for the wrong visa. A CR-1 would have allowed you to enter and then leave to wrap up affairs in your home country. The alternative is to delay the medical and interview until you are actually ready to

move on the K-1.

Definitely on the right Visa - just have a lot of travel for work- I am in the US every other month or so.. this trend is likely to continue until I relocate- 

just don’t want to be in a unclear situation if traveling for work- 

 

 

I have written CBP office for clarification- I will keep everyone posted on their reply.

 

the K1 visa is valid 1 time entry - 180 Days 

it should therefore be possible....

 

lets see...

[JFH 12,190]

1 minute ago, Viking said:

Definitely on the right Visa - just have a lot of travel for work- I am in the US every other month or so.. this trend is likely to continue until I relocate- 

just don’t want to be in a unclear situation if traveling for work- 

 

 

I have written CBP office for clarification- I will keep everyone posted on their reply.

 

the K1 visa is valid 1 time entry - 180 Days 

it should therefore be possible....

 

lets see...

The K-1 is valid for 180 days from the date of your medical, not the date they issue the visa. If you have an extended period of AP after your interview then this will cut into the validity of the K-1. 

 

I stand by my comment that the K-1 is a poor choice for someone with a thriving career. Good luck during the months of unemployment. It would have driven me crazy. 

[Liam2021 583]

19 minutes ago, Viking said:

just have a lot of travel for work- I am in the US every other month or so.

Be aware that K1 is single entry visa and you can't leave U.S until you got AP in hand( 3-6 months waiting). K1 is a poor choice in your situation.

[Nat&Amy 623]

17 minutes ago, JFH said:

I stand by my comment that the K-1 is a poor choice for someone with a thriving career. Good luck during the months of unemployment. It would have driven me crazy. 

Couldn't agree more. I went down the K1 route and it was the worst decision I could have made, I am still struggling to get my career back on track after almost one year of Visa shananigans - and that's because I got my GC relatively fast, in less than 4 months.

 

OP, it looks like you do have a thriving career but please be aware that when you enter the US on your K1, work can only continue after you get your EAD and that might easily take 3 months or more. That's why a spousal Visa is a better option sometimes.

[Crazy Cat 41,836]

25 minutes ago, Viking said:

the K1 visa is valid 1 time entry - 180 Days 

it should therefore be possible....

 

I don't think so. Odds are that the first time you enter with a K-1 visa in your passport, it will be voided.   Let us know what you find out.

[Georgia16 2,858]

So you are also using the ESTA to work here?

 

But no don't take the risk unless you are ready to stay if they admit you on the K-1.

What are you going to do with work when you get here? You know you can't work for many months?

[geowrian 22,337]

Yes it's possible.

No, I absolutely would not rely or even plan on it. The CBP officer has full discretion (even if contacting them eventually indicates it won't be an issue).

What is the plan if they decide to use the K-1 instead? It's single-use. I would not plan to enter with a K-1 in the passport until I was ready to move.

[Elise&Joe 19]

Are you able to get a second passport? I know the UK government lets you get a second passport if your first is being used to obtain a visa and you still need to travel for work, you just need a signed letter from your employers. Appreciate this may not be the case with the Danish government but it could be worth looking in to

[Viking 142]

Indeed I could use a second Passport - but is this in line with the realms of the visa ?