Enter US without activating K-1

[gail&scott 0]

Does anyone know if it is possible to enter the US on a 90 day visa waiver if a K-1 has already been issued? My situation is that my fiance and I are planning on leaving the country a week after she arrives from London to go to Costa Rica (which is actually going to be are non-legal wedding). I am wondering if she can enter on a normal tourist visa and then leave the country for Costa Rica and then enter on the K-1 visa......thanks

[YuAndDan 153]

NO The POE officer will see the Visa, it is affixed to a page in your passport, and will not let you enter the USA on VWP.

[Krikit 1,165]

It's possible. I've done it. But I wouldn't recommend it unless you are prepared for it to happen. The Consulate Officer told us that it is not policy that K-1 visas be used at the POE, but it is always up to the Immigration Officer as to whether they will enforce its use or not.

Edited March 31, 2008 by Crikey!

[pushbrk 13,176]

It's possible. I've done it. But I wouldn't recommend it unless you are prepared for it to happen. The Consulate Officer told us that it is not policy that K-1 visas be used at the POE, but it is always up to the Immigration Officer as to whether they will enforce its use or not.

I agree, it is possible but far too risky, since you have a need to leave the US and return again. The only way your Costa Rica plans are going to work is if there is no marriage and she goes to Costa Rica before entering the US.

Bad planning. Really bad.

[rebeccajo 14]

It's possible. I've done it. But I wouldn't recommend it unless you are prepared for it to happen. The Consulate Officer told us that it is not policy that K-1 visas be used at the POE, but it is always up to the Immigration Officer as to whether they will enforce its use or not.

Yes, it can indeed be done. But as Crikey says, it is up to the POE officer.

I'd suggest you meet your fiance in Costa Rica for non-legal wedding, and then the two of you return to the US at which point the K will be activated.

[payxibka 10,047]

Does anyone know if it is possible to enter the US on a 90 day visa waiver if a K-1 has already been issued? My situation is that my fiance and I are planning on leaving the country a week after she arrives from London to go to Costa Rica (which is actually going to be are non-legal wedding). I am wondering if she can enter on a normal tourist visa and then leave the country for Costa Rica and then enter on the K-1 visa......thanks

You have three possible scenarios at the POE..

1) They admit you under VWP

2) They admit you but as a K-1

3) They turn you back because you do not want to be admitted as a K-1 and they refuse to admit you as VWP

2 out of 3 not so good results....