Entering the US after the K1

[Slightly Bonkers 0]

Hypothetical....

I have 6 months to enter the US on a K1 visa after issue. Once I enter I can't leave the country for 90ish days without a Parole.

but

Can I enter the US during those six months on a VWP, not marry, go home and return later within the original 6 mths on a K1 and marry?

Ok you should be able to get it with the top two sentences but some more info ...

As most of us .. I hate being away from my guy. There's a good chance my visa will be issued next may/june/july which means I have to enter the country on my K1 nov/dec/jan. If during that 6 months I want to visit my fiance but come home immediately, not 'emmigrate' to the us (not use the K1), is that possible? I have a job that may not release me easily until sept next year so may want to visit after the K1 has been issued buy before the long term emmigration.

Do you just face the regular pre-K1 immigration issues? Or is it actually impossible to enter with a visa and not use it?

Thanks!

[~Nini~ 2]

I've heard that it can be done, but it's ultimately up to the discretion of the immigration officer.

Edited October 18, 2007 by Nini & Bee

[Otto 83]

Hypothetical....

Can I enter the US during those six months on a VWP, not marry, go home and return later within the original 6 mths on a K1 and marry?

Do you just face the regular pre-K1 immigration issues? Or is it actually impossible to enter with a visa and not use it?

[mox 298]

Hypothetical....

I have 6 months to enter the US on a K1 visa after issue. Once I enter I can't leave the country for 90ish days without a Parole.

but

Can I enter the US during those six months on a VWP, not marry, go home and return later within the original 6 mths on a K1 and marry?

Ok you should be able to get it with the top two sentences but some more info ...

As most of us .. I hate being away from my guy. There's a good chance my visa will be issued next may/june/july which means I have to enter the country on my K1 nov/dec/jan. If during that 6 months I want to visit my fiance but come home immediately, not 'emmigrate' to the us (not use the K1), is that possible? I have a job that may not release me easily until sept next year so may want to visit after the K1 has been issued buy before the long term emmigration.

Do you just face the regular pre-K1 immigration issues? Or is it actually impossible to enter with a visa and not use it?

Thanks!

Wow, that's really a can of worms. I wouldn't recommend trying it. First of all, I'm not even sure you can have 2 US visas in your passport. Maybe someone else knows the answer to that. But even if you can, what happens if the immigration officer stamps the wrong one? Or what happens if they think you're trying to pull some kind of fast one and deny you entry on the visitation Visa? Doesn't invalidate your K-1, but it does mean you spent a lot of money just to be turned away.

[Jasman0717 9]

Yes, you can enter on the VWP but you need to tell the people at the POE what visa you are using. You might have to explain yourself but it is doable.

Others have done this very same thing in the past.

[YuAndDan 153]

There is a K-1 visa in your passport, the POE officer will see it, and activate it. You cannot enter on VWP with a K-1 visa affixed in your passport.

[Rob & Jin 0]

There is a K-1 visa in your passport, the POE officer will see it, and activate it. You cannot enter on VWP with a K-1 visa affixed in your passport.

AGREED, and once activated you cannont leave without parole, my guess is if you did you could run into all kinds of trouble trying to get back in on a tourist visa, hope you get a nice IO at the POE if you do this.

[rebeccajo 14]

There is a K-1 visa in your passport, the POE officer will see it, and activate it. You cannot enter on VWP with a K-1 visa affixed in your passport.

That is incorrect. It can indeed be done.

[ellis-island 6]

Slightly Bonkers:

Hypothetical....

I have 6 months to enter the US on a K1 visa after issue. Once I enter I can't leave the country for 90ish days without a Parole.

but

Can I enter the US during those six months on a VWP, not marry, go home and return later within the original 6 mths on a K1 and marry?

Ok you should be able to get it with the top two sentences but some more info ...

As most of us .. I hate being away from my guy. There's a good chance my visa will be issued next may/june/july which means I have to enter the country on my K1 nov/dec/jan. If during that 6 months I want to visit my fiance but come home immediately, not 'emmigrate' to the us (not use the K1), is that possible? I have a job that may not release me easily until sept next year so may want to visit after the K1 has been issued buy before the long term emmigration.

Do you just face the regular pre-K1 immigration issues? Or is it actually impossible to enter with a visa and not use it?

Thanks!

On the surface, your intent appears to be non-immigrant. But you have a K-1 visa, which

allows you to immigrate sitting there unused in your passport. You would have already been

interviewed by a consular officer and approved to immigrate to the U.S. Yet, you'd be trying

to enter on a VWPP visa.

You could explain to the Airport Inspector that you are slightly bonkers.

