URGENT: Death of gf's father! Can I use my old B2 after getting a K1?

[b2tok1tob2 0]

I am from Ireland and my girlfriend is from the United States. Three years ago after dating for a year I got a B2 visa. I did this in order to make the frequent trips over and back easier. As an Irish citizen I didn't need the B2 but I thought that it would be nice to not have to fill out the ESTA form each time and it also gave me the freedom to stay longer if I wished. I visited on the B2 several times. I even got a new passport and still traveled using the B2 in the old passport.

We decided that to further our relationship we needed to be closer together. We both love each other and the best option seemed to be to get married. I applied for and got a K1 visa. I quit my job traveled to the states on the K1. We were a little apprehensive so we decided not to marry straight away and use the 90 days given to make sure that we were ready. Long story short, we weren't. I informed the embassy in Dublin that we weren't going ahead with the marriage at that time and I moved back to Ireland (within the 90 days) and got a new job. That was during this summer just gone (2016).

A few months have gone by and I haven't visited since. She is planning on visiting my family for Christmas. And there was a rough plan for m to visit her in February.

However some terrible news came this morning. Her father suddenly died! She is devastated! The funeral will be in the next 2 or 3 days.

I am now trying to frantically figure out where I stand with my old B2 visa in order to fly out tomorrow morning. I emailed the embassy. A woman called me back soon after. She said that if my B2 was not after expiring and that it hadn't been cancelled I could use it. However, she said that it should have been cancelled when I got my K1. According to her it should have been stamped with "Cancelled" at some point during the K1 process. I don't know how this could be, maybe I messed up in the k1 process, maybe she is incorrect? She said that it would be the person at the desk in immigration in the airport who would make the decision on whether I could enter or not.

I don't remember at any point in the K1 process being asked did I have a B2 visa, nor do I remember sending in my old passport during the K1 process. Am I wrong in this? Did I make a mistake?

I am terrified that if I arrive in the airport they will not only reject me and deport me (and I'll lose €800), but that I will also get some sort of ban. I have seen that "material misrepresentation" can cause a lifetime ban!! Is this considered that? Even if accidental?

I considered just going the ESTA route but that specifically says that you can only apply if "You are currently not in possession of a visitor's visa". I'm not even sure if I am!

Please help. I don't know what to do. I want to be totally above board and honest with them. I don't want to get in trouble. I just want to be with my girlfriend to help her deal with the loss of her father.

Any advice at all? What should I do?

[Georgia16 2,858]

They cancel the visitor visa when you get the K-1. Since it's in your old passport it obvious couldn't get stamped so it's probably in their computer system.

It was unfortunately you got the B2 since you had ESTA option.

Just try and fill out the ESTA and see what happens when you get reply, usually I got replay with minuts.

[simsim2 50]

Get an ESTA

[Boiler 43,423]

Why did you have a B, most people use the VWP.

Sometimes they cancel sometimes they do not, anyway there is pre clearance in Ireland so you would not get on the plane without valid documentation.

[Californiansunset 332]

I have a B visa in my old passport too that is not expired yet. I asked the CO at the K1 interview and he told me that I wouldn't be able to use it anymore as it's cancelled. So I guess they just do that in their computer and they would've just physically cancelled it, if the visa had been in your current passport.

Just get ESTA, I've never heard of someone who had to wait longer than 5 minutes to get it including myself.

[JFH 12,189]

As an Irish citizen I didn't need the B2 but I thought that it would be nice to not have to fill out the ESTA form each time and it also gave me the freedom to stay longer if I wished. I visited on the B2 several times. I even got a new passport and still traveled using the B2 in the old passport.

This sounds fishy. One ESTA approval lasts two years, you don't "fill something out every time", it costs $14 and is considerably cheaper and quicker than a B2. Also, why does a working man need more than 90 days at a time that the VWP grants? A B2 is rarely granted to someone of working age when the VWP covers their options perfectly.

Is there perhaps a reason that you don't qualify for the VWP? I mean, why spend $160 and cart yourself off to the embassy for an appointment when five minutes of typing and $14 will get you into the country? You said you didn't want to fill out an ESTA every time (which doesn't even happen and even when it does it's a few minutes) but put yourself through far more hassle and used up far more time (and risked being blocked from using the VWP ever again if, for some reason, the B2 had been denied).

[Cheezees 1,514]

Firstly, my condolences to her and her family.

However, there are several things that are off about your story.

1. ESTA is definitely more convenient and cheaper than a B-2 visa.

2. B-2 visas are usually issued to those who are ineligible for the VWP.

3. A working individual being able to travel and stay in the US for more than ~3 months at a time can be a red flag.

4. The K-1 visa is NOT EVER to be used to give your relationship a "test run". The K-1 is specifically for those who have a loved one they are ready and eager to marry who happens to reside in another country. During the interview I am sure that you claimed you were ready to get married and would do so in the generous 90-day window. If you had let them know your true feelings of apprehension and intentions to "wait it out", you never would have been issued a visa.

There are many things not right here.

[Ketsuban 1,034]

Firstly, my condolences to her and her family.

However, there are several things that are off about your story.

1. ESTA is definitely more convenient and cheaper than a B-2 visa.

2. B-2 visas are usually issued to those who are ineligible for the VWP.

3. A working individual being able to travel and stay in the US for more than ~3 months at a time can be a red flag.

4. The K-1 visa is NOT EVER to be used to give your relationship a "test run". The K-1 is specifically for those who have a loved one they are ready and eager to marry who happens to reside in another country. During the interview I am sure that you claimed you were ready to get married and would do so in the generous 90-day window. If you had let them know your true feelings of apprehension and intentions to "wait it out", you never would have been issued a visa.

There are many things not right here.

I think these are all on the part of misunderstanding by the OP. They thought a B2 would give them more chance of entry into the US and would require less paperwork (incorrect) and that the K-1 would give them time to get to know each other before deciding to marry (incorrect but really it just means if they go for it again in the future they *might* face more scrutiny).

I don't think he did anything intentionally malicious. Just didn't know better.

[ceisenbruch 53]

4. The K-1 visa is NOT EVER to be used to give your relationship a "test run". The K-1 is specifically for those who have a loved one they are ready and eager to marry who happens to reside in another country. During the interview I am sure that you claimed you were ready to get married and would do so in the generous 90-day window. If you had let them know your true feelings of apprehension and intentions to "wait it out", you never would have been issued a visa.

There are many things not right here.

^^^

???

Like how could you do that to yourself I am floored

[Teddy B 17,251]

I think these are all on the part of misunderstanding by the OP. They thought a B2 would give them more chance of entry into the US and would require less paperwork (incorrect) and that the K-1 would give them time to get to know each other before deciding to marry (incorrect but really it just means if they go for it again in the future they *might* face more scrutiny).

I don't think he did anything intentionally malicious. Just didn't know better.

My thoughts as well. Not sure why everything has to be "fishy".

Even though a K-1 wasn't designed as a "trial period" for relationships, facts are that people do use it that way, they use tourist visas that way as well. There's even a tv show (90 Day Fiance) that plays off the 90 day window for a K-1 as a trial period.