Leaving the US on a K1 Visa

[Almaviva 1]

Hello,

I believe I asked something similar before but maybe I wasn't clear enough with my situation.

Im going to the US with my american Fiancee in a week to get married. I have a valid K1 visa on my passport. We are leaving the US after 10 days of our arrival, and we're getting married in between those days of our trip. We have no intention to live or stay in the US, at least not for now, so we won't even fill any adjustment of status paper or anything. We're just coming in the country, getting married there so she can share it with her family, and coming back to my country (where we've been living for the past 2 years together in our apartment)

My question is: would there be any "punishment" for leaving the US for any possible future visits if I had a K1 visa, got married but didn't stay in the country? One would think it would only be considered as a forfeiture for any naturalization process and nothing else should happen. My concern is coming back using ESTA after having a K1, getting married, but not staying.

PS: I know that in theory, you don't need a K1 visa to get married in the US and leaving, but that's in theory. I've been in the US several times (around 10) and know how distrutful CBP officers can be. So flying to the states with an american person and say the purpose of your trip is to get married and leave, might not sound like the most 'legit' plan to them. Hence, we figured the K1 visa was necessary.

Thank you for your help!

[Unlockable 7,306]

You could have traveled to the US, gotten married, and left without a need for the K1 visa.

Edited April 27, 2016 by NuestraUnion

[Almaviva 1]

You could have traveled to the US, gotten married, and left without a need for the K1 visa.

I guess you didn't read the last part of my post...

[Caryh 5,206]

Spouses of American citizens have had the same problem with entry with ESTA and even B2 visas. There is often an assumption that any entry once engaged to or married to a USC that the noncitizen will try to adjust status once they enter the country. But this seems to vary based on country of origin. But there is not penalty for not staying in the USA when entering with a K-1 visa. If anything might give further proof that a visitor will not over stay.

Edited April 27, 2016 by Caryh

[Unlockable 7,306]

I guess you didn't read the last part of my post...

I did.

But the OP has no intention of living in the US after marriage. Many come, have a wedding, and go back home sans K1.

[JFH 12,189]

That was a lot of expense and paperwork just because the CBP officer "might" not allow you in to get married under the VWP. I got married on a VWP trip. Thousands go to Las Vegas each year to get married. There are several travel companies in the UK who deal only with destination weddings and Hawaii and Las Vegas are some of their biggest destinations.

I think the CBP officer would find it strange if you say you are arriving to get married and then leaving again if you have a K-1.

[Almaviva 1]

Spouses of American citizens have had the same problem with entry with ESTA and even B2 visas. There is often an assumption that any entry once engaged to or married to a USC that the noncitizen will try to adjust status once they enter the country. But this seems to vary based on country of origin. But there is not penalty for not staying in the USA when entering with a K-1 visa. If anything might give further proof that a visitor will not over stay.

That's what I thought. I assumed that on any trip after this one, I could be sent to second screening or questioned more in depth, but thats alright because I have plenty of information to back me up about not having any intentions to stay (we've lived here for years, we own an apartment here, cars, pets, we both have great jobs here, make good money, I have no family in the US, I've been there 10 times and have never overstayed a minute, etc, etc.)

Hopefully someone who has left on a K1 and has come back using the ESTA can share their experience...

[Almaviva 1]

That was a lot of expense and paperwork just because the CBP officer "might" not allow you in to get married under the VWP. I got married on a VWP trip. Thousands go to Las Vegas each year to get married. There are several travel companies in the UK who deal only with destination weddings and Hawaii and Las Vegas are some of their biggest destinations.

I think the CBP officer would find it strange if you say you are arriving to get married and then leaving again if you have a K-1.

I suppose you could see it that way, but why risk it? only to save a few hundred bucks? CBP officers can be real jerks since they have the last saying on who's coming in or not.

[Boiler 43,436]

Seen lots of people use the vWp and marry here, none who used a K1 instead.

[Almaviva 1]

In all honesty, we didn't think much of it at the time and just went with it thinking it was necessary. We were wrong, but then I found out at the embassy when they had already given me the visa.

So now we're just trying to work with what we have, and not with what we should have done... Hopefully it doesn't do any harm.

The problem always seems to be people who want to stay, I'm trying to leave and not live in the US, thought that would be the easy part

[Harpa Timsah 13,258]

You already have the K1? There will no penalty for leaving, but you will have to update your ESTA next time you use the VWP.

Edited April 27, 2016 by Harpa Timsah

[Almaviva 1]

Yes ma'am, it's only my passport already. I used to travel with my B1/B2 visa until I got this one and that was cancelled. So I've never even used the ESTA, so once I get it'll be updated

[Caryh 5,206]

Yes ma'am, it's only my passport already. I used to travel with my B1/B2 visa until I got this one and that was cancelled. So I've never even used the ESTA, so once I get it'll be updated

Since you been coming and going with the B2, I would have just opted that way also.

[Almaviva 1]

Since you been coming and going with the B2, I would have just opted that way also.

Now that I've read stuff here, I guess I would have done that too. But it's too late now, so I'm trying to figure things out with the options I currently have

[Caryh 5,206]

Now that I've read stuff here, I guess I would have done that too. But it's too late now, so I'm trying to figure things out with the options I currently have

Yep, that ship has sailed. I would think with a history of visiting, you shouldn't have too much trouble getting a B2 again.