K1 visa validity - Postponing Interview

[Etherial 277]

12 minutes ago, Jorgedig said:

Incorrect.  B visa denial with current ESTA/ESTA eligible means bye-bye ESTA.

Btw even if esta is cancelled i can always use my k1 and go to the US.

The problem is I dont wanna use it yet as I need to come back to my country for my company's operations

[Timona 4,207]

2 hours ago, Etherial said:

I dont disagree in general, but as I said above, our country is very low fraud and have recently allowed us to be able to apply for B1/B2 visa (although we are esta eligible) by mail, waiving even the interview stage, if 10 fingerprints were given in the past for another visa or when entry in the US.

 

This is a pandemic thing/ blessing. It will soon be taken out. Most US embassies are allowing this, my country included.

[SalishSea 17,820]

2 hours ago, Etherial said:

Definately NOT incorrect on that!

I own a travel agency company and I have been issuing ESTA's for over 10 years.

When you have a valid esta and get the visa denied, you need to UPDATE your esta info (specifically the question if you were ever denied a visa).

Depending on the visa category and the denial reason, the ESTA MIGHT or might not be denied.

 

I have had clients that were approved on ESTA while their visa was denied.

Travel companies "issue ESTAs"?  LOL

 

I have been around VJ long enough to see B denials lead to ESTA denials.

 

Good luck, I'm out.

[Sarah&Facundo 595]

This could depend on the country, but we postponed our K1 interview because we were traveling. We postponed it for about 9 months. My husband did enter the US prior to receiving his K1. I'm not saying this will always work out, but in our *personal* experience through Argentina, here is what happened:

 

November 2016: Petition approved and it went to the embassy.

December 2016: We were eligible for an interview, but we were traveling and didn't want to use the K1 (yes, in retrospect we should have done CR1 but we were young and silly lol)

 

Also, in being young and silly, we thought we could schedule the interview whenever we wanted and we ignored the letter for a while. I followed up with them in either August or September and though technically we were supposed to keep in contact with the embassy if we wanted to postpone it, we did not. It had already expired (our fault, completely). But they, thankfully, revived our case *whew* and told us we needed to go to the interview whenever they decided to schedule it. We were not allowed to postpone anymore (probably because of our negligence). Also, somewhere in 2017, we bought tickets for my then-fiance to come to Thanksgiving in November.

 

After our communication in September-ish, rhe eceived an interview date with about 2 weeks notice for mid-October 2017. I bought a ticket to Argentina that afternoon and we went to the interview together.

 

My fiance was approved for the K1 very easily. They never even asked us about our petition and what we had been doing during that time.

From reading Visajourney, I knew about the rule that technically your B2 gets canceled once the K1 is in there. BUT, I can be pretty ballsy lol and so I asked if he could still come for Thanksgiving. Bear in mind, he did NOT want to move until 2018. We planned on waiting the six months allotted. The officer said he would not cancel the B2.

 

*Cue everyone from visajourney saying this is impossible*

 

November 20-something, 2017. my then-fiance entered at JFK in New York with both a B2 and K1. We were nervous about attempting this, but he already had the ticket, so worst case scenario, they send him back right?

Well, he arrived and he opened his passport to the B2 visa page in hopes that the officer wouldn't really look at the passport. He looked at my husband, asked no questions except the general "how long do you plan on staying?" He told him he was spending Thanksgiving here and would be here for 10 days or 2 weeks or whatever it was. And he came through. No issues.

 

Then my husband entered again, this time on the K1, in March, 2018. No issues.

 

I've posted this story a few times on this site and usually I get comments saying it was luck. And maybe it was? I can't say. But I'm just sharing our experience and  I felt like some of it was applicable to yours. Granted, this is also a different country, although generally low fraud as well. None of these issues have ever come up and my husband now has a 10 year green card. Good luck!

 

[SalishSea 17,820]

2 hours ago, Etherial said:

Btw even if esta is cancelled i can always use my k1 and go to the US.

The problem is I dont wanna use it yet as I need to come back to my country for my company's operations

Hopefully you also realize you won't be able to work (even remotely) when you do come over on the K-1, for many months.

 

[Etherial 277]

46 minutes ago, Timona said:

 

This is a pandemic thing/ blessing. It will soon be taken out. Most US embassies are allowing this, my country included.

Yes I know.

Since my case is more complex though, I think it would be better to attend the interview in person.

 

I would love your input in my concern.

As I said I own a company that deals directly with US consumers and I have partnerships with US companies. I need to make a business trip to the US for my business operations longer than 90 days (3-5 months). I had initially applied for a B1/B2 visa in March 2021 and that was on hold due to the pandemic. In May 2021 me and my fiance applied for a fiance visa.

On November 2021 the tourist visa was scheduled for April 2022, i missed the appointment and rescheduled for Oct 2022 (I should note here that they initially gave me a later date but I requested an expedite due to this being a business trip being postponed since 2021 and got approved).

 

Now, I am wondering if i should postpone my fiance visa interview (that is now case-ready at embassy) as I do not wish to use it yet. I need to make the business trip and come back to my country before i use the fiance visa.

Do you think it is worth trying this or am I risking my esta for no reason and I should travel using my esta for shorter time instead?

[Etherial 277]

1 minute ago, Jorgedig said:

Travel companies "issue ESTAs"?  LOL

 

I have been around VJ long enough to see B denials lead to ESTA denials.

 

Good luck, I'm out.

Jorge thank you for your input however, there are TONS of internet illiterate individuals that apply for ESTA through travel agencies!

I never said B denials dont lead to ESTA denials, I said it might and might not happen, there is not a general rule and travel history matters as well.

