Hypothetical K1 Question

[Damian P 92]

I was just wondering if were at all possible to enter the U.S. on the VWP, when you already have a K1 in your passport? The reason I ask, is that I won't be ready to move full-time until March, but might want to spend a week at Christmas over there.

Could that be explained at the POE, or is it simply not doable?

[Gemmie 142]

I was thinking the same thing since I won't be moving until next summer.

[Nich-Nick 3,353]

We delayed Nick's interview to avoid that situation. I think once the visa is in the passport, it's supposed to be activated. But I recall reading about somebody who successfully did what you want to do. You could call CPB at the airport where you will clear and talk to them. I managed to get the supervisor of CBP at Houston airport on the phone while in England. I had some questions about what were they going to say if I brought 100 cds home in my luggage and things like that. I think I got the number from the Customs and Border Protection website.

[Damian P 92]

I was thinking the same thing since I won't be moving until next summer.

Aren't you off today? For a holiday I mean?

[payxibka 10,045]

theoretically but since the K-1 in the passport will be a big indication of immigrant intent,, no matter how much explaining you do the CBP Officer may not believe you...

[Gemmie 142]

I was thinking the same thing since I won't be moving until next summer.

Aren't you off today? For a holiday I mean?

Nah, it's next Thursday. I've been saying "next week" ever since Sunday though 'cause it makes it seem nearer.

Good point about immigrant intent. I probably wouldn't try and enter the US with the K1 in the passport as that pretty much advertises it.

[KimandRuss 0]

I must have read the same thing mama Nick did. Heard of it happening and also heard there could be a problem.

Hope it works out for you rock dude.

[Damian P 92]

theoretically but since the K-1 in the passport will be a big indication of immigrant intent,, no matter how much explaining you do the CBP Officer may not believe you...

I hear what your saying with regard to immigrant intent, but as you say, the K1 would be very obviously on show (so I clearly wouldn't be trying to conceal anything) and surely the CBP officer would realise that I'll be using an approved K1 sooner or later, and as such will be immigrating at some point anyway, so why would they mind me using a VWP in the meantime? I mean everything's completely transparent, right? Unlike someone who doesn't have a K1, and might be trying to stay having entered on a VWP.

Am I making any sense at all here?

[Damian P 92]

I must have read the same thing mama Nick did. Heard of it happening and also heard there could be a problem.

Hope it works out for you rock dude.

To be fair, Kim, the reason I'm not moving until March is money related, so it'd be pretty dumb to go over there at all, actually. I think I was just curious about it.

On another note, you know where you have a little quote under your user name? Where mine just says the bog standard "whatever" member? How do you alter that?

[Gemmie 142]

OOH! I'm a Platinum member too.

[KimandRuss 0]

I understand completely Damian... hopefully it will all work out for you.

Cutom member level in your profile is where you can change. I do believe you need to be a platinum member in order to change it.

[Damian P 92]

I understand completely Damian... hopefully it will all work out for you.

Cheers, luv.

Cutom member level in your profile is where you can change. I do believe you need to be a platinum member in order to change it.

Done!

[payxibka 10,045]

theoretically but since the K-1 in the passport will be a big indication of immigrant intent,, no matter how much explaining you do the CBP Officer may not believe you...

I hear what your saying with regard to immigrant intent, but as you say, the K1 would be very obviously on show (so I clearly wouldn't be trying to conceal anything) and surely the CBP officer would realise that I'll be using an approved K1 sooner or later, and as such will be immigrating at some point anyway, so why would they mind me using a VWP in the meantime? I mean everything's completely transparent, right? Unlike someone who doesn't have a K1, and might be trying to stay having entered on a VWP.

Am I making any sense at all here?

depends on how convincing you are and how the CBP officer feels.... it is totally discretionary and he might just say no regardless of how convincing you are....

[reeses16 8]

OP, you can enter on VWP with a K1 but as others mentioned its complete up to the POE officer's discretion. I would recommend similar evidence to proving that you would present to prove that you do not intend to immigrate with a pending immigrant visa. For example. Maybe a letter from your employer stating that you are on vacation from"date matching your visit" and that you full resignation is accepted as of "date you plan to immigrate". A copy of your ticket for March.

Again totally up to the officer. You should decide what you will do if they refuse, return home without entering the US or enter on the K1. If you enter on the K1 I would think you could marry and apply for AOS ASAP. And file for emergency AP....I'm not sure this would qualify as an emergency, but its worth a try and better than waiting for your green card.

[reeses16 8]

FYI a non-emergency AP should take around 3 months. Also, your planned trip is during the holidays so even if you apply for an emergency AP it make take a little longer.