Abandoned K1 visa return on ESTA

[kbhowbrook 0]

Hi Everyone, 

First off thanks to this forum and it's information I got a K1 visa (with the right amount of worry!) I can offer advice on this process in return.

 

My question at the moment is:

How soon can I return to the US from the UK on an ESTA after abandoning the K1

 

Background

My finacee and I were going to marry in the US as she was doing a PHD there (she is American). However whilst I was over there on my K1 visa, she decided to transfer her PHD to the UK. So we didn't go ahead with a wedding there.

I returned to the UK about 7 days ago after spending the maximum 90 days there. Now I need to return to her to finish the rest of our planned holiday in the US but will need to do so on an ESTA. Ideally, I want to go back right away, I know much of the decision will be made at the border, but I can explain the situation well enough and i'm not concerned with the border officer not believing me as I have the void K1 with me. I'm just wondering if I may have missed anything obvious?

 

Thanks

 

Kevin

 

[Ben&Zian 4,397]

It's gonna be a little difficult I think.

 

You just left after entering on a dual intent visa, while the K-1 is a "non immigrant" visa, it has immigrant intent, so you "voiding/abandoning" it, then returning relatively quickly will look a little odd to immigrations, and rightfully so...

You're going to have to try extra hard to prove to them you are not intending to stay. To them might seem like you made a mistake and are trying to get back into the US to stay...

[jpiz777 3]

Since you're on a K1, it's a one time entry only to the US and you abandoned it.  It may be difficult even with an ESTA, but it's worth a shot.  Good luck!

Edited April 12, 2017 by jpiz777

[yuna628 9,528]

TBH OP, I don't think you will be successful. It is further likely you will be denied and may need a visa to re-enter the US again, and it may also be likely you won't be able to obtain such a visit visa after abandoning the K1. When you complete an immigration process like this... it's very important to think everything through that will not result in the abandoning of your privileges. If you decide to live in the US in the future, it would be advisable to marry in the UK and then have her file for a spousal visa, or complete the UK immigration process.

[Auds 223]

Well, I think you will actually be fine.  If you wanted to play the system you could have gone on ESTA and AOS but you followed the rules.

 

Good luck.

[kbhowbrook 0]

Thanks for the responses guys, really helpful!

[Limey 550]

Take as much evidence as you can about your partners transfer of PHD to the UK. Make sure you have her contact details so they can call her if they want to hear her side. I think you should be able to satisfy them that your plans have changed and you no longer intend marrying in the USA.

 

I think the main issue you would have would be returning immediately to the US having maxed out a 90 day stay. I got a hard time once when I'd spent much less time in the US and was returning after over 2 months away from there. They let me in. The basic rule is more time out that in (the US). In your case they might view it that you'd be way over that.

[USC1961 251]

18 hours ago, Auds said:

Well, I think you will actually be fine.  If you wanted to play the system you could have gone on ESTA and AOS but you followed the rules.

 

Good luck.

This is not playing the system, its called fraud.  Knowingly entering the US on a tourist visa with the intent of staying and marrying makes it so.  

 

In any case to the OP: Like others have already said, even if your application for ESTA is approved, you may be turned away at immigration.  In fact I'd wager that you will be turned away.  Having said that if money and time is no object, go for it.  Good luck!       

[JFH 12,189]

The scenario raises a couple of questions for CBP. You have already demonstrated immigration intent and have no real ties to the U.K. You left the U.K. with the intention of going for good and went to great lengths to convince immigration that you should be granted a K-1 visa only to "change your mind" when you arrived. Sounds like you have no job if you are considering going back again right away. Your reason for abandoning the USA sounds suspicious - with the greatest respect to you. Your girlfriend just decided within a space of less than 90 days to transfer her studies to the U.K. after having spent over $1000 to get you in to the country and going through all that paperwork, medical, you quit your job and left your family... And she got a place at a university and a student visa that quickly in the middle of the academic year? I doubt that CBP will buy that story. I'm struggling to believe it. 

 

And you you say you want to go back to complete your holiday? What holiday needs to be completed? You just had a 90-day holiday. The CBP officer will likely feel that is sufficient time already for a holiday. 

 

[Auds 223]

3 hours ago, JFH said:

The scenario raises a couple of questions for CBP. You have already demonstrated immigration intent and have no real ties to the U.K. You left the U.K. with the intention of going for good and went to great lengths to convince immigration that you should be granted a K-1 visa only to "change your mind" when you arrived. Sounds like you have no job if you are considering going back again right away. Your reason for abandoning the USA sounds suspicious - with the greatest respect to you. Your girlfriend just decided within a space of less than 90 days to transfer her studies to the U.K. after having spent over $1000 to get you in to the country and going through all that paperwork, medical, you quit your job and left your family... And she got a place at a university and a student visa that quickly in the middle of the academic year? I doubt that CBP will buy that story. I'm struggling to believe it. 

 

And you you say you want to go back to complete your holiday? What holiday needs to be completed? You just had a 90-day holiday. The CBP officer will likely feel that is sufficient time already for a holiday. 

 

I must say even though I said you will get through I doubted the story half way through...now that JFH has put it this way - I don't think your story is believable as clearly many of us thinking the same and surely a CBP officer trained for such stuff would doubt it.  you also don't mention if you finance is joining you - pretty vague.

 

Sounds more like someone got cold feet and now changed their mind again or possibly met someone else - whether true or not - that's how it looks.

If you are absolutely honest, again as someone suggested get max proof - her admission in UK, your exact initial travel plans, what is remaining and more.

[MacUK 983]

On Wednesday, April 12, 2017 at 2:06 PM, kbhowbrook said:

 

I returned to the UK about 7 days ago after spending the maximum 90 days there.

 

You mean you left after the expiration of your 90 days?

 

Surprised no-one picked up on this yet.

Sorry to bear bad news but you can never use VWP again, you overstayed a visa.

 

Only by 7 days so there's no ban for you but you have lost VWP eligibility for life.

You'll have to apply for a B-2 visa from the embassy. That may be tricky seeing as you've clearly had immigrant intent, but you'll never know unless you try.

Good luck.

 

[kbhowbrook 0]

Thanks @MacUK I did not overstay my k1, we just didn't get married and I came back on the final day of the K1

[NigeriaorBust 4,087]

12 minutes ago, kbhowbrook said:

Thanks @MacUK I did not overstay my k1, we just didn't get married and I came back on the final day of the K1

 As long as you remembered that the day you arrived was day 1 of the 90 days( so many people count poorly you would be amazed )   you should still be able to use ESTA but you still have to overcome immigrant intent. 

[MacUK 983]

3 hours ago, kbhowbrook said:

Thanks @MacUK I did not overstay my k1, we just didn't get married and I came back on the final day of the K1

Apologies, my mistake.

I misread the post as saying you'd returned 7 days after your max 90 days.

[TBoneTX 43,043]

Thread is moved from the K-1 Process forum to the Tourist Visas forum -- the OP's K-1 process is over, and the destination forum seems most appropriate given the circumstances.