Visit the USA on ESTA with K1 granted

[jamesuk113 5]

Ok, I considered posting this to "Yes, you can visit!" but it's slightly different.

In our case the K1 has been approved, I have the visa page in my passport and I have the sealed K1 pack.

My question is, am I allowed to visit the USA on ESTA before I use the K1 visa? (If it's at all relevant, I renewed my ESTA after being granted the K1 and it came back approved immediately. I'm not sure if ESTA knows about K1 visas though?)

I asked someone at the embassy on the interview date and they said they didn't think it would be a problem but couldn't be sure. On returning home, my partner also asked a border officer at SFO. She said they were really great guys, by the end of her conversation four of them had gathered round and none said that it would be a problem.

With tickets pretty cheap at the moment I booked up a flight to see my partner one last time before I leave here for good. So now I have two separate flights booked, one for the visit and one for the K1.

So my questions are,

1. What do you think my chances are of getting into the US under ESTA in this situation?

2. If I am refused entry under ESTA and am immediately sent home, will this invalidate my K1 visa?

Thanks for reading

p.s. I imagine this might get asked so, reason for not using the K1 on the first visit: I have important commitments in the UK just before I travel to use the K1. why couldn't I just wait? We have a lot of wedding planning to do, plus I miss her a lot.

[Ontarkie 13,918]

I know there have been Canadian's that were able to visit without using the K1. It is completely up to the guy who lets you in. If you have a pre clearance at the airport you can try there, if they turn you away then you aren't stuck.

I do remember someone else from another country that was allowed to visit on esta but I can't find that thread.

[Lowlie 191]

Be careful. When your passport is gone through upon US entry, they may insist that entry is your "once only" entry with the K1, then see you don't have your K1 packet and tell you to go home....with your K1 rendered invalid. It totally depends on the particular person you deal with at the port of entry, and what they're mood is.

[jamesuk113 5]

Be careful. When your passport is gone through upon US entry, they may insist that entry is your "once only" entry with the K1, then see you don't have your K1 packet and tell you to go home....with your K1 rendered invalid. It totally depends on the particular person you deal with at the port of entry, and what they're mood is.

I'd planned to bring the packet with me just in case. It wouldn't be the end of the world if I had to use the K1 on this occasion. Just a wasted flight and a difficult conversation with my supervisor.

[Lowlie 191]

I'd planned to bring the packet with me just in case. It wouldn't be the end of the world if I had to use the K1 on this occasion. Just a wasted flight and a difficult conversation with my supervisor.

Good idea to take it! Hopefully all goes well. By the way, congratulations on having your K1 in hand now :-)

[jamesuk113 5]

Good idea to take it! Hopefully all goes well. By the way, congratulations on having your K1 in hand now :-)

Thanks for the kind words! Sometimes easy to forget to appreciate what we have when working through this process.

[Lowlie 191]

Thanks for the kind words! Sometimes easy to forget to appreciate what we have when working through this process.

Yes indeed...because as soon as one step is accomplished, we must immediately begin stressing over dealing with the next step. It's like a gauntlet!

[Elizabeth+Fred 35]

Ok, I considered posting this to "Yes, you can visit!" but it's slightly different.

In our case the K1 has been approved, I have the visa page in my passport and I have the sealed K1 pack.

My question is, am I allowed to visit the USA on ESTA before I use the K1 visa? (If it's at all relevant, I renewed my ESTA after being granted the K1 and it came back approved immediately. I'm not sure if ESTA knows about K1 visas though?)

I asked someone at the embassy on the interview date and they said they didn't think it would be a problem but couldn't be sure. On returning home, my partner also asked a border officer at SFO. She said they were really great guys, by the end of her conversation four of them had gathered round and none said that it would be a problem.

With tickets pretty cheap at the moment I booked up a flight to see my partner one last time before I leave here for good. So now I have two separate flights booked, one for the visit and one for the K1.

So my questions are,

1. What do you think my chances are of getting into the US under ESTA in this situation?

2. If I am refused entry under ESTA and am immediately sent home, will this invalidate my K1 visa?

Thanks for reading

p.s. I imagine this might get asked so, reason for not using the K1 on the first visit: I have important commitments in the UK just before I travel to use the K1. why couldn't I just wait? We have a lot of wedding planning to do, plus I miss her a lot.

The short answer is "no".

The ESTA is rendered useless/invalid once you have a "real" visa to enter the U.S. Once you walk up

to the CBP officer's booth and present your passport, the officer will see the K-1 and use that, regardless

of ESTA status.

So,

1. zero

2. not applicable, your ESTA won't even be used

Good luck!

