Processing time and ESTA entry

[Lesleylou81 1]

Hello me again, with my daft questions.

 

So my Fiancé and I have been analysing the K1 visa timelines over the last 12 months to try to gauge what kind of timescale we are looking at. It’s very much a cause of my anxiety with me leaving my career and sorting out the house I own as well as trying to plan a wedding ( which I am thinking a town hall / registry office will be less stress and will honour the K 1 visa rules) 

 

Anyway based on the data I’ve seen we estimate we might receive our NOA2 prior to Christmas with my interview being at the end of March ( all being well of course). This has come as a bit of a shock as we were thinking that I would be going over in March / April 2026. Therefore the reality that it might be April / May/ June 2025 was a bit of a wake up call and I’m not going to lie it knocked me for six. 
 

It’s fine as I’m sure we can sort it but my question is ( and I think I already know the answer) if I am in possession of my K1 visa can I enter on my ESTA so I can pop back to the UK before I am having to stay, get married in 90 days and then wait several months for parole / a work permit? 
 

The reason I ask is my Fiancé and I are looking for a larger apartment for when I move over which he won’t be able to get until The beginning of June at the earliest. So there are house hunting factors to consider plus I’d like to be able to bring a couple of suitcases of my belongings over too. 
 

Any help is appreciated, this forum and the people on it are a godsend.

Thank you all

[Crazy Cat 41,804]

Better make any VWP entries PRIOR to the K-1 visa being issued.  

[ScarletWitch6x 62]

43 minutes ago, Crazy Cat said:

Better make any VWP entries PRIOR to the K-1 visa being issued.  

I second this.

[Lesleylou81 1]

3 minutes ago, ScarletWitch6x said:

I second this.

 

47 minutes ago, Crazy Cat said:

Better make any VWP entries PRIOR to the K-1 visa being issued.  

Sorry what is a VWP entry?

Just now, Lesleylou81 said:

 

Sorry what is a VWP entry?

Argh Visa waiver programme 

[ineedadisplayname 496]

2 hours ago, Lesleylou81 said:

It’s fine as I’m sure we can sort it but my question is ( and I think I already know the answer) if I am in possession of my K1 visa can I enter on my ESTA so I can pop back to the UK before I am having to stay, get married in 90 days and then wait several months for parole / a work permit? 
 

The reason I ask is my Fiancé and I are looking for a larger apartment for when I move over which he won’t be able to get until The beginning of June at the earliest. So there are house hunting factors to consider plus I’d like to be able to bring a couple of suitcases of my belongings over too. 

You can't choose between VWP and K1 at the port of entry so if K1 is in your passport that will be used. I wonder if WVP is canceled the moment your K1 was issued.

 

While your intentions are good and you are doing this correctly by doing K1/CR-1 visa, bringing a bunch of suitcases with you while on VWP could cause you some issues at the port of entry and get you turned around since you are already expressing immigrant intent by just applying fort K1. For VWP always pack appropriately for the duration/weather season of your trip's destination. (e.g you don't need to bring your ski boots if you are going to florida in the summer)

Edited October 24 by ineedadisplayname

[NorthByNorthwest 345]

2 hours ago, Lesleylou81 said:

It’s fine as I’m sure we can sort it but my question is ( and I think I already know the answer) if I am in possession of my K1 visa can I enter on my ESTA so I can pop back to the UK before I am having to stay, get married in 90 days and then wait several months for parole / a work permit? 

 

Echoing what the others already said, fine to travel on ESTA _before_ the visa is issued - I traveled to the US a mere week before my K1 interview, but once the visa is in hand the ESTA option is gone.

[Cw1977 100]

3 hours ago, Lesleylou81 said:

Hello me again, with my daft questions.

 

So my Fiancé and I have been analysing the K1 visa timelines over the last 12 months to try to gauge what kind of timescale we are looking at. It’s very much a cause of my anxiety with me leaving my career and sorting out the house I own as well as trying to plan a wedding ( which I am thinking a town hall / registry office will be less stress and will honour the K 1 visa rules) 

 

Anyway based on the data I’ve seen we estimate we might receive our NOA2 prior to Christmas with my interview being at the end of March ( all being well of course). This has come as a bit of a shock as we were thinking that I would be going over in March / April 2026. Therefore the reality that it might be April / May/ June 2025 was a bit of a wake up call and I’m not going to lie it knocked me for six. 
 

It’s fine as I’m sure we can sort it but my question is ( and I think I already know the answer) if I am in possession of my K1 visa can I enter on my ESTA so I can pop back to the UK before I am having to stay, get married in 90 days and then wait several months for parole / a work permit? 
 

The reason I ask is my Fiancé and I are looking for a larger apartment for when I move over which he won’t be able to get until The beginning of June at the earliest. So there are house hunting factors to consider plus I’d like to be able to bring a couple of suitcases of my belongings over too. 
 

Any help is appreciated, this forum and the people on it are a godsend.

Thank you all

once you enter on K1, you are there until it’s all completed. It’s one reason why the cr1/ir1 is often a much better option for almost everyone. You can literally leave the next hour after entering with it, if you so choose and it’s still all fine. Gives you much more flexibility. 

[mam521 2,056]

Looking at your timeline and considering your concerns, you may want to do just as @Cw1977 has suggested - take the loss on the K1, get married quickly and file for the CR1.  The timelines aren't dramatically different but you would be able to enter the US, ready to begin life, work, travel, etc and not be concerned with adjusting status.  You'd just have to worry about removal of conditions.  The cost difference from pulling the current K1 is likely right there - the difference in AOS.  

[apnzz 228]

Like others have said, ESTA visits should probably be before k1 issuance.

 

After k1 is issued it's best not to try to enter the US until you're ready to use the k1 and marry and stay.

 

Many people have implied the ESTA get automatically cancelled upon k1 issuance, not sure if that is true but you shouldn't really risk it - if you enter and use the k1 and aren't ready for it, you can't leave the US until you have advanced parole approved or the green card, if you do, you won't be able to re enter and will have to do spousal visa. So even if the k1 issuance does not "cancel" the ESTA, it is not really worth the risk. 

[Lesleylou81 1]

Thanks everyone.. oh and just for the record I want planning on visiting with several suitcases. I was just wanting to have a few personal items that all.

[Crazy Cat 41,804]

48 minutes ago, Lesleylou81 said:

Thanks everyone.. oh and just for the record I want planning on visiting with several suitcases. I was just wanting to have a few personal items that all.

The problem is that once your K-1 is issued, any US entry can "activate" the 90 days clock for marriage.  Likewise, any departure from the US will appear on your I-94.  Since a K-1 is a single entry visa, you could find yourself stuck outside the US. 

Edited October 24 by Crazy Cat

[powerpuff 6,675]

*** Thread moved from Progress Reports to Process & Procedures ***
 

The chances of CBP not paroling you in as a K1 entrant is very low. You can try but just be aware and prepared that you have little control over that so if they admit you as a K1 (which is most likely) then that’s that.