VWP Eligibility after K1 Visa

[johnfromparis 0]

Dear all,

I entered the US on a K1 Visa on June 21 of this year with the intent to get married with my fiance within 90 days. It so happens that it did not work out and we will not be getting married. My stamp states September 18 and I plan to leave the US in the next couple of days in order not to overstay anything. The only good news is I might be able to get my job back in Paris, France but we do quite some business in the US so it requires frequent short stays throughout the year (3 to 5 days in general), which has been fine until I got my K1 (We were planning to open a US branch office once I got my GC and EAD but that is no longer in the cards for now).

Can I still come for short trips under the VWP (I am a French citizen)? We have a conference in September they already asked me to attend in mid-September (2 days), any luck with that?

I know there is no chance I can get my job back if I cannot do those trips. I never overstayed any US trips before (real short business trips) and will leave on time for my K1.

Thank you in advance for your help.

Cheers!

[JohnR! 5,495]

If you didn't overstay your K-1 (90 days) you should have no trouble getting ESTA approved for future trips to the US.

Good luck!

[johnfromparis 0]

Thank you very much for your response. I must say I really need that job right now so quite anxious about the whole thing...

[JohnR! 5,495]

You shouldn't worry. The K-1 is a non-immigrant visa anyway. It is only valid for one entry and the condition is that you either marry the US citizen who requested the visa for you or leave within 90 days.

By not staying over 90 days you have fulfilled one of the conditions and you're not precluded from returning to the US.

Once you're back in France you may want to send the US consulate in Paris just letting them know you did not get married and that you have left the US as required. For good measure keep your return boarding pass. With that you should be in good standing to qualify for ESTA and even if that were not the case, with a job and a reason to return to the US on business you shouldn't have any issues getting a B1B2 visa.

Thank you very much for your response. I must say I really need that job right now so quite anxious about the whole thing...

[Mollie09 1,543]

You have not violated the terms of your visa, and demonstrated no immigrant intent by leaving and trying to get your job back. You should be completely fine.

[Russ&Caro 1,548]

Sounds like you're planning on returning within the next few days, well in advance of the 90 day deadline of Sept 18. You'll want to stick to that plan, if possible. Travel conditions can change abruptly for any # of reasons. I've been delayed on various occasions due to hurricanes, snow storms and even a volcano.

Sorry to hear that your relationship didn't work out. Hopefully you have better days ahead.

[Mena28 35]

I am not totally sure, but check what to do about your ESTA - if your old one is still valid or you need a new one because you had the K-1 in between times.

[johnfromparis 0]

Thank you all for your answers! Sincerely