EXPIRED K1/DID NT ENTER THE USA

[kateandedgar 3]

Hey Guys

 

After that whole process, 5 years together and a bunch of paperwork, my partner of 5 years decided to "ghost" me and not go through with the whole thing in Feb this year. (yep devastating and weird, but its done now)

 

My partner and I didn't get married and I never entered the USA on the K1 and it expired in June.

 

I am travelling to the US this week on an ESTA, will I run into any problems?

 

I'm pretty nervous boarder control will deport me thinking I  have intent to see him (which is NOT EVER happening again!!)

 

Any advice?

[Ontarkie 13,903]

~~Moved to Tourist Visas, from K1 P&P - as the OP is wanting to visit using VWP.~~

[audacieux89 256]

2 hours ago, kateandedgar said:

Hey Guys

 

After that whole process, 5 years together and a bunch of paperwork, my partner of 5 years decided to "ghost" me and not go through with the whole thing in Feb this year. (yep devastating and weird, but its done now)

 

My partner and I didn't get married and I never entered the USA on the K1 and it expired in June.

 

I am travelling to the US this week on an ESTA, will I run into any problems?

 

I'm pretty nervous boarder control will deport me thinking I  have intent to see him (which is NOT EVER happening again!!)

 

Any advice?

Are you sure your ESTA is still valid? You might have a record at immigration that you had a k1 visa (which might make the officer think you have immigrant intent)

[kateandedgar 3]

5 minutes ago, audacieux89 said:

Are you sure your ESTA is still valid? You might have a record at immigration that you had a k1 visa (which might make the officer think you have immigrant intent)

I applied and they approved the esta two days ago?

[audacieux89 256]

1 minute ago, kateandedgar said:

I applied and they approved the esta two days ago?

Ok that's good news then hopefully getting through immigration will be a breeze

[geowrian 22,335]

Having an expired K-1 visa does not bar you from entering the US. And using an ESTA usually doesn't raise many questions. At the same time, it's also true that CBP may believe you intend to patch things up and then maybe stay (it absolutely would not be the first time people have done this).

[kateandedgar 3]

4 minutes ago, audacieux89 said:

Ok that's good news then hopefully getting through immigration will be a breeze

I’m stressed out... but I mean couldn’t  they just call him and verify? Maybe they’ll get more of an answer from him than I did 😂

 

ill take my itineraries and proof of my roster on return to Aus... 

 

i figure that if I’m honest about it all and just say what happen it’ll be ok? 

[kateandedgar 3]

2 minutes ago, geowrian said:

Having an expired K-1 visa does not bar you from entering the US. And using an ESTA usually doesn't raise many questions. At the same time, it's also true that CBP may believe you intend to patch things up and then maybe stay (it absolutely would not be the first time people have done this).

Absolutely no intention to even see him.  I have proof of my roster on return to Aus/I work for an airline so I know the visa stuff pretty well but still it’s scary to know it’s a possibility they might not believe my intentions are to just have a holiday. I’m transiting in and out of Canada too so I’ll have enter the USA twice too! 

[geowrian 22,335]

7 minutes ago, kateandedgar said:

Absolutely no intention to even see him.  I have proof of my roster on return to Aus/I work for an airline so I know the visa stuff pretty well but still it’s scary to know it’s a possibility they might not believe my intentions are to just have a holiday. I’m transiting in and out of Canada too so I’ll have enter the USA twice too! 

I get that, but I'm not thee one making the final call. You'll probably be as stated above. Best wishes. Please update the thread with how it goes.

[Dashinka 23,206]

I would make sure you have as much evidence of your ties to Australia as you can.  Property ownership, work ties, etc.  travel itineraries are good, but they can also be changed fairly easily.

 

Good Luck!

[JFH 12,189]

2 hours ago, kateandedgar said:

 

 

i figure that if I’m honest about it all and just say what happen it’ll be ok? 

Honesty should always be your policy when dealing with immigration officials in any shape or form. 

 

Note that no admission into the USA is ever guaranteed unless the person is a USC. Everyone else can only hope for the best at the border. So we can't give you any advice on how to guarantee that you will be admitted. All you can do is tell the truth and take evidence of your intent to return home. 

[kateandedgar 3]

6 minutes ago, JFH said:

Honesty should always be your policy when dealing with immigration officials in any shape or form. 

 

Note that no admission into the USA is ever guaranteed unless the person is a USC. Everyone else can only hope for the best at the border. So we can't give you any advice on how to guarantee that you will be admitted. All you can do is tell the truth and take evidence of your intent to return home. 

Exactly! I can only and would only ever be honest and be prepared with all my home life stuff. 

 

Thanks so much! Do you think just my roster/travel plans is ok? I don’t own property like listed above...I just want to be best prepared bc America is my fav holiday destination and I don’t want my break up to stop my ability to visit  

[JFH 12,189]

Should be fine. Round-trip ticket and evidence of having a job at home should be enough for a low-fraud country like Australia. 

[Boiler 43,397]

Non issue.

[Sarah&Facundo 576]

While this is not entirely like your situation, I will mention this. My fiance was approved for this K1 visa this past October. He traveled to visit me inthe US a few weeks ago in November as a tourist with no intention of moving to the US until this upcoming March. Therefore, he was traveling with BOTH a tourist visa and a valid K1 at the same time. He presented himself in the tourist line and no one even mentioned the fact he had a K1 or questioned it.