Entering US on visa waiver WITH K1 visa in passport

[Hypnos 6,576]

No. They would see you had been issued a K-1 visa in their system even if you didn't present it to CBP.

 

You can attempt entry on the VWP but it's a ####### shoot whether you'll actually be admitted when you have a K-1 too. 

[Rose711 35]

You might be careful

about coming to the US every month for work on a tourist visa.

 

That could come back to you to have to be explained. 
 

edit: I agree with other posters than when you have K1 it will be used and you will be staying here unable to work until your marriage and EAD.

Edited October 8, 2019 by Rose711

[Crazy Cat 41,836]

1 hour ago, Viking said:

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

Back to the basics.......are you working on a tourist visa?  If so, that could cause problems upon your next attempt to enter.

[geowrian 22,337]

I'm assuming they are performing business activities, which are allowed on the VWP...not actual work. But it also does sound like they might be pushing the limits if they are doing so every month. Either way, not the issue here (but can be if they intend to continue doing so upon entry on the K-1).

[Nitas_man 3,100]

18 hours ago, Viking said:

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 

 

What you are trying to do is very risky.  You don’t think those dates won’t show up?

[Viking 142]

32 minutes ago, missileman said:

Back to the basics.......are you working on a tourist visa?  If so, that could cause problems upon your next attempt to enter.

no I am travelling for my work - on a Visa Waiver - this is perfectly legit .. 

[Lemonslice 4,836]

Why not delay your interview until a moment when you're able to be off work for a few months?

[JDP91 118]

19 hours ago, Nat&Amy said:

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.

 

Very easily. My hubby has been waiting six months and counting without so much as a peep from USCIS. It's pretty damn demoralizing. 

[Unlockable 7,314]

You will find many VJ'ers who argue that the K1 visa is an inferior visa. Including myself who went through the K1 with my now wife. I would not advise it for anyone who has the ability to travel back and forth to the US or has a career like already mentioned. But I do recognize that the K1 is the only option for some people.

 

With a spousal visa, a person can enter the US to activate their permanent resident status, and turn and fly back home the next day with no problems.

 

With that said, the plan to try and by-pass an already issued K1 in lieu of a visitor/ESTA is highly, highly risky.  We have only seen this successful on a less than handful of Canadians. And I vaguely remember one Canadian reporting that it didn't work.

 

But I agree with the plan to delay the interview and medical until your affairs are done and you are ready for the move to the US and the Adjustment of Status process. This is actually doable and a great option for the OP.

[Crazy Cat 41,836]

23 minutes ago, Viking said:

no I am travelling for my work - on a Visa Waiver - this is perfectly legit .. 

Thanks.  I misunderstood......my apologies. 

[Rose711 35]

28 minutes ago, Viking said:

no I am travelling for my work - on a Visa Waiver - this is perfectly legit .. 

No one said it’s not “technically” legit. My understanding is that repeated, frequent travel for work can be questioned because its gives the appearance that you are working in the US. It’s something you should be aware of, not telling you what to do.
 

You may not care as it sounds like you will be leaving the job and staying in the US once you enter on the K1 anyway. Or maybe they will give you a long leave of absence, 

 

Good luck with everything 

 

 

 

[Nitas_man 3,100]

9 hours ago, Viking said:

no I am travelling for my work - on a Visa Waiver - this is perfectly legit .. 

no work on a K1.  You know that right?

[Viking 142]

Question is about entering the US on visa waiver prior to entering on K1 Visa..

however you are incorrect-

K 1 visa gives you right to work- but you need to apply for EAD - after you are married you EAD can be extended until you receive your  Greencard - 

[geowrian 22,337]

Just now, Viking said:

however you are incorrect-

K 1 visa gives you right to work- but you need to apply for EAD - after you are married you EAD can be extended until you receive your  Greencard - 

K-1 is eligible to work. They need the EAD as you noted, though. The EAD is taking 4-7 months right now when applied alongside AOS. So it would be several months before being able to actually work.

[Viking 142]

Thank you - I am painfully aware...

it is a shame provisional EAD is not processed alongside the K1 visa process- this would save the hazzle for a lot of people- if you could apply prior to entering the US.

 

we just have to accept the hoops and jump when asked- afterall it is a privilege we are granted.