Entering US with ESTA while possessing a K1 visa?

[alicekitty 8]

Can one enter the US on ESTA (visa waiver program) while already holding the K1 visa?

My fiancé may have to visit the US (as a tourist) to prepare for his permanent move before he resigns from his job in London and move to the US (under the K1).

Is this possible? Has anyone done it before? Thanks

[hateadminforms 19]

It is possible BUT must have his return ticket and proof of life back home.

Paramount is not to over stay, apply for jobs and stay low on the radar in case some "fool" takes a dislike to partner and files a report. No family or friends circle are exempt from having one potential spoiler.

I know of 3 people who travelled whilst in process with USCIS.

2 went to meetup.com events to network locally and to check out locals and ex-pats, 1 met with local realtor and had a pre-planned list of people to share coffee, a meal, time with via Linkedin.

All were clear that they were moving in the future, in exploration mode and had no real idea as yet where in the area / State they were going to live when they spoke to people, a vague and semi-true story easy to remember

On entry:

2 were asked the usual immigration questions and acted normal and no nerves

1 got nervous so had all his bags checked and a grilling - we think he was considered a drugs mule, not calm even normally!

All were on a 2-3 week holiday, all still had a job, apartment and the rest back home,

2 - All information about the trip was electronic, no paper except car hire and airline tickets.

1 - Paper records carried by one was a binder - apartment lease, copy employment contract, last salary slip, bank statement and letter from his mum,,,, he is an engineer and was not asked anything.

Coming from Austria, I think it is not a "hot country" for checking so may be a factor.

Have fun together, it is a long process

Edited December 1, 2016 by hateadminforms

[Tanish 197]

Can one enter the US on ESTA (visa waiver program) while already holding the K1 visa?

My fiancé may have to visit the US (as a tourist) to prepare for his permanent move before he resigns from his job in London and move to the US (under the K1).

Is this possible? Has anyone done it before? Thanks

Is your K1 already approved?

[alicekitty 8]

No not yet approved. I'm asking the question hypothetically because we are trying to decide when to go for the interview.

[Adam&Allison 128]

No not yet approved. I'm asking the question hypothetically because we are trying to decide when to go for the interview.

I travelled for Thanksgiving whilst our case was with the US Embassy in London and it was fine, CBP didn't even ask me about it

[trudi 1,317]

Traveling during the process is fine, just make sure he has the usual proof of ties to the UK

However once the K1 is issued then he can no longer use VWP to travel, the K1 cancels all other entry visas so it would be best if he wraps up his affairs in the U.K. before traveling to the US.

if he was to enter & then leave before getting AP you would have to file for a CR1 (assuming you had married) and spend another year going through the process.

[A'n'L 735]

While the ESTA actually does not get cancelled upon K1 approval (unlike a tourist visa), the CBP are extremely unlikely to allow him to enter without activating the K1. It's against their protocol. There are stories that Canadians using a land crossing have been able to do that, but airports are stricter (and you don't have the option of just turning back if they deny you).

Visit before the K1 interview, and be ready to move once the K1 is printed.

[MA & SY 34]

Can one enter the US on ESTA (visa waiver program) while already holding the K1 visa?

My fiancé may have to visit the US (as a tourist) to prepare for his permanent move before he resigns from his job in London and move to the US (under the K1).

Is this possible? Has anyone done it before? Thanks

I just did that last summer, I went to the US while my k1 visa was in process. All I can tell you it's based on the officer, in my case he just asked me how long you are going to stay and how Dubai is beautiful he was so cool. He didn't mention anything regarding our k1 visa. then he said welcome to the US

beside that, I had my return ticket and a support letter from work, statement bank and emails from the business stores i'm going to visit.

in case, of any it's better to bring strong ties to your home to convince the officer he asked and further questions regarding your visit.

good luck!

[Penguin_ie 5,985]

As the others said, travelling during the process is fine, but once the K1 is in the passport, the beneficiary will almost certainly be made to use it next time they enter the USA. I have not seen any exceptions other than for Canadians using land bridges, and even then it is not certain.

[alicekitty 8]

Is your K1 already approved?

Not yet. At the interview stage. I am just posting a hypothetical scenario because we travel back and forth (while applying for K-1)

[Dutchster 1,106]

How much we can say yes and no and advice to these questions, we can not look into the CBP officer's thoughts. While many have succeeded traveling back and forth while their K1's are in USCIS pending mode/Embassy-Consulate stage, there have also been a handful of people who were denied entry because after all, a pending K-1 shows immigrant-intent. We can't guarantee your access, that all depends on the officer that day if they will. Make sure you are traveling prepared and be honest if they ask. Flight itinerary, showing your flight back, your K-1 approval notice, letter from work stating you are granted days off and they expect you back on -date- (at least, that's what I did) etc.

[sheenita 17]

I just traveled last month for Halloween.

I was on my K-1 processing and scheduled for an interview when i go back.

No issues at all. I was asked the common questions and nothing about my K-1. I didnt rven need to mention it.

Goodluck!

[Magician50 2]

Ok, my girlfriend will be entering the U.S. with the fiance' visa. Her ESTA expired though and she is wondering if she should renew it before entering on the fiance' visa. She just wants to have all her ducks in a row when entering the country. Thanks.

[SalishSea 16,770]

3 hours ago, Magician50 said:

Ok, my girlfriend will be entering the U.S. with the fiance' visa. Her ESTA expired though and she is wondering if she should renew it before entering on the fiance' visa. She just wants to have all her ducks in a row when entering the country. Thanks.

You have exhumed a 3 year old thread.  Best bet is to start your own thread.

[Ontarkie 13,915]

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