Enter & Exit US AFTER K-1 is issued

[LMB 0]

I am wondering if anyone knows if it is possible to visit the US for a week on the VWP, and leave again, AFTER the K-1 visa has been issued in your passport?

I understand that the K-1 can only be used to enter once. But is there any way to use the VWP to enter for a short visit, return to home country, then later on enter using the K-1, with the intention to marry and apply for AOS?

I am from the UK and will return there for the next few months while waiting for K-1. I expect/ hope it would be issued in August (all going smoothly).

I have a good friend's wedding early September in the US, and my grandmother's 80th birthday 2 weeks later back in the UK. My own wedding is planned for early October in the US.

I do not want to miss my friend's wedding, nor my grandmother's landmark birthday, so ideally I would like to go into the US as a visitor, then go back to to the UK for the birthday, and after that come to the US to settle.

Is this possible if I already have been issued the K-1?!

[YuAndDan 153]

1) Nope, once the K-1 is affixed into your passport, the next entry to the USA WILL be as a K-1 Visa holder, and the visa gets used.

2) Simply DELAY returning the packet 3 (DS-2001) to the consulate, they will wait up to 1 year for you to declare yourself ready for interview. INTERVIEW for the visa AFTER the wedding and birthday.

Do not return this: http://www.usembassy.org.uk/cons_new/forms...t_Readiness.pdf Until you are ready to interview for the K-1.

Edited March 5, 2009 by YuAndDan

[pushbrk 13,579]

1) Nope, once the K-1 is affixed into your passport, the next entry to the USA WILL be as a K-1 Visa holder, and the visa gets used.

2) Simply DELAY returning the packet 3 (DS-2001) to the consulate, they will wait up to 1 year for you to declare yourself ready for interview. INTERVIEW for the visa AFTER the wedding and birthday.

Do not return this: http://www.usembassy.org.uk/cons_new/forms...t_Readiness.pdf Until you are ready to interview for the K-1.

I've seen reports of success attempting this but there's no way to be certain in advance. I'd recommend following the above advice instead of trying to enter without using the visa in the passport.

[YuAndDan 153]

1) Nope, once the K-1 is affixed into your passport, the next entry to the USA WILL be as a K-1 Visa holder, and the visa gets used.

2) Simply DELAY returning the packet 3 (DS-2001) to the consulate, they will wait up to 1 year for you to declare yourself ready for interview. INTERVIEW for the visa AFTER the wedding and birthday.

Do not return this: http://www.usembassy.org.uk/cons_new/forms...t_Readiness.pdf Until you are ready to interview for the K-1.

I've seen reports of success attempting this but there's no way to be certain in advance. I'd recommend following the above advice instead of trying to enter without using the visa in the passport.

Yep, and if you have a hard and fast plan for your wedding, I would do a religious wedding (NO MARRIAGE LICENSE or LEGAL) on VWP, then get the K-1 and return to USA and do the LEGAL marriage in front of a judge to satisfy the K-1.

[Jasman0717 9]

You don't have to execute the K-1, just tell the customs guy

[KimandRuss 0]

Like pushbrk, i've seen a couple cases where this was 'allowed' but there is certainly no guarantee.