Visiting fiance without activating K1 visa

[Trochilidae 0]

Hi all!

Last week I had my K1 interview and I was approved! I couldn't be more excited and happy! I'm in the process now of getting everything sorted here in Europe, cancelling contracts, my lease, etc.

My parents today suggested I go visit my fiance at the end of the summer (they want to pay for the ticket) for a few weeks to bring some of my stuff over and to see him (we haven't seen each other in a year!).

I've searched the forum and most of the answers suggest that it's up to the immigration officer whether or not to let me through. I still have a valid B1/B2 visa in my old passport. My biggest fear is being turned away which would end up being a huge waste of money and I don't know what the repercussions are as far as my K1 visa is concerned. Does anyone from Europe have any experience with this?

Basically what I'm asking is, is it possible to visit my fiance in the US (I'm from Europe) and ask the immigration officer not to 'activate' my K1 visa just yet? I will be moving to the US later this year once I tie up all the loose ends here and that's when I would like to have it activated. Right now I just want to visit him and be with him for a few weeks and have a late 'summer holiday' of sorts. Should I provide proof that I still have ties to my own country that need to be sorted before I can have my visa activated? (copy of my contracts, apartment lease etc.?)

Also if the immigration officer tells me it's not possible to not activate it, what then? Do I go back on the first flight or can I appeal their decision?

I'm incredibly confused because there are so many conflicting answers on the forum. Some people got through immigration without activating it, others didn't.

I appreciate any answers, everyone here has been nothing but helpful. I really appreciate it!

Edited August 18, 2013 by Trochilidae

[NicholasNissel 2]

they already cancelled your b1b2 visa.you can only have one visa to enter the us.and if you wanna go visit your fiance you should use your fiance visa.

you should read the k1 forums thread "yes you can visit" there are so many people who wrote what youre looking for inthis question.and congrats to you and your fiance.von voyage.sorry hard to type on my phone lol.

[Trochilidae 0]

No worries, I'll check it out! Thanks for pointing me in the right direction!

[NicholasNissel 2]

Sure no problem: )

[NicholasNissel 2]

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

This is the link incase you haven't found it yet. But I'm sure you did.. just post it here to be sure.

[Trochilidae 0]

Yup, I found it!

But it seems these posts are from when the visa was still pending for many people. I have mine in my hand right now, wouldn't that make a huge difference as it is said that as soon as you enter the country (within 6 months of approval) you have to get your K1 activated?

[C-ma'am 684]

So, they didn't cancel your B2? They should have cancelled without prejudice (they put a stamp on it)

[jenni17 36]

Yup, I found it!

But it seems these posts are from when the visa was still pending for many people. I have mine in my hand right now, wouldn't that make a huge difference as it is said that as soon as you enter the country (within 6 months of approval) you have to get your K1 activated?

I've never heard of this being done, but my suspicion would be that it's not possible. May I suggest your fiance come to visit you instead and bring your stuff back with him? If he can get vacation time off?

[baron555 934]

No, the K-1 is next to be used.

[NicholasNissel 2]

Most people would tell you that you're any Other visas you have is already cancelled once you have the k1 visa.they don't allow you to enter with your b2 cause it's automatically invalid. Sorry about the thread you gotta dig there but many people here on your own thread are on the same page as me. Thanks for reading.

[VanessaTony 3,567]

It's common for people from VWP country to wonder the same thing (after all, they didn't have a visa to "stamp" with invalid).

The problem you face is this. Assuming CBP lets you in and doesn't invalidate your K1, you face the chance that USCIS, when adjudicating your AOS, decides that because you entered the US after issuance of your K1, that that was your K1 entry, and your subsequent entry (which YOU thought was the K1) didn't count. They then could deny your AOS because you left after "activating" the K1 and before AOS.

Personally I wouldn't take the risk. it's just not worth it.

Edited August 19, 2013 by VanessaTony

[me & her 2]

i suggest you dont complicate things,and just enter the US with your k1 visa when you are ready

[nobbie 105]

I would not try it, it's a 1 shot visa so if you enter and trigger the 90 days to get married you must, or leave and have to start again I would imagine.

Just get him over or meet somewhere else.

[Jo Amelia Finlay 20]

I was recently wondering the same thing and have decided against it. I didn't find a solid, official answer as such but the general view is it's not possible/a good idea to try.

Other options are, as someone said above, he visits you, or you meet in a country other than the US for your trip. I was considering Canada (as my fiance lives quite close to the border anyway) but the flight prices... So now I'm just going to wait!

Like anything it's up to the individual to evaluate the risks and rewards, but personally I just don't think it's worth the gamble or stress!

[Harsh_77 718]

So, they didn't cancel your B2? They should have cancelled without prejudice (they put a stamp on it)

It was on a older passport, her B1/2 should be cancelled.