VWP after K1?

[Stephen + Elisha 92]

Have a bit of a developing situation here and I'm hoping someone here has some experience and/or hard facts that pertain to it.

After successfully obtaining a K-1 visa, my fiancee came to the US with me last Saturday. Due to personal matters back in Korea, she is considering returning there this weekend. We haven't had time to marry yet, let alone file for AOS and AP.

As South Korea is a VWP country, my fiancee thinks that returning for periodic short visits under the VWP is a feasible Plan B until we're in a position to marry and file for a CR-1.

My question is, is this actually feasible? What are her chances of being admitted under VWP after having entered on a K-1 and then leaving without having adjusted status?

Once again, I would greatly appreciate replies based on personal experience or other factual information. Opinions are like armpits, and you get what you pay for with free advice.

[canadian_wife 1,791]

I think it is possible to visit, however duration of stay and admittance is up to the CBP. After being granted a K1 she will likely have to show STRONG ties to Korea to prove she intends to return and not simply try to adjust status from a tourist visa, which we all know is visa fraud.

I am sorry for your situation.

Good luck.

[Gary and Alla 3,694]

Have a bit of a developing situation here and I'm hoping someone here has some experience and/or hard facts that pertain to it.

After successfully obtaining a K-1 visa, my fiancee came to the US with me last Saturday. Due to personal matters back in Korea, she is considering returning there this weekend. We haven't had time to marry yet, let alone file for AOS and AP.

As South Korea is a VWP country, my fiancee thinks that returning for periodic short visits under the VWP is a feasible Plan B until we're in a position to marry and file for a CR-1.

My question is, is this actually feasible? What are her chances of being admitted under VWP after having entered on a K-1 and then leaving without having adjusted status?

Once again, I would greatly appreciate replies based on personal experience or other factual information. Opinions are like armpits, and you get what you pay for with free advice.

On the visa waiver program she CAN go back and return but then cannot file for adjustment of status under a K-1. Seems as though you already got that part of it. Of course the K-1 is forfeited when she leaves and then you can get married later (here or there) and file for a CR-1 or, don't get married and re-file another K-1

Better yet, Steve, make an infopass appointment. Get in there and explain the situation. We did basically the same for our K-2 to follow son who had to return shortly for college. We had an AP in hand within 2 weeks...and they would have sent it to the consulate in Moscow if he had needed to leave right away. Also when Alla arrived, even before we married, we made an infopass as she was concerned about being able to go back to her mother if something happened with her mother's health. They told us if that happens (family emergency) get into the local office, file the AP and GO! It is possible you could get an infopass for tomorrow yet, depends on how busy the local office is, I know you could do it in St. Albans, VT.

[Stephen + Elisha 92]

Thanks for the replies, Gary and canadian_wife. It appears that the crisis has been averted and we won't need to explore any of these options after all.