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Pending Visa and Visa Waiver?

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Hi guys,

first time here, but I wish I would have seen this earlier.

Does anyone know if you can still travel to the states on the visa waiver program when you have a pending K1 Visa? It seems to be impossible for us to get a straight answer somewhere.

We just turned in the 1st package about 4 weeks ago. Till we figured it's gonna take about 9-12 month till it's approved, we wanted to see each other for xmas and new years.

Well, I called the US embassy in dublin (well, their visa hotline) and they told me it's ok to travel on the visa waiver. I should just bring something like a rental contract or a letter from work that shows that I will return.

Well, my finace then had an appointment with the uscis to have them look over our application to see if everything is correct and so on. Well, they told her then that I will probably have trouble at immigration.

So I called the visa hotline again, got a different guy and he told me it just depends on the officer. To make sure everything goes smooth, I should just get a visitor visa for 80 Euro.

But then, on some other forum, I was told I might get into trouble when I apply for a greencard and have an wrongly selected visa in my passport.

Has anyone here experience with this? I already bought my ticket after talking to the first guy from the embassy and I hate to lose the money.



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Whilst you *can* visit your fiance with a VWP, the immigration officer will need to see proof of strong times to your home country (such as a steady job, lease agreement, etc.). Also, from what I've read, the fact that you'll be going to visit your fiance, might rise a red flag. The immigration officer will want to be sure that you don't intend to stay for good in the U.S., thus the necessity of showing proof of strong ties to your country.

Hopefully someone else will be able to provide you with more information. Good luck!

Edited by Mew

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Your fiance could also come and visit you as another option.

I travelled to the U.S. from Canada (by car) lots of times after our K-1 was filed with no problems, but I had to take my most recent pay stubs and my mortgage papers for proof that I would return to Canada after my visit.

Just make sure you don't lie at the POE about the reason for your trip if you do come to the U.S. Just be honest, answer their questions as briefly as possible, and hope for the best. Some people get thru no problem and others have had difficulty. It really does depend on the Officer you get.


KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received


KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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