Very important question!!!!

[Comic 66]

I'm a British citizen and I used the visa waiver to travel to the US before, but now I'm entering on a K1 visa to marry my fiancée. After marriage if I leave the US without getting my GC and AP would I be able to enter back into the US using my visa waiver being a British citizen under the visa waiver program???

[Harpa Timsah 13,258]

If you don't want to live in the US, why are you getting a fiance visa?

[Lainie B 465]

As long as you don't overstay the 90 days allowed upon entry with a K-1.

But why would you want to enter on a K-1 and then leave without getting a green card?

[All fingers cross 0]

As I understand it I would say No you can't .

The visa waiver program is designed to be used for non immigrants / Tourists only and not intending immigrants.

When you apply for your ESTA ( visa waiver) it will ask you if you have ever applied for or been given a visa, obviously you would have to answer yes, due to your upcoming marriage to a USC and assuming you both wish to live in the USA you will defiantly have problems with intent issues and may be denied either via ESTA or at POE.

You need to wait for you AP or Green Card mate, good luck and best wishes with your upcoming marriage

[Comic 66]

I think you all misunderstood the what I was asking or maybe I didn't use the right words, after getting married I want to take a short trip with my new wife and I was wondering if I would be allowed in the US again after the trip if I have a visa waiver

Thanks I think that answers my question

[Harpa Timsah 13,258]

I think you all misunderstood the what I was asking or maybe I didn't use the right words, after getting married I want to take a short trip with my new wife and I was wondering if I would be allowed in the US again after the trip if I have a visa waiver

No, you cannot do a honeymoon straight away. The K-1 is a one-time use visa. If you leave without filing for AOS and getting an approved AP, then you will be stuck outside the US and will need to pursue a spousal visa.

It is illegal to enter on the VWP with the intent to immigrate, so they will see that you last entered on a fiance visa and deny you entry.

Edited April 19, 2014 by Harpa Timsah

[Comic 66]

Thanks for the clarity

Edited April 19, 2014 by Comic

[Lainie B 465]

As long as you don't overstay the 90 days allowed upon entry with a K-1.

But why would you want to enter on a K-1 and then leave without getting a green card?

OK nevermind what I wrote here. I misunderstood your intent.

You need to wait for your AP or GC.

[KayDeeCee 4,891]

If you leave before getting AP or your green card, then you abandon the AOS process. You cannot then enter under the VWP and try to AOS. Save the honeymoon for after you file for AOS and receive the AP or green card, or honeymoon somewhere in the US or its territories.

~ Moved from K-1 Process to Working & Traveling During US Immigration ~

[christeen 966]

K1 then marry ... File for AOS and AP/EAD (about 90 days) if you leave before getting, you will have to remain outside USA (no VWP) and file for CR1 (10-14 months) ... Don't do it... Do a domestic honeymoon...

[carton025 38]

I think you all misunderstood the what I was asking or maybe I didn't use the right words, after getting married I want to take a short trip with my new wife and I was wondering if I would be allowed in the US again after the trip if I have a visa waiver

Thanks I think that answers my question

To answer your question probably not. I base my answer on the specific "wording" of the K1 visa. It is a "one-time" entry visa. Leaving the US will not be a proble. The problem will occur when you try to re-enter the US without a valid visa. You might want to talk to the US embassy in your country to make sure and you might also want to talk to your country's immigration and see how they handle it.

Just me, but after you get married file for the AOS, AP, and EAD ASAP! After filing and receipt of the AOS petition and there are no problems in about 10 weeks +/- 2 weeks you should receive the "combo" card that includes the AP and EAD card. After receipt of this you can travel outside the US and be able to return. This is what my gal did. But, keep in mind that there are restrictions and to how long and how often you leave the US.

Best of luck!

[MacUK 983]

As I understand it I would say No you can't .

The visa waiver program is designed to be used for non immigrants / Tourists only and not intending immigrants.

When you apply for your ESTA ( visa waiver) it will ask you if you have ever applied for or been given a visa, obviously you would have to answer yes, due to your upcoming marriage to a USC and assuming you both wish to live in the USA you will defiantly have problems with intent issues and may be denied either via ESTA or at POE.

You need to wait for you AP or Green Card mate, good luck and best wishes with your upcoming marriage

Just a technicality and doesn't apply to the OPs question but the ESTA application asks if you've ever been DENIED a visa, not if you've applied for one.

[Avery Cates 1,141]

I'm a British citizen and I used the visa waiver to travel to the US before, but now I'm entering on a K1 visa to marry my fiancée. After marriage if I leave the US without getting my GC and AP would I be able to enter back into the US using my visa waiver being a British citizen under the visa waiver program???

Pretty sure when you get a K-1, your existing non-immigrant visas are cancelled.

So no, you would not be allowed back in under VWP/Visitor visa.

[Al422 221]

You will kill the K-1 once you leave the country. While you may get back in under the VWP, you would then have to comply with VWP rules like leave after 90 days.

[Avery Cates 1,141]

You will kill the K-1 once you leave the country. While you may get back in under the VWP, you would then have to comply with VWP rules like leave after 90 days.

The K-1 is dead the minute she enters on it. VWP/Tourist visa is dead as soon as the K-1 is issued.

Her only way to get back in after leaving before AP/Green Card after admission on a K-1 would be to file for a CR-1, which will take a year or more to get.