[jamesuk113 5]

The short answer is "no".

The ESTA is rendered useless/invalid once you have a "real" visa to enter the U.S. Once you walk up

to the CBP officer's booth and present your passport, the officer will see the K-1 and use that, regardless

of ESTA status.

So,

1. zero

2. not applicable, your ESTA won't even be used

Good luck!

Hi,

Thanks for the reply, though I was worried someone would say this

I'm still confused as to why my ESTA came back granted immediately with the K1 Visa on file, then again I understand things aren't always that simple.

In your opinion, is there any harm in trying? Are there only two outcomes? Either A) get in under ESTA, return, go back and get in under K1 & marry or B) Advised on arrival that K1 will be used, enter under K1, get married?

Are there any more risks to trying that I'm not aware of?

[jamesuk113 5]

I've done a little research, according to the ESTA rules (https://esta.cbp.dhs.gov/esta/)

All eligible international travelers who wish to travel to the United States under the Visa Waiver Program must apply for authorization.

Who You Are:

• You are a citizen or eligible national of a Visa Waiver Program country. Yes - applies to me
• You are currently not in possession of a visitor's visa. Ah, what does this mean? Google US Visitor Visa ... see below
• Your travel is for 90 days or less. Yes - applies to me
• You plan to travel to the United States for business or pleasure. Yes - applies to me
• You want to apply for a new authorization for one person or a group of applications for two or more persons. Yes - applies to me

Visitor Visa: http://travel.state.gov/content/visas/en/visit/visitor.html

Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).

Source 2, although says the word "nonimmigrant" (and K-1 is technically nonimmigrant), it goes on to qualify this as B-1, B-2.

Is there really no chance whatsoever that the Immigration Officer will use their discretion?

Edit: Could Source 1 not just as easily have said "You are currently not in possession of any visa valid for travel to the US."?

Edited September 25, 2015 by jamesuk113

[D.Ba 85]

Edit: Could Source 1 not just as easily have said "You are currently not in possession of any visa valid for travel to the US."?

Ok, visitor visa is a subset of non-immigrant visa. But not all n-i visa are visitors' visas, case in point, the K-1. I guess J-1 too, although that's even called exchange visitor.

You do realize that once you enter on K-1 you will not be able to leave the country for 2-3 months after marriage? So, no two separate flights. Finish all your business, then pack and leave.

Edited September 25, 2015 by D.Ba

[jamesuk113 5]

You do realize that once you enter on K-1 you will not be able to leave the country for 2-3 months after marriage? So, no two separate flights. Finish all your business, then pack and leave.

Yes, that's why there was one short visit before fully committing to my new life in the USA. I guess I should consider cancelling the first flight then

[Elizabeth+Fred 35]

Hi,

Thanks for the reply, though I was worried someone would say this

I'm still confused as to why my ESTA came back granted immediately with the K1 Visa on file, then again I understand things aren't always that simple.

In your opinion, is there any harm in trying? Are there only two outcomes? Either A) get in under ESTA, return, go back and get in under K1 & marry or B) Advised on arrival that K1 will be used, enter under K1, get married?

Are there any more risks to trying that I'm not aware of?

When I left The Netherlands on my K-1, I could not book a flight on US Airways unless I had ESTA clearance. So, I got that

through DoS's website, and then was able to book my flight. This may just be a weirdness from US Airways- their website

kept telling me that there was no ESTA clearance on my passport number, etc etc.

Anyway.

Once I POE'd (in Philadelphia) the K-1 was used.

You won't "get in" on ESTA, simply because the K-1 overrides it. If you POE, they *will* use the K-1, which means that it

is then "used up", and you should marry within 90 days.

If your intent is to try to just visit .. don't. The K-1 will be used, and you'll have to stay until you get at least AP as part of

the AOS process.

Good luck!

[Lowlie 191]

You do realize that once you enter on K-1 you will not be able to leave the country for 2-3 months after marriage? So, no two separate flights. Finish all your business, then pack and leave.

Sometimes longer than that. In spring 2013, I had a couple of other friends whose fiancé's came to the USA on K1 and it took 6 months to finally get their AP.

[Elizabeth+Fred 35]

Sometimes longer than that. In spring 2013, I had a couple of other friends whose fiancé's came to the USA on K1 and it took 6 months to finally get their AP.

Also, remember that AP doesn't mean you are guaranteed to be able to return. It is (once again) up to the

CBP officer to decide on that. In general, only "use" AP in situations where you *had* to leave the U.S., for

example, in case of home-country family emergencies. That way, you can tell the CBP officer what happened.

Relying on AP to just "pop back" to your home-country is kinda risky!

Just my $.05 ..