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Fabbio77

Visiting the US with approved K-1 visa

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Hello all,

I'm new to this forum and I can't believe I never checked this out before, so much useful information.

I recently had my Visa approved and will be moving to the US in late July so my wedding falls within the 90 day period.

I'm not sure if you're aloud to do this, but could you in theory still visit the US on an ESTA and not use your visa. I would like to visit my Fiancé in late April, but obviously don't want the 90 days to start on my visa. I'm just not sure what the rules are with something like this....

Kind Regards,

Luke

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I appraise the reply, but that is incorrect according to this information I just found -

"With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States."

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When you enter the US, they will activate your visa. They won't let you use ESTA, from what I've heard.


Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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I appraise the reply, but that is incorrect according to this information I just found -

"With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States."

you are correct, from the date it was issue it's valid for 6 months and the 90 days start counting.

I visited my fiance before my k1 was approved, when i returned I had my interview and they canceled my tourist visa right then and there.

I'm not sure if they'll let you in with ESTA considering you already have a k-1, maybe someone more experienced can confirm this. Anyways, good luck!


2014-05-08 Sent I-129f
2014-05-12 I-129f received
2014-05-15 Received NOA1 email
2014-05-19 Received NOA1 hardcopy
2014-09-10 NOA2 Approved
2014-09-30 Package Left from NVC
2014-10-06 Received by Embassy
2014-10-31 Interview, Approved.
2014-11-03 Picked up visa.
2014-12-25 POE Ft. Lauderdale

2015-01-02 Wedding

---AOS---

2015-01-09 Filed I-485, I-131 and I-765

2015-01-12 AOS package received

2015-01-14 Email received: Case accepted and routed

2015-01-15 Check cashed

2015-01-20 Received NOAs in the mail

2015-02-07 Received Biometrics letter in the mail

2015-02-19 Biometrics Appt in Raleigh office.

2015-03-13 EAD and AP approved

2015-03-19 EAD and AP sent

2015-03-21 Received EAD/AP combo card

2015-03-26 Received 2nd Biometrics appointment for Charlotte office

2015-04-08 2nd Biometrics

2015-06-15 Received NPIW dated 06-11

2015-08-01 Green Card Approved

2015-08-03 Welcome Letter Mailed

2015-08-07 Welcome Letter Received

2015-08-22 Card Mailed

2015-08-26 Card Received

2015-11-20 Enlisted in the USMC

2016-02-16 Shipping date to bootcamp

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The k1 gets activated at POE and you will have 90days to get married. If you are not yet ready to relocate do not travel yet. You cannot use ESTA together with an approved K1 visa in your passport. Good luck.

Edited by S_R

....All your Negative Energy Feeds Cancer!


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If you have the K-1 visa in your passport, you will be using the K-1 when you next enter the US. You cannot enter on ESTA if you have a K-1 visa.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Hello all,

I'm new to this forum and I can't believe I never checked this out before, so much useful information.

I recently had my Visa approved and will be moving to the US in late July so my wedding falls within the 90 day period.

I'm not sure if you're aloud to do this, but could you in theory still visit the US on an ESTA and not use your visa. I would like to visit my Fiancé in late April, but obviously don't want the 90 days to start on my visa. I'm just not sure what the rules are with something like this....

Kind Regards,

Luke

Hi Luke. The answer is "No." The issued K-1 takes precedence over any other previously visa, and

effectively cancels those. An ESTA is not a visa as you know, but the moment the CBP officer checks

you on their system, they "see" the K-1, and they will use that instead of the ESTA-based 90-day tourist

visa. So.. dont !

The K-1 is basically a one-time "inbound travel pass with marriage as its intended use", and once issued,

it will be the used the first time you enter the U.S. So, IF you visit, it will be used, and you'll have to get

married within those 90 days... not what you intended to do!

--fred


SEP-1994 First met! 12-16-14 POE PHILADELPHIA

05-25-14 Engaged (what took us so looooong!!!?) 12-19-14 MARRIAGE (SIMPLE)

06-19-14 I-129F packet sent to Lewisville Lockbox (USPS overnight) 01-05-15 I-485 (AOS/EAD/AP) package mailed out

06-20-14 USPS messed up, and had to re-route! 01-12-15 NOA text/email received for AOS/EAD/AP

06-23-14 I-129F packet received at Lockbox 02-03-15 Biometrics (Indianapolis)

06-23-14 NOA1 Notice Date (routed to CSC, yay!) 04-07-15 EAD and AP approved, card ordered

06-25-14 NOA1 text/email received 04-14-15 EAD/AP Combo Card received by certified mail.

06-26-14 Check Cashed 06-15-15 Received letter about interview waiver. 6mo to go!

06-27-14 Alien Registration Number changed 08-06-15 Welcome Notice mailed, permanent status registered.

06-30-14 NOA1 hardcopy received 08-14-15 Green Card mailed to me.

09-24-14 NOA2 text/email received *APPROVED* 08-18-15 Green Card (which is green!) in hand!!

09-28-14 NOA2 hardcopy received

10-15-14 NVC received 05-17-17 Time to start ROC !

10-16-14 NVC case number assigned

10-21-14 NVC left (to Amsterdam Consulate)

10-23-14 Consulate Received

10-25-14 PACKET-3 Received (regular mail)

10-25-14 Online DS-160 submitted **** I am the Beneficiary (Fred) ****

10-27-14 Sent reply to Consulate (arrives 10-28)

10-29-14 Touched *** If you have questions about the K-1 journey coming

11-01-14 PACKET-4 Received (regular mail) *** from The Netherlands, send me a message !

11-26-14 MEDICAL *PASSED*

12-04-14 INTERVIEW *APPROVED*

12-06-14 Touched (Administrative Processing)

12-08-14 Touched (Ready)

12-09-14 Touched (Issued)

12-10-14 Received email that package was sent off

12-11-14 VISA IN HAND

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Your visa starts by the date in which you received it you only get 90 days, I suggest you hurry to your fiancée and marry then discuss traveling ?

Wrong. If you don't know the answer to a question, don't answer. They have 90 days from the day of ENTRY into the US.

OP you cannot enter on ESTA with an approved K-1.



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I have seen some Canadians on here who have done it.

That might be the case for Canadians.

But not for someone from the UK.

ESTA will be cancelled and he k1 will apply.

Remember. Not all countries are the same and some things are easier for Canadians because they live on the border and have certain rights with the states that other countries do not.


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Once you hold a K-1 you cannot keep it for later use, and visit the US on the VWP. It's a one time use visa, so once you enter the US, that's that. An ESTA, is not the exact same as the VWP, but the two go hand-in-hand. The VWP is an agreement between certain countries to allow you to enter without having to obtain a tourist type visa. The ESTA is kind of like a background-check pre-clearance form that you fill out in order to use the VWP. There will be also no need to fill out an ESTA when you fly in with your K-1, you've been cleared already. And your K-1 overwrites your VWP ability. Once you have an approved K-1, you have six months from the date of your medical to enter the US and 90 days upon entering to marry.

You can visit the US on the VWP before you have such an approved visa provided you can prove your return home, but not after you have one. So once you got one, treasure it, cherish it, and use it when the time is right. :-)

Edited by yuna628

K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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That might be the case for Canadians.

But not for someone from the UK.

ESTA will be cancelled and he k1 will apply.

Remember. Not all countries are the same and some things are easier for Canadians because they live on the border and have certain rights with the states that other countries do not.

Just making a simple statement.

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