 

When an individual with good travel history, following the rules that applies to a visa because travel will be more than 90 days could be denied for lenght of travel, not for visit as a whole.

4 minutes ago, Jorgedig said:

Hopefully you also realize you won't be able to work (even remotely) when you do come over on the K-1, for many months.

 

I do. 

And that is why i need to take the business trip before i use the k1 

[SalishSea 17,820]

Just now, Etherial said:

Jorge thank you for your input however, there are TONS of internet illiterate individuals that apply for ESTA through travel agencies!

I never said B denials dont lead to ESTA denials, I said it might and might not happen, there is not a general rule and travel history matters as well.

 

When an individual with good travel history, following the rules that applies to a visa because travel will be more than 90 days could be denied for lenght of travel, not for visit as a whole.

For others reading, I promise that travel companies DO NOT issue ESTAs.  The US DEPARTMENT of STATE issues ESTAs.

[Etherial 277]

5 minutes ago, Jorgedig said:

For others reading, I promise that travel companies DO NOT issue ESTAs.  The US DEPARTMENT of STATE issues ESTAs.

Oh geez, u must be fun at parties.

I NEVER SAID we issue estas, I said we apply.

We apply on behalf of the customer!

Ever seen that option where it says Applying as a group?

 

When a travel agency sents 40 travellers to the US for holidays do you think they apply separately? Or that the agency handles this?

Edited October 15, 2022 by Etherial

[SalishSea 17,820]

2 hours ago, Etherial said:

I own a travel agency company and I have been issuing ESTA's for over 10 years.

"I NEVER SAID we issue estas, I said we apply."

Edited October 15, 2022 by Jorgedig

[Etherial 277]

13 minutes ago, Sarah&Facundo said:

This could depend on the country, but we postponed our K1 interview because we were traveling. We postponed it for about 9 months. My husband did enter the US prior to receiving his K1. I'm not saying this will always work out, but in our *personal* experience through Argentina, here is what happened:

 

November 2016: Petition approved and it went to the embassy.

December 2016: We were eligible for an interview, but we were traveling and didn't want to use the K1 (yes, in retrospect we should have done CR1 but we were young and silly lol)

 

Also, in being young and silly, we thought we could schedule the interview whenever we wanted and we ignored the letter for a while. I followed up with them in either August or September and though technically we were supposed to keep in contact with the embassy if we wanted to postpone it, we did not. It had already expired (our fault, completely). But they, thankfully, revived our case *whew* and told us we needed to go to the interview whenever they decided to schedule it. We were not allowed to postpone anymore (probably because of our negligence). Also, somewhere in 2017, we bought tickets for my then-fiance to come to Thanksgiving in November.

 

After our communication in September-ish, rhe eceived an interview date with about 2 weeks notice for mid-October 2017. I bought a ticket to Argentina that afternoon and we went to the interview together.

 

My fiance was approved for the K1 very easily. They never even asked us about our petition and what we had been doing during that time.

From reading Visajourney, I knew about the rule that technically your B2 gets canceled once the K1 is in there. BUT, I can be pretty ballsy lol and so I asked if he could still come for Thanksgiving. Bear in mind, he did NOT want to move until 2018. We planned on waiting the six months allotted. The officer said he would not cancel the B2.

 

*Cue everyone from visajourney saying this is impossible*

 

November 20-something, 2017. my then-fiance entered at JFK in New York with both a B2 and K1. We were nervous about attempting this, but he already had the ticket, so worst case scenario, they send him back right?

Well, he arrived and he opened his passport to the B2 visa page in hopes that the officer wouldn't really look at the passport. He looked at my husband, asked no questions except the general "how long do you plan on staying?" He told him he was spending Thanksgiving here and would be here for 10 days or 2 weeks or whatever it was. And he came through. No issues.

 

Then my husband entered again, this time on the K1, in March, 2018. No issues.

 

I've posted this story a few times on this site and usually I get comments saying it was luck. And maybe it was? I can't say. But I'm just sharing our experience and  I felt like some of it was applicable to yours. Granted, this is also a different country, although generally low fraud as well. None of these issues have ever come up and my husband now has a 10 year green card. Good luck!

 

Thank you for your input.

Yes, I have requested to reschedule the interview explaining why I do not wish to use my k1 visa yet with the embassy.

 

Also, I have read also other stories where the consular officer does not cancel the B2 visa and specifically states: I won't cancel the visa in case you need to visit before using the k1 so I know it's doable.

 

My only concern is that I apply for the visa while the k1 visa and not have it before

[Etherial 277]

Just now, Jorgedig said:

I NEVER SAID we issue estas, I said we apply.

wrongly worded obviously.

Anyone that have travelled as a group to another country that requires a visa, knows that the agency handles also the visa issuance not that we issue them ourselves.

[SalishSea 17,820]

You most certainly said you issue ESTAs.  I'm trying to clarify for other readers.   

 

I'm out of this ridiculous thread.  Good luck.

[Etherial 277]

Just now, Jorgedig said:

You most certainly said you issue ESTAs.  I'm trying to clarify for other readers.   

 

I'm out of this ridiculous thread.  Good luck.

I am sorry if it is ridiculous for you. You obviously care more to correct incorrect wordings than offer actual input. If only this was an actual conversation with someone where u "listen" to their clarifications.

Nevertheless, thank you for the input and your comments

 

[Timona 4,207]

I have nothing to add that hasnt been said by others, who know better than I. One way or another, you'll have to trigger that K-1.

 

Theoretically, for your situation, if you get a B1/B2, doing a CR-1 is better as you can potentially visit and do your business during processing. The K-1 doesn't allow that.