But that would risk a new ground of inadmissibility, INA §212(a)(1)(A)(iii).

Then you'd really have a problem.

Dan & Yu wrote:

"There is a K-1 visa in your passport, the POE officer will see it, and activate it."

I think that is a realistic scenario.

Having a K-1 in your passport does not disqualify you for entry under the VWPP - at least not according to this:

"To qualify for the VWPP, travelers from participating countries must:

Have a valid passport issued by the participating country and be a citizen (not only a resident) of that country;

Be seeking entry for 90 days or less as a temporary visitor;

If entering by air or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the waiver program, and arrive in the United States aboard such a carrier. (Note - if traveling by private plane or boat you must obtain a visa.)

If arriving by a land border, have proof of financial solvency and a domicile abroad.

Complete and sign a visa waiver arrival/departure form (I-94W). These forms are available from participating carriers and at land-border ports of entry. (Travelers should consult carriers before departure to verify which ones are participating). By signing this form the travelers indicate that they understand the limits of the program and that they waive the right to a hearing of exclusion or deportation (if they are found excludable at the Port of Entry). "

--

There may be another rule, in another part of the regs that requires airport inspectors to validate only the K-1

and refuse admission on the VWPP. I don't know. But I think that's what an airport inspector would do.

--

I'm not sure about your understanding of this though:

"Once I enter I can't leave the country for 90ish days without a Parole."

I'm not sure where that rule is found. You MUST marry within 90 days of arrival.

The K-1/I-94 will be valid for 120 days or so. But you must file for adjustment of

status to change status from K-1 to LPR.

With your adjustment of status application, you can file for advance parole

which allows you to temporarily leave the US while your adjustment application

is pending.

[Rob & Jin 0]

Hypothetical....

I have 6 months to enter the US on a K1 visa after issue. Once I enter I can't leave the country for 90ish days without a Parole.

but

Can I enter the US during those six months on a VWP, not marry, go home and return later within the original 6 mths on a K1 and marry?

Ok you should be able to get it with the top two sentences but some more info ...

As most of us .. I hate being away from my guy. There's a good chance my visa will be issued next may/june/july which means I have to enter the country on my K1 nov/dec/jan. If during that 6 months I want to visit my fiance but come home immediately, not 'emmigrate' to the us (not use the K1), is that possible? I have a job that may not release me easily until sept next year so may want to visit after the K1 has been issued buy before the long term emmigration.

Do you just face the regular pre-K1 immigration issues? Or is it actually impossible to enter with a visa and not use it?

Thanks!

K-1 becomes active for the 90 days as soon as she enters POE, sorry you cant choose which visa to enter on, if you leave without AP then K-1 is considered abandomed

Edited October 20, 2007 by Rob & Jin

[Slightly Bonkers 0]

"Once I enter I can't leave the country for 90ish days without a Parole."

Sorry if it's unclear - If I get married within days of entering the country, immediately apply for AOS and Advanced Parole, it could take up to 90 days to receive the AP, meaning I couldn't return to Ireland for at least 90 after enter.

Thanks everyone for your opinion, I guess I'll just ask at the embassy when (if) I go for my interview.

[msu17 0]

Don't know if they will activate K1 at the border or not, but I think you're slightly confused on the AP. After you enter on the K1, you have 90 days to marry. After that you send in your AOS paperwork and EAD/AP if you want. On average its 90 days AFTER you send in the AP paperwork that you should get your AP. So unless you get married the day you enter and file the next day, its going to be longer than 90ish days before you can leave.

[Slightly Bonkers 0]

Don't know if they will activate K1 at the border or not, but I think you're slightly confused on the AP. After you enter on the K1, you have 90 days to marry. After that you send in your AOS paperwork and EAD/AP if you want. On average its 90 days AFTER you send in the AP paperwork that you should get your AP. So unless you get married the day you enter and file the next day, its going to be longer than 90ish days before you can leave.

No I understand that, I was just mentioning the absolute minimum, and at this stage I can't wait to get that ring on my finger! If theres a courthouse on the way home from the airport I'll just do it there!!

[rebeccajo 14]

I recall reading the account of a VWP citizen already possessed of a K1 visa in his passport, who wanted to enter the US for a BRIEF period (it was just days if I recall) without activating his K1, and having been successful in doing so.

So I know it can be done, but I think it may depend on the decision of the CBP official one encounters.

[Jasman0717 9]

There is a K-1 visa in your passport, the POE officer will see it, and activate it. You cannot enter on VWP with a K-1 visa affixed in your passport.

It has been reported that you can ask the PO to not activiate the K-1 and use the other visa. I have read several posts concerning that.